Please read through our website for detailed information on applying for and obtaining a marriage (immigrant) visa. You may also wish to try the search utility, or visit the sitemap for quick links to specific content.
Below we have attempted to answer questions frequently asked by both our existing and potential clients. If you cannot find the answer to your question, please do not hesitate to contact us. We will gladly and promptly respond. Remember, every question is important.
FAQs about Attorney Services
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Yes. The immigration regulations do not require a foreign spouse to use the services of an attorney.
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An experienced immigration attorney is well versed in the nuances of the visa process including petition and application preparation, responses to requests for evidence, documentation collection, government communication, consular interviews and advocacy. The attorney can successfully overcome possible issues by providing clients with solid advice based upon education and experience. If you are unsure as to whether you should hire an attorney, you may wish to read our page: Why hire an attorney?
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CLG clients can verify the status of a case online at anytime. At the beginning of the process, CLG clients register with our website by selecting a username and password and creating an individual account. You can verify the status of your case by logging in to the client section of the Choquette Law website. Enter your username (email address) and password into the ‘Login’ box. Once logged in to your account, you can view the status of your case as well as any notices issued by government entities. At all times, your information remains secure and private. Please view our privacy policy.
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FAQs about Entering the United States
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If your foreign spouse married you outside the United States; entered on a non-immigrant visa; and is currently in the United States, it is possible that s/he could remain and a permanent residence application with the USCIS to become a permanent resident. A review of the facts of the foreign spouse’s specific situation is required to make this determination.
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If your foreign spouse married you in the United States; entered on a non-immigrant visa; and is currently in the United States, it is possible that s/he could remain and file a permanent residence application with the USCIS to become a permanent resident. A review of the facts of the foreign spouse’s specific situation is required to make this determination.
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If your foreign spouse married you in the United States; entered and overstayed the visa; and is currently in the United States, it is possible that s/he could remain and file a permanent residence application with the USCIS to become a permanent resident. A review of the facts of the foreign spouse’s specific situation is required to make this determination.
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If your foreign spouse married you in the United States; entered on a visa waiver; and is currently in the United States it is possible that s/he could remain and file a permanent residence application with the USCIS to become a permanent resident. A review of the facts of the spouse’s specific situation is required to make this determination.
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If your foreign spouse married you in the United States; entered on a visa waiver and overstayed; and is currently in the United States, it is possible that they could remain and file a permanent residence application with the USCIS to become a permanent resident. A review of the facts of the spouse’s specific situation is required to make this determination.
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If your foreign spouse married you in the United States; entered illegally without a visa; and is currently in the United States, it is probable that they could not file a permanent residence application with the USCIS to become a permanent resident. Rather, s/he would most likely be required to return to their home country to process an immigrant visa at a United States embassy or consulate. A review of the facts of the foreign spouse’s specific situation is required to make this determination.
FAQs about the Marriage Petition
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A marriage petition is filed by a U.S. citizen or permanent resident on behalf of their foreign spouse with the United States Citizenship and Immigration Services (USCIS). If filed by a U.S. citizen on behalf of a foreign spouse that entered the United States on a non-immigrant visa (i.e. fiancé(e) visa, visitor visa, student visa, work visa etc.) or visa waiver and is currently in the United States legally or overstayed the visa, then it serves as a basis to obtain permanent residence.
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- The petitioner must be a U.S. citizen or permanent resident.
- You and your spouse must be legally married.
- You and your spouse have a genuine relationship and bona-fide marriage.
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Yes. However, the foreign spouse of a permanent resident (as opposed to a U.S. citizen) is not considered an immediate relative. An immediate relative is the spouse, child (unmarried person under 21 years of age) or parent (if a U.S. citizen, must be at least 21 years old) of a U.S. citizen. There is no limit on the number of immigrant visas or permanent residence cards issued to immediate relatives. As such, the wait time for permanent residence for foreign spouses of permanent residents is significantly longer than for foreign spouses of a U.S. citizen.
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Yes. If the petitioner is a U.S. citizen or permanent resident s/he can file a marriage petition on behalf of their same-sex foreign spouse. The eligibility to file a marriage petition for a same-sex foreign spouse and the same-sex foreign spouse’s admissibility as an immigrant will be determined according to the immigration laws applicable to opposite-sex married couples. However, the foreign same-sex spouse of a permanent resident (as opposed to a U.S. citizen) is not considered an immediate relative. As such, the wait time for permanent residence is significantly longer than if the petition is filed by a U.S. citizen.
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Yes. There is no USCIS requirement that the petitioner be employed in order to file a marriage petition. However, in order for the USCIS to issue permanent residence, evidence must be presented that the petitioner is able to financially support a foreign spouse. If the petitioner is unemployed at the time of the USCIS interview, a co-sponsor (a person other than the petitioner) may present evidence demonstrating their ability to financially support the foreign spouse.
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Yes. The petitioner and foreign spouse must be legally married at the time of filing.
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A marriage petition is termed a Petition for Alien Relative (form I-130). At present, the filing fee is $420. We have provided a complete list of fees applicable to the permanent residence (based on marriage) process on our pernmanent residence (based on marriage) fees page (this is a link).
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After the marriage petition is filed, the USCIS will issue a receipt notice. At the interview, the USCIS officer will question you and your foreign spouse in detail with respect to the specifics of your marriage in order to determine its legitimacy. Further, you and your foreign spouse will be required to provide documentation demonstrating the legitimacy of your marriage. Once the USCIS officer determines that you are lawfully married, s/he will approve the marriage petition. Then the USCIS officer will decide the application for permanent residence. Currently, the permanent residence interview is scheduled (on average) within 4 months of filing.
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A marriage petition is valid as long as the persons remain married.
FAQs about the Permanent Residence Process
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A permanent residence application is termed an Application to Register Permanent Residence or Adjust Status (form I-485). At present, the filing fee is $1070. Separate filing fee for child(ren) (under 14 $635) and (14 and over $1070). The fee includes an Application for Travel Document (form I-131), Application for Employment Authorization (form I-765) and a Biometric (Fingerprinting) Fee. We have provided a complete list of fees applicable to the permanent residence (based on marriage) process on our pernmanent residence (based on marriage) fees page.
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Yes. An Application for Travel Document (form I-131) can be filed in the United States by the foreign spouse’s child with the United States Citizenship and Immigration Services (USCIS) along with the permanent residence application to request issuance of an Advanced Parole Document to allow the foreign spouse to depart and re-enter the United States while the permanent residence application is pending.
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Yes. An Application for Travel Document (form I-131) is filed in the United States by the foreign spouse of a U.S. citizen with the United States Citizenship and Immigration Services (USCIS) along with the permanent residence application to request issuance of an Advanced Parole Document to allow the foreign spouse to depart and re-enter the United States while the permanent residence application is pending.
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Yes. An Application for Employment Authorization (form I-765) can be filed in the United States by the foreign spouse’s child(ren) with the United States Citizenship and Immigration Services (USCIS) along with the permanent residence application to request issuance of an Employment Authorization Document (EAD) to allow the foreign spouse’s child to work legally in the United States until such time as the permanent residence application is decided. Upon approval of the Application for Employment Authorization (approximately 90 days), the foreign spouse’s child can apply for and receive a social security number and can begin to work legally.
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Yes. An Application for Employment Authorization (form I-765) is filed in the United States by the foreign spouse of a U.S. citizen with the United States Citizenship and Immigration Services (USCIS) along with the permanent residence application to request issuance of an Employment Authorization Document (EAD) to allow the foreign spouse to work legally in the United States until such time as the permanent residence application is decided. Upon approval of the Application for Employment Authorization (approximately 90 days), the foreign spouse can apply for and receive a social security number and can begin to work legally.
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If the U.S. citizen and foreign spouse have been married less than 2 years at the time of approval of the permanent residence application, the foreign spouse’s child’s permanent resident card will be valid for 2 years. This is referred to as a ‘conditional resident’ card. If the U.S. citizen and foreign spouse have been married 2 years or more at the time of issuance of the immigrant visa, the permanent resident card will be valid for 10 years.
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If you and your spouse have been married less than 2 years at the time of approval of the permanent residence application, the permanent resident card will be valid for 2 years. This is referred to as a ‘conditional resident’ card. Please note that 90 days prior to the expiration of the permanent resident card, your foreign spouse will be required to file a petition to remove the conditions on residence allowing for the issuance of a ‘new’ permanent resident card (valid for 10 years). If you and your foreign spouse have been married 2 years or more at the time of issuance of the immigrant visa, the permanent resident card will be valid for 10 years.
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Assuming approval of the permanent residence application, the foreign spouse’s child will receive the permanent residence card approximately 2 weeks after the interview. If the U.S. citizen and foreign spouse have been married less than 2 years at the time of issuance of the immigrant visa, the foreign spouse’s child’s permanent resident card will be valid for 2 years. This is referred to as a ‘conditional resident’ card. If the U.S. citizen and foreign spouse have been married 2 years or more at the time of issuance of the immigrant visa, the permanent resident card will be valid for 10 years.
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Assuming approval of the permanent residence application, the foreign spouse will receive the permanent residence card approximately 2 weeks after the interview. If you and your foreign spouse have been married less than 2 years at the time of issuance of the immigrant visa, the permanent resident card will be valid for 2 years. This is referred to as a ‘conditional resident’ card. Please note that 90 days prior to the expiration of the permanent resident card, your foreign spouse will be required to file a petition to remove the conditions on residence allowing for the issuance of a ‘new’ permanent resident card (valid for 10 years). If you and your foreign spouse have been married 2 years or more at the time of issuance of the immigrant visa, the permanent resident card will be valid for 10 years.
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After the marriage petition and permanent residence application are filed, the USCIS will issue receipt notices. At the interview, the USCIS officer will question you and your foreign spouse in detail with respect to the specifics of your marriage in order to determine its legitimacy. Further, you and your foreign spouse will be required to provide documentation demonstrating the legitimacy of your marriage. Once the USCIS officer determines that you are lawfully married, s/he will approve the marriage petition. Then the USCIS officer will decide the application for permanent residence. Currently, the permanent residence interview is scheduled (on average) within 4 months of filing.
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The USCIS might deny a permanent residence application a variety of reasons. From an administrative perspective, permanent residence applications can be denied for failing to present requested documents, a divorce decree for example; fraudulently completing documents, criminal history or failing to provide adequate evidence of ability to financially support the foreign spouse.
From a relationship perspective, permanent residence applications can be denied because the USCIS officer is not convinced that a bona-fide marriage exists between the U.S. citizen and their foreign spouse.
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A permanent residence application is filed in the United States by the foreign spouse of a U.S. citizen with the United States Citizenship and Immigration Services (USCIS). The foreign spouse must have entered the United States on a non-immigrant visa (i.e. fiancé(e) visa, visitor visa, student visa, work visa etc.) or visa waiver and is currently in the United States legally or overstayed the visa. The application, if approved, allows the foreign spouse to obtain permanent residence. A review of the facts of the foreign spouse’s specific situation is required to make this determination.
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The foreign spouse is sent a notice to appear at the USCIS District Office in order for biometrics (fingerprints) to be captured. This allows the USCIS to perform a background check of your foreign spouse.
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An Application for Travel Document (form I-131) is filed in the United States by the foreign spouse of a U.S. citizen with the United States Citizenship and Immigration Services (USCIS) along with the permanent residence application to request issuance of an Advanced Parole Document to allow the foreign spouse to depart and re-enter the United States while the permanent residence application is pending.
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An Application for Employment Authorization (form I-765) is filed in the United States by the foreign spouse of a U.S. citizen with the United States Citizenship and Immigration Services (USCIS) along with the permanent residence application to request issuance of an Employment Authorization Document (EAD) to allow the foreign spouse to work legally in the United States until such time as the permanent residence application is decided.
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Yes. The U.S. citizen and foreign spouse must be legally married at the time of filing.
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Yes. There is no USCIS requirement that the foreign spouse’s U.S. citizen spouse be employed in order to file a permanent residence. However, in order for the USCIS to issue permanent residence, evidence must be presented that the U.S. citizen spouse is able to financially support a foreign spouse. If the U.S. citizen spouse is unemployed at the time of the USCIS interview, a co-sponsor (a person other than the petitioner) may present evidence demonstrating their ability to financially support the foreign spouse.
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Yes. The eligibility to file a permanent residence application by a same-sex foreign spouse will be determined according to the immigration laws applicable to an opposite-sex spouse. If the same-sex foreign spouse is married to a permanent resident (as opposed to a U.S. citizen) then the same-sex foreign spouse can only file the application when an immigrant visa number becomes available. The wait time can be years.
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The foreign spouse of a permanent resident (as opposed to a U.S. citizen) is not considered an immediate relative. An immediate relative is the spouse, child (unmarried person under 21 years of age) or parent (if a U.S. citizen, must be at least 21 years old) of a U.S. citizen. There is no limit on the number of immigrant visas or permanent residence cards issued to immediate relatives. There is a limit on the number of immigrant visas or permanent residence cards issued to foreign spouses of permanent residents. As such, the wait time for permanent residence for foreign spouses of permanent residents is significantly longer than for foreign spouses of a U.S. citizen.
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Yes. If the spouse is a permanent resident (as opposed to a U.S. citizen) then the foreign spouse can only file the application when an immigrant visa number becomes available. The wait time can be years.
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- The foreign spouse’s child must be physically present in the United States.
- The foreign spouse’s child must have entered the United States legally.
- The foreign spouse was legally married to the U.S. citizen before the child(ren) reach the age of 18.
- The USCIS approves the permanent residence application while the child is under 21 and unmarried.
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- The foreign spouse must be physically present in the United States.
- The foreign spouse must have entered the United States legally.
- You and your foreign spouse must be legally married.
- You and your foreign spouse have a genuine relationship and bona-fide marriage.
FAQs about Types of Residence
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Permanent residence is issued by the USCIS to a foreign spouse who has been married 2 years or more at the time the permanent residence application is approved. The foreign spouse is termed a “permanent resident”. The foreign spouse’s child is also termed a “permanent resident”.
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Conditional residence is issued by the USCIS to a foreign spouse who has been married fewer than 2 years at the time the permanent residence application is approved. The foreign spouse, termed a “conditional resident”, must file a petition with the USCIS to remove the conditions during the 90 day period prior to the expiration of the 2 year resident card. The foreign spouse’s child is also termed a “conditional resident”.
