A U.S. citizen or Green Card holder can sponsor his or her close family members for Lawful Permanent Residence. Immediate relatives are spouses of U.S. citizens, unmarried children of U.S. citizens and parents of U.S. citizens. There is no quota.

1. 1
Alternative Methodologies
for Marriage Cases
(Green Card Through
Marriage to a U.S. Citizen)
Presented by:
David H. Nachman, Esq., Michael Phulwani, Esq., Ludka Zimovcak, Esq. and
Rabindra K. Singh, Esq.

2. 2
Family Based Immigration
• A U.S. citizen or Green Card holder can sponsor his or her close family
members for Lawful Permanent Residence.
• Immediate relatives are spouses of U.S. citizens, unmarried children of
U.S. citizens and parents of U.S. citizens. There is no quota.
Spouses of U.S. citizens. (the fastest way to a Green Card.)
Minor children (under age 21) of U.S. citizens.
Parents of U.S. citizens (petitioner must be at least 21 years old).
Spouses of deceased U.S. citizens who were married at least two
years prior to their U.S. citizen spouse’s death and who file within
two years of the death anniversary of the spouse and while still
unmarried.
A child born after the issuance of an immediate relative visa, but
before the visa is used to apply for admission to the U.S.

3. 3
The Family Preference System
• The Family Preference (or quota) System allows (1) Adult
children and brothers and sisters of U.S. citizens; and (2)
Spouses and unmarried children of Green Card Holders into
the U.S.
First Preference. Unmarried adult children (21+ years) of
U.S. Citizens.
Second Preference (2A). Spouses and minor children of
Green Card holders.
Second Preference (2B). Unmarried adult children of Green
Card holders.
Third Preference. Married adult children of U.S. Citizens.
Fourth Preference. Brothers and Sisters of U.S. Citizens.

4. 4
Ways to Obtain a Green Card
Through Marriage To a U.S. Citizen
 K-3 Nonimmigrant Visa - Marriage to a U.S. Citizen
 K-1 Nonimmigrant Visa - Fiancé of a U.S. Citizen
 I-130 Petition, Marriage to U.S. Citizen and
Consular Processing
 I-130 Petition and Adjustment of Status (AOS) in
the U.S.

5. 5
K-3 Nonimmigrant Visa -
Marriage to a U.S. Citizen
 Case requires foreign national to be married to a
U.S. Citizen either in the U.S. or abroad.
 Marriage must be “bona fide” under laws of
jurisdiction where parties were married.
 Pending I-130 petition.
 No need to prepare a Affidavit of Support (I-864)
which requires U.S. Tax Returns.

6. 6
K-3 Nonimmigrant Visa
Application Requirements
• “Bona fide” marriage to a U.S. Citizen.
• Filing of Form I-129F, Petition for Alien
Fiancé to request K-3 status which is filed
with the National Benefit Center (NBC).
• NBC sends the K-3 to National Visa Center
(NVC) and K-3 is processed at the
Consulate.

7. 7
K-3 Nonimmigrant Visa Application
Processing, U.S. Consulate
 Nuances of Consular Processing at the U.S. Consulate:
Obtain required documents (i.e. passport, birth
certificate, evidence of relationship, forms, (2)
passport sized photos, etc.).
Schedule appointment for interview.
Bring required documents to scheduled appointment.

8. 8
K-1 Nonimmigrant Fiancé Visa
Requirements
 U.S. citizen must have physically been with the foreign national
within 1 year of filing. Proof can include:
Flight receipts
Hotel receipts
Photos
Affidavit
Other testimonial documents
 Consulate is lenient on demonstration about nonimmigrant
intent since they know that the Fiancé intends to immigrate to
the U.S.

9. 9
K-1 Nonimmigrant Fiancé Visa
Process and Procedure
 Form I-129F, Petition for Alien Fiancé filed by U.S. Citizen with
NBC (Chicago Lockbox – forwarded to NBC) in the U.S.
 Case is approved and the information is sent to the NVC in
New Hampshire.
 NVC sends the visa to the U.S. Consulate.
 Nuances of consular processing at the U.S. Consulate:
Obtain required documents (i.e. passport, birth certificate,
evidence of relationship, forms, (2) passport sized photos,
medical examination, etc.)
Schedule appointment for interview.
Bring required documents to scheduled appointment.

10. 10
I-130 Petition by U.S. Citizen for
Foreign National and Consular
Processing
 Requirements: Foreign National Marries
U.S. Citizen (can be either in the U.S. or
abroad).
 I-130 Petition to be filed and approved in U.S.
 Parties must demonstrate “bona fides” of the marital
relationship.
 Parties must file I-864, Affidavit of Support with NVC.

11. 11
I-130 Petition by U.S. Citizen for
Foreign National and Consular
Processing
 Process and Procedures:
 Form I-130 filed with request for Consular Processing with NBC. Processing
time varies from 3-6 months but could be more.
 Upon Form I-130 approval, notification is sent to NVC.
 NVC does the following: (1) makes sure there is a visa available; and (2)
makes sure the I-864 is completed and is accurate; and (3) sends Request
for DS-260 to the Applicants or Legal Counsel.
 DS-260 is prepared and submitted to the NVC so that the interview is
scheduled at the U.S. Consulate.
 Original documents are brought by Applicants to Consulate for the interview.

12. 12
Bona Fides of a Marital
Relationship
 The “bona fides” of the marital relationship is
the key element to the marriage case.
 Bona fide documents may include:
Photographs of husband/wife together;
Love letters with envelopes;
Joint tax returns;
Joint bank account statements;
Lease agreements/mortgage papers;
Utility bills addressed to husband/wife; etc.

13. 13
When I-130 and AOS filed
Simultaneously in U.S.
Approximate timeline with USCIS:
• Within 1 week of Filing - Receipt Notices are sent to Petitioner
and to the Applicant.
• Within 2 - 3 weeks - Appointment Notice for the
Biometrics/Fingerprints sent to Applicant.
• Within 60 - 90 days- Approval Notice for Employment
Authorization Document (EAD) and Travel Document (TD) sent
to Applicant.
EAD and TD are Valid for 1 year, allowing WORK and
TRAVEL while the AOS is pending (Combo Card).

14. 14
When I-130 and AOS filed
Simultaneously in U.S.
 Within 5 - 6 months - AOS Interview Notice sent to Applicant.
 After the AOS Interview - Applicant should receive a temporary
stamp, I-551 valid for one year until physical Green Card is sent
by the CIS in the mail.
Green Card should be valid for two years if married for less
then 2 years on the date of the interview. Then need to do
an I-751 90 days before the two year Anniversary.
If you have been married for more then 2 years on the date
of the AOS interview then the green card should be valid for
10 years; no need to file Form I-751.

15. 15
Questions?
Please feel free to contact our office if you
should have any additional questions:
info@visaserve.com
201-670-0006 ext. 107
http://www.visaserve.com
Thank you.