There are two different ways to apply for a foreign spouse’s Green Card. Option #1 is used when the foreign spouse is already in the USA. Option #2 is used when the foreign spouse lives outside the USA.
Option #1 – Adjustment of Status for Foreign Spouse Lives in USA
When the foreign spouse already lives in the USA, the Green Card application process is done entirely inside the USA. The legal name for this process is Adjustment of Status. The Green Card process for a spouse who is not a US Citizen and currently lives in the United States is as follows:
Step 1: Document Checklist
First our Immigration Lawyer will explain what documents will be needed to apply for your Green Card. Then we will provide you an easy to understand document checklist of what will be needed. Th Green Card document checklist is the most important part of the application because it lays out exactly what will be needed from you to apply for the Green Card.
Step 2: Prepare Green Card Application
Once you and your spouse have provided the Immigration Attorney with the required documents, the Immigration Attorney will prepare and submit your Green Card application to the US Government (USCIS).
Step 3: Work and Travel Permit
Once your spouse’s Green Card application has been submitted, your spouse is eligible to receive a work and travel permit. With this permit, your spouse can get a Social Security Number and work legally in the USA while the Green Card application is pending. After the work and travel permit is issued, then we wait for USCIS to schedule an interview appointment for both spouses.
Step 4: Green Card Interview for Same Sex Spouse
The last step of the process is the Green Card interview. The purpose of this interview is for a US Government Officer the Green Card application prepared by our Immigration Lawyers and to confirm that you and your same sex spouse are really are married with the intention of living as a family. This interview is done inside the USA at a US Government (USCIS) office. Under the law, Green Card interviews for same sex spouses should be carried out in the same way as for opposite sex spouses. Nevertheless, prior to your appointment, one of our immigration attorneys will prepare you and your spouse for the Green Card interview. The Green Card is approved at the interview when the USCIS officer determines that your application complies with the law and that your marriage is bonafide.
Option #2 – Apply at US Embassy when foreign spouse lives outside the USA
When the foreign spouse lives outside the USA, the Green Card process includes 2 separate applications. Application #1 is filed inside the USA. Application #2 is filed outside the USA, at the US Embassy in the country where the foreign spouse lives. The legal name for this process is Consular Processing. The Green Card application process when the foreign spouse lives outside the USA is as follows:
Step 1: Document Checklist
Once you hire our firm, our Immigration Lawyer will provide you with a very specific checklist of the documents needed to prepare the foreign spouse’s Green Card application. This checklist is the most important part of the application, because it lays out exactly what will be needed by our immigration attorneys to apply for your Green Card.
Step 2: Prepare and Submit Application # 1
Once you and your spouse have provided our office with the required documents, the Immigration Lawyer will prepare and submit Application #1. Then we wait for an approval of Application #1 before moving forward.
Step 3: Prepare and Submit Application #2
Once Application #1 is approved, we start Application #2. Our Immigration Lawyer will prepare and submit Application #2 to the National Visa Center, an office of the US Embassy. Then, we wait for the US Embassy to schedule an interview appointment for the foreign spouse. This interview will be held at the US Embassy in the country where the foreign spouse lives. The US Citizen spouse is not required to attend the interview at the US Embassy.
Step 4: Green Card Interview at US Embassy
Application #2 ends with a Green Card interview for the foreign spouse. The purpose of this interview is for a US Government Officer to determine that the application is complete and to confirm that the foreign spouse and the US Citizen spouse are really married with the intention of living as a family. The interview is performed at the US Embassy, outside the USA, in the country where the foreign spouse lives. Under the law, same sex Green Card interviews should be the same as opposite sex green card interviews. Nevertheless, our immigration attorney will prepare the foreign spouse for the Green Card interview so that things goes smoothly. When the officer confirms that the spouse is eligible for the green card, the Green card is approved.
