What can I do to get a green card? 9 Answers as of January 07, 2011

I wanted to know if I am a US citizen and I married my husband overseas. We have been married for 1 month what is the process to get my husband to the US. Would I have to travel back to his country to do the interview or does the Interview takes place in the US. My husband is partially a citizen he was adopted when he was 16 years old in Texas and received a Texas birth certificate, the adoption was granted but not for immigration purposes in 1997. What should I Do?

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
This is an area that is very complex. If your husband was adopted before his 16th birthday, then he can be registered as a U.S. citizen. If the adoption is after the 16th birthday, then he has temporary protected status, but his parents needed to petition for him to obtain legal residency status. If that is not possible, then we would need to work on his immigration status through you. You can file for him to obtain a K-3 marriage visa, that would allow him to come to the states through consular processing. It will take 6-9 months, and does not require that you travel there. If you want to consult with me on how that would be done, then by all means call me or e-mail me to set up a phone or in-person consultation. Best to you.
Answer Applies to: California
Replied: 1/7/2011
William C. Gosnell, Attorney at Law
William C. Gosnell, Attorney at Law | William C. Gosnell
Apply for a visa for him by filing an I-130. Then after two years of marriage, and it cannot be a sham marriage, then he can get a green card.
Answer Applies to: Tennessee
Replied: 12/27/2010
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
You may sponsor him without returning abroad. It is a two step process. 1st step shows the relationship and second step he applies for his immigrant visa. The consulate will want to be assured it is a good faith marriage. We would be happy to help you through the process. Contact my office and we can advise on documentation needed, fees, timing, etc.
Answer Applies to: California
Replied: 12/22/2010
Calderón Seguin PLC
Calderón Seguin PLC | Ofelia L. Calderon
You need to file a petition on his behalf which will be forwarded to the Embassy in the country where he lives. An interview will take place at the Embassy before they issue an immigrant visa. As for the "partial citizenship", this is a more complicated question which requires a look at
the adoption documents.
Answer Applies to: Virginia
Replied: 12/22/2010
Law Office of Christine Troy
Law Office of Christine Troy | Christine Troy
That is an interesting question. If your husband is a US citizen, we would need to see all adoption paperwork, establish when he lived with the step parent and for how long and then we apply for status confirmation with the Department of State or DHS. If he is not a USC, you can sponsor him for consular processing of the green card. You do not need to be at the interview abroad.

I am happy to discuss this issue in detail. This normally takes about one hour and my fee is $150.

If hired for the case, included in my representation is fully analysis of your case throughout the process, drafting all legal forms, providing a detailed document list for you, preparing/submitting/tracking your application once accepted by DHS/DOS, answering any questions you may have during the process, working to clear out any delays which might occur and then conducting a detailed interview preparation prior to your interview (if your case has an interview).

If you would like to set up a phone consult, please let me know.
Answer Applies to: California
Replied: 12/22/2010
    Law Office of Immigration & International Trade Law
    Law Office of Immigration & International Trade Law | Linda Liang
    If your husband was adopted with birth certificate. He should have been a citizen already. He could get a citizenship certificate.
    Answer Applies to: Florida
    Replied: 12/22/2010
    441 Legal Group, Inc.
    441 Legal Group, Inc. | Gareth H. Bullock
    File relative petition for him.
    Answer Applies to: Florida
    Replied: 12/22/2010
    Law Office of Baoqin Wang
    Law Office of Baoqin Wang | Baoqin Wang
    Whether your husband is a US citizen needs further evaluation of the adoption papers as well as other immigration papers he may have.

    Assuming he is not a US citizen, then you need to file the application with USCIS. After USCIS approval, the case will be transferred to National Visa Center then to your husband's home country for visa interview. You do not need to personally appear for the interview. You just need to provide the necessary paperwork. The whole process is complicated, you may need an attorney's help to have a smooth immigration process.
    Answer Applies to: Oregon
    Replied: 12/21/2010
    Nicastro Piscopo, APLC
    Nicastro Piscopo, APLC | Louis M. Piscopo
    You need to file an I-130 petition on behalf of your husband. You may also consider filing for a K3 visa after the I-130 petition has been filed. In many cases a K3 visa can be issued quicker than an immigrant visa based on the I-130 petition. You do not need to be travel to his country for the interview. Your husband will be interviewed at the U.S. consulate in his country after the I-130 petition is approved or as part of the K3 visa process.

    Regarding your husband's adoption in Texas, and whether he may be a U.S. citizen, this needs to be reviewed and analyzed by an attorney. Also, this may create issues that need to be addressed at this interview for his immigrant or K3 visa.
    Answer Applies to: California
    Replied: 12/21/2010
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