Video instructions and help with filling out and completing Who Form 8815 Spouse

Instructions and Help about Who Form 8815 Spouse

My name is Karen Lee Pollak and I'm often asked how do I bring my husband or wife to the United States or if they are already here how do I get them a green card well the answer is it depends there are different procedures depending on whether your husband or wife is located inside the United States is outside the United States and whether you are a US citizen or a permanent resident if you are a US citizen there is no weight term for your spouse to come to the United States and to obtain a green card if they are already in the United States in lawful status you can simply apply by filing what's called a form i-130 petition for alien relative and the second phase of the application I 485 adjustment of status application I also recommend concurrently filing what's called an application for advanced parole which will allow your spouse to travel outside the United States during the process and an AI 765 work authorization form which will allow your spouse to work while they are waiting for the green card to come through currently it's taking about six months for a US citizen to sponsor this spouse for a green card while they are in the United States you submit all of these forms and they are a lot of forms to fill in together with an affidavit of support showing that you earn sufficient income to sponsor your spouse and that they will not be a burden on the United States it is also if you will a contract with the federal government that you will reimburse the federal government if your spouse obtains federal benefits in addition to completing all of these forms you would have to submit both of your passports or proof that you are a US citizen birth certificates divorce decrees if there are any criminal records relating to your spouse we would need to see those as well you would submit photographs and other evidence that is required by the USCIS once the USCIS gets your applications you will be issued a receipt with a receipt number your spouse will then have to go have their fingerprints taken and you will both have to go for an interview with an officer to show that there is a good-faith marriage if the officer is satisfied from interviewing you that there is a good-faith marriage within about approximately 30 days of the interview your spouse will receive a green card in the mail now a lot of people are under the misapprehension that that is the end of the story but it's not it's just the beginning this green card is a temporary green card that is issued for two years after two years or you could apply three months earlier so one year and nine months later your spouse will have to fill in a new application called an i7 five one application to lift the conditions on permanent residency at that time they would have to show the USCIS that you've been in a valid marriage and that it's a marriage in good faith you do that by providing documents such as joint bank accounts medical insurance car insurance lease records or title deeds in both your names you can also do so by submitting photographs and always the best evidence is birth certificates of children born of their marriage unfortunately sometimes the marriage just did not work out in those two years that does not mean the spouse cannot get a green card or a permanent green card what will happen is they will then just submit this i-751 on their own with the same evidence and in addition we'll have to provide a divorce decree as long as USCIS is satisfied that the marriage is in good faith the spouse will be issued a green card even if you have fortunately got divorced in the process if the USCIS is unsure if the marriage is in good faith even if it's still existing they may ask you and your spouse to come in for an interview if they are then satisfied your wife or husband will be issued a green card if they are not satisfied that the marriage was in good faith and they are concerned it's a fraudulent marriage the green card will be denied and the spouse will be placed in removal proceedings it is very important to talk to an immigration attorney about this process as it can affect all applications going forward if you have questions about the marriage green card feel free to call me