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Marriage-based
Green Card
When a
U.S. citizen, residing in the United States, marries an alien,
the alien is eligible to receive a green card based on that marriage.
If you are a U.S. citizen, your spouse is considered an "immediate
relative" and he or she may apply for permanent residency. In order
to be granted permanent residency, your spouse's relationship with
you must be established and your spouse must be admissible to the
United States under the immigration law. Also, the marriage must
be bona fide, not merely a sham to get the alien a green card. The
INS takes fraudulent marriage seriously and you will be asked to
provide supporting documents to show that the marriage is valid.
Alien-Spouse Visa (I-130)
If a U.S.
citizen
marries an alien abroad or in the United States,
an I-130 petition
must be filed after the marriage to begin
the immigration process
for the alien spouse. This can be
filed either with the Immigration
and Naturalization Service
(INS) in the United States, or, under
certain circumstances,
at U.S. embassies or consulates abroad. U.S.
embassies and
consulates have differing policies on approving I-130s
and
should be individually contacted about the availability of this
service. Many posts have their own web pages which include this
information and which can be accessed through the U.S. Embassy and
Consulate links page Prior to departure from this country, the U.S.
citizen should contact the INS or appropriate foreign service post
to ascertain exactly what documents will be necessary to file the
immigrant petition for a new spouse. For more information about
this option, see the Bureau of Consular Affairs' brochure Tips for
U.S. Visas: Family-Based Immigrants. For more information on how
to arrange a legally valid marriage abroad, see the Office of Citizens
Consular Services' brochure.
Fiance Visa (I-129F)
U.S.
citizens may file an I-129F petition with INS for the issuance of
a K-1 fiance(e) visa to an alien fiance. A citizen exercising this
option must remain unmarried until the arrival of the fiance in
the U.S., and the wedding must take place within three months of
the fiance's arrival if he/she is to remain in status. Also, the
alien and U.S. citizen must have met personally at least once in
the two years before the petition was filed. Please note: Legal
permanent residents (green card holders) may not file petitions
for fiance visas. They must marry abroad and then file an I-130
petition for the immigration of a new spouse. Please note: Your
fiance may enter the United States only one time with a fiance visa.
If your fiance leaves the country before you are married, your fiance
may not be allowed back into the United States without a new visa.
How
Do I Apply?
You must go through a multi-step process to become an immigrant.
Under
U.S. immigration law, immigrants are persons lawfully
admitted for
permanent residence in the United States. You
must file the following
forms and documents with the INS
to begin the process:
Alien-Spouse
Visa
#
U.S.
citizen files a
Form I-130 Petition for Alien Relative on the spouse's
behalf
($110)
#
If
the alien is already in the United States, he/she files I-485 application
for adjustment of status to permanent resident (green card holder)
($220)
#
You
both file biographical forms G-325A (no fee)
#
If
already in United States, the alien files Form I-765 Application
for Employment Authorization (w/signature card and $100 filing fee)
This allows the alien to work while waiting for the green card interview.
#
Two
color photos of both husband and wife taken within 30 days of the
date of the I-130 petition
#Certified copy of marriage
certificate
#
U.S.
citizen's proof of citizenship (e.g., passport, birth certificate)
#Certified copies of documents
that
terminated previous marriages such as a divorce decree
#
Sworn
affidavits from friends and relatives to prove validity of marriage
#
Filing
fees
After
these forms are filed with the INS, the INS will:
* Process and investigate the information and documents submitted
* Schedule an interview (this could take from two months to
over
two years, depending on the INS jurisdiction)
Examples
of questions you can expect from the interview:
* What color is your spouse's toothbrush?
* What color is the carpeting in your living room?
Examples
of documents that you should be prepared to produce:
* Wedding photos
* Tax returns
* Joint bills
* Joint leases
* Joint bank accounts
* Fiance Visa
Fiancé
Visa
# U.S.
citizen files I-129F Petition for Alien Fiance ($95) Please note:
Once the alien is granted the K-1 visa and enters the United States,
the marriage must occur within 90 days.
#
You
both file biographical forms G-325A (no fee)
#
Alien
must undergo medical examination
#You both file evidence that
the
two parties have physically met within the past two years
#
Alien
files Affidavit of Support I-134 (no fee) and I-864 (no fee)
#
Two
color photos of both husband and wife taken within 30 days of the
date of the I-129F petition
#
U.S.
citizen's proof of citizenship (e.g., passport, birth certificate)
#
Certified
copies of documents that terminated previous marriages such as a
divorce decree
#
Sworn
affidavits from friends and relatives to prove validity of marriage
#
The
spouse files I-485 application for adjustment of status to permanent
resident (green card holder) ($220)
Recent
Changes
Before 1986, when a citizen married a foreigner and petitioned
for
the spouse, the spouse was granted permanent residence
fairly
(Continued...)
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Registration of Foreigners in India
Regulations Applicable To Foreigners In
India
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U.S. Citizenship Applications
The process of becoming a United States citizen is
known as naturalization,
and is controlled by the Immigration
and Naturalization Service
(INS). To become a naturalized
citizen, you must first spend
a set amount of time
as a legal permanent resident of the
United States,
usually five years. The right to vote, access
to programs
such as Social Security, a United States passport,
and the ability to qualify for security clearances are just
a few of the advantages enjoyed only by citizens of the United
States.
The
Naturalization Process:
Follow
these steps to become a United States citizen:
1) Determine your eligibility.
Basic
eligibility requires only that a person has lived as a legal
permanent resident in the US for five years, never taken a
trip abroad of more than 6 months, and has been physically
present in the US for a total of half the entire time--two
and half years. Current regulations do allow a person to start
the application process ninety days before they fulfill their
residency requirement, though ninety percent of applicants
fall into the category of the basic case, and need only meet
these requirements. However, there are many special circumstances,
such as marriage to a US citizen, that might affect your eligibility;
fill out the INS online Naturalization Eligibility Worksheet
to see how you are affected.
2) Obtain an application form.
INS
Form N-400 is available from the INS Forms Line at (800)870-3676,
or on their web site.
3) Fill out the form completely and honestly.
Incomplete
information will delay the processing of your application,
so double check that everything is filled out. Be honest if
you are found to be lying your citizenship can be denied,
even after you have completed the process. See the checklist
below to make sure your application is complete.
4) Send it in.
Applications
must be sent to INS Service Centers, not to local INS offices.
To find the Service Center for your area of the country, use
the INS state map page.
5) Get fingerprinted.
If
your application is complete, the INS will send you an appointment
letter for fingerprinting, follow the instructions on when
and where to go for the procedure. You may be contacted afterward
by the INS, requesting additional documents.
6) Go to the interview.
After
the fingerprinting, you will receive a letter telling you
where and when to go to your naturalization interview. Be
sure to bring any documents requested in the interview letter.
The interview covers 3 requirements:
* English reading, writing,
and speaking.
You must demonstrate a basic command
of the English language.
*
Civics
test. You will need to answer approximately 20 questions on
the history and government of the US. Try the INS self test
to see how much you know.
*
Questions
on your application and background. You will be asked questions
about your background and the evidence supporting the application
for citizenship, where you live and how long you have lived
there, your character, your attachment to the Constitution,
and your willingness to take the oath of allegiance to the
United States.
Get
your decision!
Following the interview, your request for citizenship
will
either be granted, continued, or denied:
*
Granted:
You may be able to take the oath ceremony the same day. However,
it is very common to be notified by mail at a later date.
In this case the notification letter will tell you when and
where you may take your oath of citizenship.
*
Continued:
Your application is on hold for the time being. This could
be the result of failing one of the tests during the interview,
or failing to provide a document the INS requested. The letter
of continuation will provide the details of what is wrong,
and what you can do to finish the process.
*
Denied.
If the INS denies your application, they will provide a letter
explaining why, and telling you what to do if you would like
to appeal the decision. The form to request a hearing on your
denial is INS Form N-336.
Take the oath.
You are not a US citizen until you have taken the Oath
of
Allegiance, swearing allegiance to the United States
and renouncing
all allegiances to any foreign country.
At this time you will
return your Permanent Residence
Card (Green Card), and pick
up your Certificate of
Naturalization. You should get a US
Passport as soon
as possible following the ceremony. If you
lose your
Certificate of Naturalization, and you do not have
a passport, you will have no proof of citizenship until you
can get a replacement
Application
Checklist
Make sure your application for naturalization includes
the
following:
# INS Form N-400. Filled out completely and honestly.
Two photos. Most camera shops can take these for you--they
should not be mounted, be in color, 1/= inches square, and
should be taken from an angle to show both your right ear
and your face.
# Photocopy of your Green Card. Send a photocopy
of
both sides of your permanent residency card.
# Application Fee. This should be sent as a check.
The current N-400 fee can be found in the NEWFEES.PDF download
on the INS web site; the most recent fee, effective January
15, 1999 was $225, plus a $25 fee for fingerprinting.
# Any other required documents. If you have any
special
circumstances, you will need to send other
documents, specified
by the INS. Page 34 of the Guide
to Naturalization lists the
document requirements for
special cases.
Naturalization is not a fast process, even if we don't
consider
the amount of time you must spend as a permanent
resident.
In the common basic case, however, the process
is not complicated.
Many people can and do succeed
on their own. However, if you
are having problems understanding
the requirements or the
process, or if you have a complicated
case, you may want to
consider using an immigration
lawyer. Our Find-A-Lawyer feature
can put you in touch
with an experienced attorney right now.
If you would
like answers to some common questions, check
out the
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Marriage-based
Green
Cards
(Continued...)
quickly
and more or less as a matter of course. In 1986, as a result
of concerns about alleged marriage fraud, Congress passed
the Immigration Marriage Fraud Amendments (IMFA), which changed
the legal process. Thereafter, the U.S. citizen had to petition
for what is called "conditional resident status"
for the spouse. The couple then had to wait for 2 years after
conditional resident status obtained during which time they
had to remain married, and then jointly petition INS to adjust
the conditional status to that of permanent residence. Both
spouses had to undergo a personal interview with the INS,
to prove that the marriage was a bona fide one, before permanent
resident status was conferred on the spouse (Anderson 1993).
The two-year waiting period to apply for permanent resident
status required by IMFA begins on the date the spouse obtains
conditional resident status. Administrative delays can continue
for four years or more. Please see USLaw.com article How Do
I Remove the Conditions on Permanent Residence Based on Marriage.
Obtaining an immigrant visa can be a complicated process
and
may not always end with the desired result. While
it is possible
to obtain such visas successfully on
your own, you may wish
to save time and effort by hiring
a qualified and experienced
immigration lawyer. Our
Find-a-Lawyer feature can put you
in touch with an
experienced attorney right now.
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