Ask a Lawyer -- Immigration
Question 31

Procedurally, the process works like this. The U.S. citizen must submit a visa petition (form I-130) to the National Benefits Center in Chicago to prove that the marriage is bona fide, that is, entered into for love rather than simply for the foreign-born spouse to obtain a green card. Attached to the visa petition are the following items: (1) Biographical forms (forms G-325A) for both the husband and the wife with photos attached; (2) Proof of the citizenship status of the petitioner. This can take the form of a U.S. Passport, a Certificate of Naturalization or Citizenship or a certified copy of the citizen's birth certificate; (3) A certified copy of the marriage certificate; (4) Certified copies of the documents that terminated any previous marriages of the husband or wife, including final divorce decrees, and certificates of annulment or death.

Simultaneously, the foreign-born spouse, assuming he or she entered the U.S. lawfully, should submit an application for adjustment of status (form I-485) which is an application for a green card. Items which generally accompany form I-485 include green card photographs, an affidavit of support from the spouse, an application for employment authorization, an application for a travel permit (known in USCIS jargon as "advanced parole") - assuming the non-citizen spouse has not be present in the U.S. unlawfully for 180 days or more - and numerous other USCIS forms. * * *

The USCIS will accept the applications, cash your check, and schedule an interview somewhere between six months and 12 months. If the wait for the interview exceeds 90 days, chances are that the work card and the travel permit will be issued. We list the USCIS waiting times for all 60+ District Offices.

Note: Joe Raymond is an attorney but not a specialist in the area of immigration law.