Could I Apply for Green Card for My Wife and Son as Relatives of U.S. Permanent Resident?

Could I Apply for Green Card for My Wife and Son as Relatives of U.S. Permanent Resident? Question: I just received my Green Card in U.S. My wife and son are still in her home country. Could I to apply for Green Card for my wife and son as relatives of U.S. Permanent Resident? Answer: The spouse U.S. Permanent Resident Green Card category enables lawful permanent residents of the United States to sponsor their foreign spouses to live and work in the U.S. on a permanent basis. In addition, the unmarried children under 21 years of age of the spouse, and the unmarried children of the U.S. lawful permanent resident may apply for U.S. permanent residence as well. The spouse or child of US Permanent Resident Green Card category can be applied for from either inside or outside the United States. If in the U.S., the spouse must have made a legal entry to the United States and have maintained legal status. If outside the U.S., the spouse may not enter the U.S. until the visa is granted. http://www.greencardfamily.com/question/question2017/Permanent_Resident_Green_Card_091017.htm http://www.greencardfamily.com

I Want to Know How Could My Marriage Impact the I-485 Process?

I Want to Know How Could My Marriage Impact the I-485 Process? Question: My employment based I-140 has been approved, thank you very much for your great help and service! Now I plan to marry soon in my home country, and I want to file I-485 soon also. I want to know how could my marriage impact the I-485 process? and how could my wife join the I-485 application after the marriage? Answer: For your wife to join the I-485 application after the marriage, the marriage can be planned to coordinate with the immigration process. By doing so, your spouse becomes eligible for derivative immigration benefits. You do not want to receive the I-485 approval prior to the planned weddings, which will create an enormous problem. Generally, you should get married before your I-485 is approved. You should consider marrying either before the I-485 is filed, or before you are fingerprinted. The case cannot be approved without fingerprinting. http://www.greencardfamily.com/question/question2017/Marriage_Impact_I485_Process_091117.htm http://www.greencardfamily.com

How to Upgrade Form I-130 Petition After Becoming U.S. Citizen?

How to Upgrade Form I-130 Petition After Becoming U.S. Citizen? Question: I was a U.S. permanent resident when I filed the Form I-130 for my wife and children. Now I am U.S. citizen, how to upgrade my Form I-130 petition for my wife and children after becoming U.S. citizen? Answer: If you are now a U.S. citizen, you must file separate immigrant visa petitions (Form I-130) for each of your children. If you upgrade a family second preference (F2) petition for your spouse and you did not file separate petitions for your children when you were a lawful permanent resident (LPR), you must do so now. A U.S. citizen's child does not receive derivative status in an immediate relative petition. This is different from the family second preference (F2) petition where a child is included in his or her parent's F2 petition. Children born abroad after you became a U.S. citizen may qualify for U.S. citizenship. They should apply for U.S. passports. The consular officer will determine whether your child is a U.S. citizen and can have a passport. If the consular officer determines your child is not U.S. citizen, the child must apply for an immigrant visa if he/she wants to live in the U.S. http://www.greencardfamily.com/question/question2017/Upgrade_Form_I130_Petition_101617.htm http://www.greencardfamily.com

How to Upgrade Form I-130 Petition After Becoming U.S. Citizen?

How to Upgrade Form I-130 Petition After Becoming U.S. Citizen? Question: I was a U.S. permanent resident when I filed the Form I-130 for my wife and children. Now I am U.S. citizen, how to upgrade my Form I-130 petition for my wife and children after becoming U.S. citizen? Answer: If you are now a U.S. citizen, you must file separate immigrant visa petitions (Form I-130) for each of your children. If you upgrade a family second preference (F2) petition for your spouse and you did not file separate petitions for your children when you were a lawful permanent resident (LPR), you must do so now. A U.S. citizen's child does not receive derivative status in an immediate relative petition. This is different from the family second preference (F2) petition where a child is included in his or her parent's F2 petition. Children born abroad after you became a U.S. citizen may qualify for U.S. citizenship. They should apply for U.S. passports. The consular officer will determine whether your child is a U.S. citizen and can have a passport. If the consular officer determines your child is not U.S. citizen, the child must apply for an immigrant visa if he/she wants to live in the U.S. http://www.greencardfamily.com/question/question2017/Upgrade_Form_I130_Petition_101617.htm http://www.greencardfamily.com

How to Prove Our Marriage Is Real or "Bona Fide"?

How to Prove Our Marriage Is Real or "Bona Fide"? Question: As a U.S. citizen's wife, how to prepare documents to prove our marriage is real, for an USCIS interview? Answer: To obtain a U.S. Lawful Permanent Residence (Green Card) based on marriage, you will have to prove that the marriage is real or "bona fide". This means a marriage in which the two people intend, from the start, to establish a life together as husband and wife. An important step to prove the marriage is real or "bona fide" is joining your lives together. You should not wait until the last minute to look for ways that you can prove that you are really married, or that you live together, or that you trust each other enough to share financial and other personal matters. Also, you should take steps to prepare for a future together. For example, a U.S. citizen in a sham marriage might not remember to add his or her new spouse as a beneficiary to a company sponsored life insurance policy, while someone in a real marriage would or at least should. Thus, Some important steps to prove the marriage is real or "bona fide" might include: • make your spouse a beneficiary on your retirement account or other accounts that require or allow a payout to a beneficiary upon the holder’s death; • make sure that both spouses are covered under your health insurance policy, if the other spouse doesn't have his or her own insurance; • if you live together, add your spouse to your house deed, mortgage, or apartment lease; • if you live together, add your spouse’s name to your garbage, utility, cable, and other bills; • take out a joint credit card; • open a joint bank account; • file joint tax returns; • join a gym or club together; • buy a car or other major asset together. http://www.greencardfamily.com/question/question2017/Real_Marriage_112517.htm http://www.greencardfamily.com

The Difference between O-1 Visa and EB1-Extraordinary Ability Application

The Difference between O-1 Visa and EB1-Extraordinary Ability Application Hi William, What is difference between O-1 visa and EB1-Extraordinary Ability application? and what is difference between O-1 and other employment related nonimmigrant status, such as H-1B? Answer, The requirements for O-1 visa or status are similar to those for the EB1-EA, Alien of Extraordinary Ability, employment based permanent residence category. The difference is that the O-1 visa/status applies to those aliens seeking a non-immigrant status, while the EB1-EA standard is for those seeking permanent immigrant status. The O-1 visa/status is distinguished from other employment related statuses in that it applies to more types of work than other areas. For instance, H-1B status is limited to foreign professionals with at least a bachelor's degree for a specialty occupation, which cannot apply to alien artists, athletes or entertainers without such educational background. However, such as artists, athletes or entertainers can apply for O-1 visa/status. Moreover, the requirements of O-1 are much higher than that of H-1B. Also, O-1 visa/status could be obtained by those in H-1B status who have exhausted the full-authorized stay of 6 years. http://www.greencardapply.com/question/question17/O1_Visa_Extraordinary_Ability_090317.htm http://www.greencardapply.com

Can I Change to a Similar Job but with Different SOC Code and Higher Wage?

Can I Change to a Similar Job but with Different SOC Code and Higher Wage? Hi William, My form I-140 application has been approved and my form I-485 application is pending for more than 4 months. By using AC21 portability rule, can I change to a similar job but with different SOC code and higher wage? Answer, The job positions falling within identical SOC codes are generally considered as qualifying for AC21 portability. The same is true for positions within the same SOC broad occupational code, with first five digits match. The career progression to positions in different SOC codes can be acceptable for AC21 portability also. The AC21 qualification includes job progression to the management of functions, or positions that are the same or similar to the original sponsored employment. The AC21 same or similar requirement can also be met by positions in different SOC codes, even without career progression. If the evidence shows that the jobs share essential qualities or resemble each other, there is potential AC21 portability. This general recognition allows for variations in SOC codes that reflect different industries, but where the jobs are quite similar in duties, skills, requirements, and other factors. Wage differences are not determinative. Wage differences are to be reviewed in light of geography, inflation, promotion, employer size, industry, and other relevant factors. http://www.greencardapply.com/question/question17/AC21_Portability_Rule_090417.htm http://www.greencardapply.com