Application for immigration green card of American spouse

As we all know, it is not necessary for American citizens to apply for immigration for foreign spouses or their unmarried children under 2 1 year old. What about green card holders? Today, we will talk about the steps, schedule and V visa for permanent residents to apply for immigration to the United States for their foreign spouses. Then we will look at how American citizens apply for reunion for foreign spouses. Simply put, it is the difference between whether there is a schedule and whether it is legal to stay. For citizens, these are not important, but if they are green card holders, their spouses can't stay illegally, so they should be scheduled.

I. Steps for green card holders to apply for immigration for foreign spouses

When applying for immigration for foreign spouses, American green card holders must go through the following steps to make their foreign spouses live and work legally in the United States.

1. Applicants must apply for relative immigration for their foreign spouses, that is, submit I- 130 (Application for Foreign Relatives) application for relative immigration to the Immigration Bureau. After the relative's application for immigration is approved, the Immigration Bureau will give the foreign spouse a priority date.

2. Waiting schedule. The immigration schedule of spouses of permanent residents in the United States belongs to the category of relative immigration schedule 2A, and the State Council publishes the immigration schedule every month. If you apply before the scheduled date, if the foreign spouse is in the United States, you can adjust your status directly through I-485. If he is not in the United States, his foreign spouse will be informed to go to the local American embassy or consulate to complete the necessary procedures for immigrant visa.

Second, the scheduling problem-waiting time and reunion method

Due to the scheduling constraints, the current waiting time is about 3 years, with 4-5 years. If a foreign spouse wants to wait for a green card in the United States, he/she must always maintain his/her legal non-immigrant status while waiting for the green card, otherwise he/she will not be able to apply for adjusting his/her status in the United States at the scheduled time. Legal status includes student visa (F does not allow immigration tendency) and work visa (H visa allows immigration tendency). Sometimes applying for a non-immigrant visa may be in danger of being refused.

Due to the serious backlog of relatives' immigration visas during the trial, in order to enable the foreign spouses of green card holders to come to the United States to reunite with their families while waiting for the immigration schedule, on February 65438+2 1, 2000, former US President Bill Clinton signed the Legal Immigration and Family Equality Act (LIFE), adding "V" visas for overseas spouses of permanent residents and underage unmarried children. The spouses of permanent residents married overseas and their underage unmarried children are allowed to enter the United States while waiting for a green card, and they are allowed to apply for a work permit in the United States until they obtain legal status.

Three. Applicable conditions of v visa

The V visa mentioned above does not apply to the foreign spouse of every permanent resident. Only those who meet the following conditions can apply for a new V visa:

1. The application for relative immigration was before the passage of this life bill: that is to say, on February 26, 2000 or before, the green card holder had applied for relative immigration for his spouse or unmarried children, and anyone could apply in the United States or abroad. The guide to immigration to the United States is original, please indicate the source.

2. The waiting period for immigration has exceeded 3 years: this immigration application must have been submitted to the Immigration Bureau for at least 3 years and is waiting for the Immigration Bureau to hear it, or the spouse and minor children of the green card holder have been waiting for the green card for more than 3 years. That is to say, permanent residents applied for immigration for their foreign spouses on June 5438+February 2 1 2000. If they waited for more than three years on February 2 1 2003 and the immigration office has not yet heard or scheduled it, they can apply for a V visa for their foreign spouses to reunite with the United States.

Appendix: American citizens apply for immigration for their foreign spouses

Spouses of American citizens have no schedule restrictions. There are different application procedures depending on whether the spouse is in the United States or overseas.

1. Foreign spouses in the United States:

1) One-step application: citizens and their foreign spouses can apply for immigration and status adjustment at the same time. Citizens need to apply for immigration for their spouses on the I- 130 form. This foreign spouse needs to apply for adjustment of identity in the United States with the I-485 form, and at the same time apply for a work card (I-765 form) and early parole. This application is called "one-step application".

Although the immigration law allows spouses of American citizens who overstay in the United States to adjust their status and obtain a green card in the United States, they do not need to go back to their home countries to apply for immigration visas. However, it should be noted that if you have overstayed at the time of application, it is best not to apply for leave to go abroad. Because it is possible that the Immigration Bureau will not allow the applicant to enter the United States for 3 years or 10 years according to Article 222(g) at the time of entry. Spouses with green cards are not so preferential. If the spouses of green cards want to adjust their status in the United States, they must maintain their valid non-immigrant status and wait for the timetable. After the scheduled arrival, they can apply for I-485 status adjustment. If a foreign spouse holding a green card cannot maintain his legal status, he needs to go back to China to apply for an immigrant visa, but he cannot adjust his status in the United States.

2) Interview: After receiving the application, the Immigration Bureau will arrange an interview for citizens and their spouses. If they have been married for two years when the interview is approved, the green card obtained is a permanent green card; If they have been married for less than two years when the interview is approved, the green card obtained is a conditional green card.

3) Remove restrictions on conditional green cards: Foreign spouses who have obtained conditional green cards have the same rights, obligations and legal protection as those who have obtained permanent green cards. Only the spouse of an American citizen whose status is restricted must apply to cancel the restriction within 90 days before the second anniversary of obtaining this green card in order to obtain formal permanent resident status.

If the foreign spouse does not apply for lifting the restriction within the second anniversary, the conditional green card will automatically expire on the second anniversary when the foreign spouse obtains the green card, and the foreign spouse will be regarded as overstaying. Therefore, keep in mind that the second anniversary of obtaining a conditional green card is very important for maintaining legal status.

2. Foreign spouses abroad:

American citizens must apply for relative immigration for their foreign spouses. After the relative's immigration application is approved, the Immigration Bureau will forward the information to the National Visa Center, which will send the information to the consulate of the foreign spouse's country. Foreign spouses will get an immigrant visa to come to the United States after an interview at the consulate. When a foreign spouse arrives in the United States, the immigration officer will stamp a green card on his passport, which will be a proof before the green card is made.

3. K-3 visa for foreign spouses of American citizens

Due to the serious backlog of relatives' immigration visas during the trial, in order to enable citizens' foreign spouses to come to the United States to reunite with their families as soon as possible, former US President Bill Clinton signed the Legal Immigration and Family Equality Act (LIFE), which also increased the "K" visas for citizens' overseas spouses and underage unmarried children. Like the current "K" visa holders, these "K" visa holders can also apply for work permits until they obtain legal status.

The current K- 1 visa is aimed at overseas unmarried couples of citizens, and the mentioned K-3 visa is an extension of the current "K" visa. In addition to overseas unmarried couples of citizens, overseas spouses and minor children of citizens can also apply for "K" visas. As long as American citizens apply for immigrant visas for their overseas spouses or minor children, they can apply for another "K" visa to come to the United States and wait for visa approval in the United States. However, those who apply for a "K" visa must be issued by overseas American consulates outside the United States, and those who apply for a change of status in the United States are not eligible to apply for a "K" visa. This "K" visa is applicable to current and future applicants, and there is no time limit.