Family Based Immigration for Spouses of U.S. Citizens
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 William Jang, PLLC charge the following fees:
- $2,000.00 in attorney’s fees
- $535 USCIS filing fee for the main petition for Family Based Immigration
- $1,225 USCIS filing fee for the adjustment of status