Office of Overseas Services-Questions about obtaining permanent residence

Office of Overseas Services-Questions about obtaining permanent residence

The entire process of obtaining permanent residence predicated on wedding is complicated. Numerous worldwide faculty, staff, and site visitors at Indiana University have actually questions regarding it.

We’ve collected a few of the most regular questions and have actually supplied helpful responses below. The program web page may answer a lot more of the questions you have. We additionally encourage one to e mail us for assistance.

Hopefully the info below can help you comprehend the basic procedure, however it is maybe perhaps not advice that is legal. You may need to consult an immigration lawyer.

The status of the fiancee or fiance

What exactly is a fiancй or fiancйe visa?

The K visa lets you enter the united states of america to have hitched. The U.S. resident fiancйe or fiancй red tube must file a petition with USCIS. Processing takes approx 4 to 6 months, and includes an meeting utilizing the fiancйe or fiancй who’s abroad.

My fiancй is US, but he doesn’t have U.S. passport, just a card that is green.

He could be maybe maybe not a U.S. citizen—he is really a resident that is permanent. They can apply before you can even apply for a green card for you to become a permanent resident too, but because of the quota you will have a long wait.

If my fiancй, a permanent resident, is applicable for me personally to become a permanent resident directly after we get hitched, can I stay static in america?

Only when you have got a valid nonimmigrant visa for the complete waiting duration (presently, about five years).

Financial needs

We heard that USCIS will ask my spouse to demonstrate that she will constantly help me personally. Why?

The immigration law of 1996 has extremely particular economic demands for those who make an application for the green card based on wedding. You have to show income of at the least 125 per cent regarding the federal poverty instructions. To get more information that is detailed begin to see the USCIS pages about Form I-864 and Form I-864P.

Work authorization during processing

May I work while waiting to have my green card?

You can easily request work authorization whenever you submit an application for permanent residence.

In the event that you marry a permanent resident and are usually perhaps not entitled to submit an application for the green card yet, you’ll just work when you have a nonimmigrant status enabling work authorization.

When you get your green card

If We become a permanent resident, do i need to give my passport up?

No, as you will never be a U.S. resident. Your citizenship does change n’t. You’ll use in order to become a U.S. resident once you’ve possessed a green card and have already been hitched up to a U.S. resident for 36 months.

I’ve heard that the green card is just temporary. Is the fact that real?

Quite often, yes. Because wedding is really a route that is relatively easy permanent residence, USCIS funds conditional permanent residence for 2 years. After 2 yrs, you need to register Form I-751 to get rid of the conditions of residence also to get a permanent green card.

You are interviewed for your initial green card, that card will be permanent if you have already been married for two years when.

Travel after marriage

I’ve heard after I have married an American that it may be difficult to travel. Is real?

Yes. It might perhaps not appear rational, however you need to be careful about travel in the event that you marry A us or card holder that is green.

You are expected to have a home abroad and the intent to return there if you are in F, J, or tourist status. Whenever you make an application for a visa stamp at a U.S. embassy or consulate, you need to show ties to your house nation. Wedding to a U.S. resident makes demonstrating these ties hard, due to the fact presumption is you will desire to immigrate towards the United States. In the event that you plan to continue as a full-time student if you need a new visa stamp in order to return to the United States, the likelihood that your will visa will be denied is strong—even.

Imagine if I have actually a student that is valid nevertheless in my own passport? May I travel if that’s the case?

For as long if you have married a U.S. citizen as you have a valid visa stamp, will be continuing as a full-time student, and have your I-20 or DS-2019 signed for travel by OIS, you may be able to re-enter the United States even.

But, you will likely be denied re-entry into the United States on your student visa status if you have married a U.S. citizen and filed an I-485 to become a permanent resident.

Am I able to happen to be Canada since I have don’t need a brand new visa stamp to go back?

You might have a less strenuous time returning from Canada. If for example the partner is with you, but, you may possibly face questions regarding your intends to stay in the usa.

Imagine if you want to vacation in my house nation, or there get married?

Regrettably, both circumstances have actually the problem that is same. Any go back to the usa after marrying A us raises questions regarding your intent to fundamentally come back to your house nation. You might have trouble re-entering the usa in a nonimmigrant status after wedding up to a U.S. resident.

Can the United is left by me States after all once I get married?

Once you marry a U.S. resident, you can submit an application for a green card. While USCIS is processing the job, you are able to make an application for “advance parole,” gives you permission to visit. Unless you’ve got a crisis situation, USCIS will require two to three months to process your parole. You will then be in a position to keep and re-enter the usa without the need to submit an application for a visa that is new.

When your partner has a green card and consequently just isn’t a U.S. resident, you aren’t qualified to receive advance parole.

My buddy ended up being married at a courthouse in the usa then went house for a big ceremony. Exactly just How ended up being she in a position to do that?

That’s a great concern. The civil wedding is the formal one in the usa. Somebody who wishes to possess a civil ceremony and a religious ceremony may have the civil one in the usa thereby applying when it comes to card that is green. Then she could easily get advance parole, travel house when it comes to service that is religious and return to the usa.

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