| Prior to filing a petition on behalf of your foreign national | | | | subsidiary applications for employment authorization |
| spouse, it is important to understand the US | | | | and/or advance parole. |
| immigration law as it applies to family-based | | | | Conditional Residence |
| permanent residence in general and permanent | | | | If you have been married less than two years when |
| residence for spouses of US citizens in particular. A | | | | your spouse receives lawful permanent resident |
| qualified US green card attorney from an established | | | | status, your spouse will receive permanent resident |
| immigration law firm can help. | | | | status on a conditional basis. This means that you and |
| Definition of a Spouse | | | | your spouse must affirmatively apply together to |
| Prior to filing any documents, it is important to | | | | remove the conditions on residence or your |
| understand meaning of the term “spouse” as it | | | | spouse’s permanent residence status will expire. It |
| is defined in U.S. immigration law. “Spouse” is | | | | is important to remember that you must apply to |
| defined as a lawful husband or wife. Thus, in order to | | | | remove conditional status within 90 days before the |
| successfully petition for green card or immigrant visa | | | | 2-year anniversary of the award date of your |
| for a spouse, the relationship with your spouse must | | | | spouse’s conditional legal permanent resident |
| be established and your spouse must be admissible to | | | | status. If you fail to file during this time, your spouse will |
| the United States under the immigration laws. | | | | be considered out of status as of the 2-year |
| Overview of Immigration Process | | | | anniversary, and may be subject to removal from the |
| A legal immigrant (or “lawful permanent | | | | U.S. |
| resident”) is a foreign national who has been | | | | A qualified green card attorney from an established |
| granted the privilege of living and working permanently | | | | US immigration law firm can help at this stage of the |
| in the United States. There is a multi-step process that | | | | process by ensuring that the application for removal of |
| a spouse of a US citizen must go through before | | | | conditions is completed and filed correctly with all |
| acquiring a US green card: | | | | required evidence supporting documentation. |
| 1. The US Citizenship and Immigration Service must first | | | | The K-3 Spouse Visa – A Green Card Attorney |
| approve an immediate relative petition filed by the US | | | | Can Help |
| citizen spouse on behalf of the foreign national spouse; | | | | Foreign national spouses living abroad who are the |
| 2. Next, If your spouse is outside the United States | | | | beneficiaries of a filed I-130 immediate relative petition |
| when your visa petition is approved and when an | | | | are also eligible to apply for a nonimmigrant K-3 Visa. |
| immigrant visa number (if required) becomes available, | | | | This will entitle him or her to come to the U.S. to live |
| your spouse must apply for an immigrant visa at a U.S. | | | | and work while the I-130 petition is pending and may be |
| Embassy abroad; | | | | an important factor in getting the foreign national |
| 3. If your spouse is legally within the U.S. when | | | | spouse to the U.S. in the shortest timeframe possible. |
| immediate relative petition is approved and when an | | | | However, it is not necessary for your spouse to obtain |
| immigrant visa number (if required) becomes available, | | | | a K-3 visa in order to come to the U.S. to live and |
| he or she may use the Form I-485 to apply to adjust | | | | work. Your spouse may wait abroad for immigrant |
| his or her status to that of a lawful permanent resident. | | | | visa processing. |
| A qualified green card attorney from an established | | | | A qualified green card attorney from an established |
| US immigration law firm can help at each stage of the | | | | US immigration law firm can also be of great |
| process by ensuring that the petition and the immigrant | | | | assistance at the K3 visa stage by ensuring that the |
| visa application are properly prepared and filed. Your | | | | K3 visa petition and application are completed and filed |
| green card attorney can also be invaluable in preparing | | | | correctly with all required evidence supporting |
| the Adjustment of Status application as well as any | | | | documentation. |