VISA I-130
SPOUSAL GREEN CARD
Definition
U.S. citizens and U.S. green card holders are eligible to petition their Vietnamese spouses for a green card also known as Lawful Permanent Residence (“LPR”) with the United States Citizenship and Immigration Services (“USCIS.”).
Process and Criteria
U.S. citizen legally married to a Vietnamese citizen.
General Supporting Documentation (certified translations required for all documentation not in English.)
1. Proof of U.S. citizenship from the petitioning spouse (i.e. U.S. passport or birth certificate.)
2. Vietnamese spouse’s passport, birth certificate and identity card.
3. Copies of previous terminated marriages through divorce, annulment or death from both spouses (if applicable.)
4. Marriage certificate.
5. Birth certificates and passports of children (if applicable.)
6. Vietnamese Household Registration Book
7. Photographs and other evidence to show an ongoing relationship.
Consulate Interview
1. Prior to the interview, Vietnamese spouse will be required to undergo a medical evaluation.
2. Interviewing consular officer will assess the relationship and in order to determine whether it’s bona-fide and review original copies of documentation that was previously submitted to the NVC.
3. If the consular officer is satisfied with the documentation and interview, the immigrant visa will be issued.
4. If additional information/ documentation is needed, the case will undergo administrative processing prior to the immigrant visa issuance.
FAQ’s
1/ What is a green card?
A green card or formally known as an I-551 is an official document issued by the United States Department of Homeland Security (“DHS”) which provides proof of LPR status for a Vietnamese citizen. Green card holders allowed to live in the United States and work without conditions.
2/ What is USCIS?
USCIS is a sub-agency of DHS that overseas immigration into the United States.
3/ What is a Lawful Permanent Resident?
Am LPR or informally known as a green card holder is a non-U.S. citizen that is authorized to live and work anywhere in the United States. An LPR may also may also petition certain relatives to immigrate to the United States as well as apply for U.S. citizenship upon meeting specific requirements.
4/ Why would a green card application be denied?
A green card application may be denied at the petition stage by USCIS for a number of different reasons including incomplete information, non-payment or missing documentation. If approved by USCIS, a green card application may still be denied by the U.S. Embassy or Consulate where the non-U.S. citizen will be undergoing his or her interview for other reasons such as fraud/ misrepresentation, past criminal activity, medical inadmissibility, drug useage, etc.
5/ How long does it take to get a green card through marriage to a U.S. citizen?
Current processing times from the time the petition is submitted until the non-U.S. citizen receives his or her green card is 12-18 months although depending on individual circumstances, it could be as little as 4-6 weeks.
6/ What are the income requirements for a marriage green card?
To be eligible for a green card based on marriage, the U.S. citizen petitioning spouse must meet certain financial requirements and certifies in an Affidavit of Support that their annual income is above the federal poverty guidelines. If the U.S. citizen petitioning income does not receive income (i.e. retired), other means can be shown to demonstrate financial capacity.
7/ How do we prove our marriage is geninue or bona-fide?
A bona-fide marriage is a union between two people who intend to build a future together who did not marry solely for immigrtaion purposes. As part of our representation, we will advise and prepare the necessary documentation to show that the marriage is bona-fide.
8/ Why Choose Us
Combined family immigration experience of nearly 35 years.
Our U.S. immigration attorneys are located on the ground in Vietnam and can meet face-to-face with our clients as opposed to meeting remotely.
CONTACT
US Office:
4500 Biscayne Boulevard, Suite 206,
Miami, Florida 33137
Hotline: (786) 866-9775
Fax: (305) 675-6195
Email: jlatour@latourlaw.com
Vietnam Office:
A: Friendship Tower, 31 Le Duan Street,
Ben Nghe Ward, District 1, Ho Chi Minh City
Hotline: 0938.61.30.62
Phone: +84 28 7303 2168
Email: vietnam@latourlaw.com
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