To apply for an immigrant visa for your child over 21 years old who resides outside the U.S., you must be either a U.S. citizen or a lawful permanent resident. If you are a U.S. citizen, you can apply for your children over 21, including married and unmarried children. If you are a lawful permanent resident (green card holder), you can apply for your unmarried children over 21.
With the I-601A provisional waiver, you will not have to depart the U.S. while your application is pending. If your I-601A is approved, you will be able to leave the U.S. and attend an immigrant visa interview abroad. At that stage, you will have peace of mind knowing that you have the approved waiver in your hands, and you will be able to return to the U.S. to be reunited with your family soon.
If you are outside of the United States, you may apply at a U.S. consulate abroad for an immigrant visa in order to come to the United States and be admitted as a permanent resident. This process is called consular processing. If you are already inside the United States and you entered the U.S. legally (with a visa), you might be able to apply for permanent resident status without having to return to your home country to complete processing. This process is called adjustment of status.
Form I-601 and I-601A have a different process and requirements. You can only file a Form I-601A waiver if you are inadmissible because you have incurred the 3-year or 10-year bar. You can file a Form I-601 waiver if you are subject to other bars.
Whether you apply for a K1 fiancé(e) visa or a spousal visa mostly depends on the U.S. petitioner’s immigration status and whether you are married. Only a U.S. citizen’s fiancé(e) can apply for a K-1 fiancé(e) visa; a lawful permanent resident’s fiancé(e) cannot apply for a K-1 visa. If you have seen each other in person in the last two years but are not able to get married in the near future, you might want to apply for a K-1 fiancé(e) visa so your fiancé(e) can come to the U.S. sooner. If you are already married, you can apply for a spousal visa.
USCIS considers all expedite requests on a case-by-case basis. USCIS may require additional documentation to support such requests and has the sole discretion to decide whether to accommodate a request. Unfortunately, the need to obtain employment authorization by itself, without evidence of other compelling factors, does not warrant expedited treatment.
With the I-601A provisional waiver, you can rest assured that you will not have to depart the U.S. while your application is pending. If your I-601A is approved, you will be able to leave the U.S. and attend an immigrant visa interview abroad. At that stage, you will have peace of mind knowing that you have the approved waiver in your hands, and you will be able to return to the U.S. to be reunited with your family soon.
Letters from friends and family members attesting to the genuineness of your marriage can help your green card application. When USCIS receives a marriage green card application, one of USCIS’s primary goals is to determine which applications are fraudulent and which are genuine. People who enter into fake marriages solely for the purpose of obtaining a green card usually do not want to tell their friends and family that they are married.
If you leave the U.S. while your Form I-485 application to adjust status is pending and before you received an advance parole document, you will be deemed to have abandoned your Form I-485 application. You cannot simply return to the U.S. However, USCIS can still continue to process your Form I-130. You can use the consular processing procedure to receive an immigrant visa outside the U.S. After USCIS approves your Form I-130, you must file Form I-824 to transfer your immigration application to the National Visa Center.
When a U.S. citizen or lawful permanent resident submits a petition to apply for a foreign family member, the petitioner must demonstrate that he/she has sufficient financial support to support the family member’s living expenses in the U.S. The purpose of this rule is to ensure the foreign family member will not become a public charge in the U.S. The petitioner must submit a complete tax return for the most recent year. The petitioner can provide the most recent three years’ of tax returns, but only the most recent year’s tax return is required.
If USCIS discovers that you have entered into a marriage for the purpose of evading immigration laws, you may face numerous consequences, including imprisonment and monetary fines. You will also be barred from submitting other immigration applications in the future.
When you apply for a marriage green card, you must ensure that you have submitted the correct forms, the required evidence, and the correct filing fee. However, if you make a mistake in your application, the U.S. Citizenship and Immigration Services (USCIS) will almost always give you at least one opportunity to correct the error.
If you want to file a joint but your spouse is neither a U.S. citizen nor a U.S. tax resident, you must have either a Social Security number (SSN) or an Individual Taxpayer Identification Number (ITIN). You do not need to have legal immigration status to obtain an ITIN.
Getting divorced from your abuser will not affect your VAWA application. However, if you get married before your VAWA application is approved, USCIS will deny your VAWA application. Even if USCIS does not discover your new marriage until after USCIS approves your VAWA application, USCIS will revoke the approval of your application.
If you already have a pending Form I-130 application, you can still file a VAWA petition. You do not have to withdraw your Form I-130 application before you can apply for VAWA. If your Form I-130 application was filed by your abuser, you can transfer the priority date of your Form I-130 to your Form I-360 VAWA application.