FAQ

How do I apply for a K3 visa for my wife? I'm a US citizen living in the US and my wife is a foreign national living overseas.
First, proof is required that your foreign spouse is married to you, a US citizen. Then you must file form I-130 (Petition for Alien Relative).Make sure it is completely and accurately filled out. After finishing and signing, pay the $535 filing fee. Follow the instructions here Direct Filing Addresses for Form I-130, Petition for Alien Relative to find out where you should ship the form, depending on where you live.Fiancées or spouses of the U.S. citizens and their unmarried children (K visas) has more information on k-visas, should you need it.
What is the process of adjusting the status for my spouse who is currently in a B1 visa and is visiting me in the US? I am a US citizen. Can I file his green card when he is here? What are the forms that I need to fill out, and what are the risks?
Yes you can absolutely apply while he is here. The general start of the process is that you file form I-130 to apply for his permanent stay (start of the green card process), as well as form I-485 to adjust his status. The 485 will allow your spouse to stay with you in the country while he awaits a decision and still maintain a legal status. There is no risk to his legality, as long as the forms and accompanying evidence are received by USCIS before the last day that his visa allows him to be in the country.Entry stamps are usually for no more than 6 months in the country and USCIS generally takes about 2 to 3 weeks to process and send out a receipt. Subtract those days from his date to leave, and use that as your minimum safe timeline. Keep in mind that some forms may come with restrictions in travel and he may be stuck in one place for a while e.g. I-485s may take months to process and can be voided simply by leaving the country without getting special permission in advance.Note also: Messing up the timeline can mean he may have to return to the country of origin to maintain legal status and await a decision. That may literally be a separation of numerous months to several years. In some cases, visitor’s visa may be revoked or entry denied once you put in an immigrant petition for him.After you start the process, you may also have to file a myriad of other forms, including an affidavit of support, co-sponsor form, an immigrant visa application, an application for removal of conditions, unlawful presence waiver and so on, all of which come with their own fees. USCIS will usually direct you to what forms are next, once you have completed each stage of the application.The range of forms you may have to file will change depending on the specifics of your case and the complexity will vary based on a number of factors. The simplest of these are the number of years you have been married, your spouses immigration status, but may include any number of things that you have not reported in your very general question.My advice would be to seek the help of an immigration lawyer to navigate the process. It is something you could do by yourself. The process is tedious and requires attention to detail, but is manageable. However, under the latest Trump directive, immigration officers are now simply denying applications for minor errors or insufficient information. In the past, they used to request additional documentation before denying outright, but are no longer required to do so. That would mean an error would require you to resubmit an entirely new application (once allowed), and pay all the hundreds to thousands in cash again. It may even interrupt your spouses legal status and add years to the process.No petitions are guaranteed to be approved, so it is best to be thorough and careful and avoid even the appearance of impropriety. Best of luck to you both!Disclaimer: I am not even close to being an immigration lawyer. I just work with a diverse population and have helped clients navigate this process scores of times.
How can I take my child (16yrs) to the U.S if my immigrant visa is approved? My husband, a US citizen, filled out form I 130 for me and mentioned this child as migrating in future.
Just petition using a I-130 yourself. Read the instructions very carefully. I am not sure but it’s possible that the affidavit of support will need to be filled by your husband since he is the citizen and he filled one for you - again, check the instructions very carefully. It should be a pretty clear, straightforward process.Your child is still well below the age limit and should be fine. If there are any problems, do the same thing you did with your own process - use the numbers you are given to check on the process and if you see it stuck call to make sure they have everything they need early.It is my understanding that the age limit of the child is based on the petition date, so go ahead and do it.You still have plenty of time at 16, just don’t delay.
How do I go about getting my husband a spousal visa in the US? He is British and I am American. Also, where do I even go to start that process?
It’s a while since I went though this myself but the process doesn’t seem to have changed a lot in the intervening yearsAs you are US citizen you can file a petition to have your husband join you or accompany you if you are both outside the US.If you are in the USA and your husband is in the UK then you need to file from I–130 with CIS, you can download the form along with the instructions and some other forms here - Petition for Alien Relative. You need to fill out and mail the form to a Chicago address with the appropriate supporting documents and fees.If you are both in the UK you should file the forms and documents and fees with the CIS London field office (details are here: - United Kingdom - USCIS London Field Office).Either way the rest of the process is described here - Consular Processing. What happens now is a lot of waiting - the process from filing to issuing an immigrant visa seems to take somewhere between nine months and year.If you are both in the USA now - if he is visiting for example - then you need to file form I-485, which is an application for adjustment of status when you send in the I–130. There may still be quite a long wait before he is finally approved but he may be issued employment authorisation documents (EAD) while you are waiting, which will let him get a social security number and find work.From memory this process involved a trip to the local office about two months after filing for some preliminary processing and interview (which seemed simply to confirm that this was a genuine marriage and not one intended to get around immigration rules). After the interview I was issued the EAD and then about seven months later returned for a further slightly more detailed interview and the green card was issued after that trip. The interview doesn't need to be scary but is necessary - both officers that I dealt with were extremely professional and very pleasantNow my situation may not be fully representative, the fact of having lived with my wife in the UK for some years before coming to the US might have meant that the questioning about our marriage was less intrusive and intense than it might have been if we had only just got married, or if we had come from a community where there is perhaps a perceived history of sham marriages.
What are the steps to apply for a USA family-based green card? Just became a US citizen, I would like to apply for my 35-year-old son and 32-year-old daughter in law and 2 children age 11 and 16? How much fees and steps to apply for India resident?
Filling out immigration petition is an easy task for some if they spend time trying to understand the processes. In my past experience, the best source is visa journey dot com. Go to the sub-forums, you will most likely find the instructions in the sticky threads on top. Also, take a good look at http://uscis.gov/greencard web site. You will find all the details and forms there. All USCIS forms come with the instructions to help explain the items in the forms.In short, you will need to submit form I-130 to USCIS with all the required documents and fees. The current fee for form I-130 is $535. USCIS will send a letter to confirm your son's elligibility and a case number will be assigned in F3 category (for Married Sons and Daughters of U.S. Citizens). Keep this paper somewhere safe. If you move, notify USCIS your new address. It will be 12+ years before you hear from USCIS again. When you do, follow USCIS's instructions to complete other forms. His wife and kids will join him as follow to join beneficiaries.A few things to note: your son and daughter in law in their 50 in a new country, the kids will be over 21 years old which make them ineligible to join the same petition.Moving to another country is an important decision. Make sure you and your beneficiaries know and understand all the options.