Below are a number of frequently asked questions by our clients and prospective clients. If you have a question or concern that is not addressed below, feel free to contact us and we will be happy to answer any other questions you may have.
Can Permanent Residents concurrently file for I-130 and Green Card while their Foreign Spouse is in the United States?
No. Unfortunately, this benefit is only afforded to U.S. Citizens married to Foreign Spouses. However, Permanent Residents may file an I-130 Petition while their Foreign Spouse’s are outside of the United States. Consequently, if the Permanent Resident becomes a U.S. Citizen by Naturalization after the time of the I-130 filing, they may update their new citizenship status with the USCIS.
Once approved, how many months are the Travel Permit and Work Permit good for?
Travel and Work Permits are valid for a 1 year period from the date of issuance. In the unlikely event, you do not get your Green Card within that time period, you may file again for another year. However, most applicants will get their Green Card prior to the date that the Travel Permit and Work Permits expire and therefore, do not need to extend them past 1 year.
Once the Green Card is issued, how many years is it valid?
10 years. If you have been married less than 2 years when the Green Card is issued, there is also condition that must be removed after the first two years of issuance–this is officially known as the “Petition to Remove Conditions of Residence.”
What do I do I have to do when it is ready to Expire?
You will simply file for a renewal.
At what point will will the Foreign Spouse be eligible for U.S Citizenship through Naturalization?
The Foreign Spouse will be eligible for Citizenship through Naturalization on the third anniversary of the Green Card issuance.
Can the Foreign Spouse’s Children also get Green Cards?
Yes, however they would have to meet certain minimum requirements to be eligible (explained below). If the children are also currently in the United States, the couple may file Concurrent I-130 Petitions and I-485 Applications for the children. However, if the children are abroad at the time of the filing for the Foreign Spouse, then the U.S. Citizen can file an I-130 Petition on behalf of the “step-children” and once it is approved it will be forwarded to the U.S. Embassy for Immigrant Visa issuance.
What are the general requirements for children of the Foreign Spouse to immigrate?
Generally, the children must have been under the age of 18 at the time of marriage. In addition, they must also have medicals, security checks, etc. just like their Parent.
How long does it take for the Green Card to be processed?
Processing times vary depending upon the Field Office and a number of other factors. For more on this, click here: Green Card Processing Times.
What are the government fees and other costs for filing?
The following costs are associated with the filing of a Concurrent I-130 Petition and I-485 Application: I-130 Petition Fee-$535.00; Medical Exam Fee-$200-$500 depending upon Designated Civil Surgeon; I-485 Processing Fee, Biometrics, and Affidavit of Support-$1225.00.
