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Family Based Immigration for Spouses of U.S. Citizens

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Table Of Contents

    Basic Requirements:

    In order to be considered for family based immigration, an individual must be the spouse, parent, or unmarried child under 21 of a United States citizen. Couples, for example, must have willfully entered into a legally binding marriage—as defined by the family laws of their particular jurisdiction—in order to qualify for this type of immigration. For a marriage to be considered valid, both individuals must be considered legally eligible to marry one another—therefore, any previous marriage must be legally finalized. Furthermore, a marriage may not under any circumstances be considered to be a “sham” marriage—a marriage for the sole purpose of gaining family-based immigration status. So to prove that the married couple has not entered into a “sham” marriage, the couple must already or intend to live together, join their assets, and be mutually responsible for any liabilities.

    Removal of Conditions for Spouses Married Less Than Two (2) Years:

    If, a couple has been married for less than two years at the time of green card approval, the spouse of a U.S. citizen will only be granted conditional permanent residence, which will be valid for two years. In order to become an unconditional permanent resident, you must file a petition to remove the condition within the 90 days before your card expires.

    Family Members of the Immigrating Spouse:

    To be eligible for family based immigration, an individual must have an immediate family member relationship with a United States citizen. A child belonging to the spouse of a United States citizen, however, will qualify as an immediate family member of the United States citizen—as a step-child—so long as the marriage occurs before that child turns 18 years of age.


    For a typical case as filed within the United States at the U.S. Citizenship and Immigration Services (USCIS), the Austin attorneys at the Law Office of William Jang, PLLC charge the following fees:

    Petition + Adjustment (in the U.S.)

    • $3,500 in attorney’s fees
    • $ 535 USCIS filing fee for the petition for Family Based Immigration
    • $1,225 USCIS filing fee for the adjustment of status

    Petition + Consular Processing (if outside of the U.S.)

    • $5,000 attorney’s fees for the principal beneficiary
    • $ 535 USCIS filing fee for the petition for Family Based Immigration
    • $120 AOS Processing Fee
    • $325 Consular Processing fee per person
    • $220 Permanent Resident Card


    The Austin based legal team at the Law Office of William Jang, PLLC has substantial experience in representing the spouses of U.S. citizens who are seeking permanent residency (green cards) in the United States.

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    Don’t wait until it’s too late!  Contact us today at 512-323-2333