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Green Card by Marriage to a U.S. Citizen - Frequently Asked Questions:
Q: I am a US Citizen living outside the U.S. with my foreign national spouse. How can I apply for her green card?
A: If both and your Foreign National Spouse are outside the U.S., you may apply through Consular Processing at an American Consulate (or Embassy) abroad. Click here for the list of American Embassies.
Q: I am in the U.S. and my Foreign National Spouse is outside the U.S., how do we apply for her permanent residence?
A: You may apply for the K-3 Visa (so your Foreign National Spouse may come the U.S.) then file the I-485 Adjustment of Status petition with USCIS (for your Foreign National Spouse's Permanent Residence Green Card).
Q: How long does it take for the Work Permit to be issued after we file the petition with USCIS?
A: The Work Permit is usually issued 90 days after the petition is filed with USCIS.
Q: What is Advance Parole?
A: Advance Parole is the re-entry permit that you must apply for if you wish to re-enter the U.S. after foreign travel while you are waiting for your Green Card. If you do not have the Advance Parole re-entry permit and you leave the U.S., you may be denied re-entry.
Note: If you are on an H-1B or L-1 Visa, you do not need the Advance Parole Re-entry permit. You may re-enter the U.S. on your H-1B or L-1 Visa, provided you are still in valid H-1B or L-1 status.
Q: When and how do I get my Social Security Card?
A: After your Work Permit is issued, you may apply for your Social Security Card at any Social Security Office. You will want to take your passport and Work Permit with you as identification. You fill out the application in the Social Security Office and they will mail you the Social Security Card about 2 weeks later.
Q: How long does it take for the Interview to be scheduled?
A: Currently between 6 to 9 months after the initial filing.
Q: What happens if my Work Permit and / or Advance Parole expire before I receive my Green Card?
A: You are allowed to file for a renewal of your Work Permit and Advance Parole until your Green Card is issued.
Q: I just got married to us citizen, and plan to apply for a work permit. My current visa is H1B. (I am planning to change job as soon as I get a work permit) Does my current visa affect issue of work permit?
A: No, the fact that you have an H-1B Visa does not affect the issuance of your EAD Work Permit. Please note that you will also want to apply for Advance Parole (USCIS Form I-131) if you wish to travel overseas while waiting for the Green Card.
If you have a general Green Card by Marriage question, please use the form below. We will do our best to answer it for you.
Please check back to this page for answers.
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