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If you and your spouse are in the USA, you can get a Green card by filing for an Adjustment of Status (Form I-485). Your foreign spouse must have entered the USA legally for this marriage visa process to work. Marrying in the United States using the Adjustment of Status process is one of the most common ways couples can ensure they can stay together and still get their Marriage Visa. It is very important you understand this adjustment of status process, otherwise your Marriage Visa may get denied.
Time to Obtain Green Card: 4-5 months from date of filing.
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If your spouse is NOT in the USA and you two are married, you can obtain a K3 Spouse Visa. You cannot obtain a Fiance Visa (K1 Visa).You would obtain the K3 Marriage Visa by filing the appropriate paperwork for the marriage visa through the US Embassy in your spouse's home country. Your spouse will be interviewed at the Embassy and upon approval may travel to the USA. Upon inspection and admission to the US, your spouse will enter the United States to adjust her status. This, however, is a longer process than obtaining a marriage in the USA and a fiance visa (K1).
Time to Obtain Green Card: 11 months from date of filing. (7 months until spouse can arrive to U.S. + 4 months to complete Adjustment of Status and receive Green Card).
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If your fiance is NOT in the USA, you can obtain a Fiance Visa (also known as a K1 visa) which allows your future spouse to enter the country for 90 days and have a marriage in the USA. You can then start the marriage visa process and file an adjustment of status (Form I-485).
Remember, to apply for a Fiance Visa you cannot be married yet. If you are married, then you need one of the other two marriage visa options: Adjustment of Status or K3 Spouse Visa.
Time to Obtain Green Card: 10 months from date of filing. (6 months until your fiance can arrive to U.S. + 4 months to complete Adjustment of Status and receive Green Card).
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If your foreign spouse is NOT in the USA and you are already married, you need to decide how to obtain the Green card. You can choose the "immigrant CR1 visa" or the faster "K3 Spouse Visa". With the CR1 visa you will complete all the paperwork overseas and your spouse will enter the U.S. with full rights as a permanent resident. This will take longer but no filing is done once they arrive in the U.S. You do not need to complete an Adjustment of Status for the CR1 Visa.
CR1 Marriage visa is similar to the K3 Marriage Visa but you will be separated from each other longer with this CR1 marriage visa option. You will receive your green card with either option.
Time to Obtain Green Card: 12 months from date of filing. (Spouse cannot enter the U.S. until all the paperwork is completed abroad).
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No confusion - Don't wonder what stage your application is in or if it has been rejected. With our Visa Streamline System you will always know the exact status of your Marriage Visa Application.
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I have a TN Visa and my husband has his Green card. Can I get a Green card through him?
As for you obtaining a GC through your husband, this can be done once he becomes a citizen. Right now you would be a Second Preference (2a) green card and the wait is very long ......
Submitted by: Tracy V. of Los Angeles, California
Read MoreCan I travel and leave the USA once I apply for the Adjustment of Status?
Yes, but you must receive special travel permission called Advance Parole so you can return to the U.S. Processing time for the Advance Parole is between 30-90 days, similar to the EAD.
It is ......
Submitted by: Jasmine S. of Los Angeles, California
Read MoreMy fiance is from Thailand and we want to get married. Should we apply for the K1 fiance visa or the K3 spouse visa?
If you decide to get married in Thailand, you can apply for the K3 spouse visa. This visa can take 8-9 months to obtain. If you have not gotten married, then you can apply for ......
Submitted by: Joe D. of Los Angeles, California
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