Filing An Employment-Based Petition

This option to obtain a US green card is applicable to those Canadian citizens who are already living in the United States of America with a valid US work Visa (which may include an H-1B Visa or an L1 Visa). As part of the process in this regard, you will have to request your employer to submit an I-140 application to the Service Center at a place where you are employed or where the office of your employer is located at.

Filing A Spousal Sponsorship Petition

For this you need to fill out the I-130 form. You can download this form from the official website of the USCIS. This option to get US green card is applicable to those Canadian citizens whose spouse is already a US citizen. In order to be eligible for the sponsorship, you will have to mete certain basic requirements. For example, you will have to file a petition with certain documents as a proof of your marriage. You also need to submit proof of income that the income of your US spouse is at least 125% of the national poverty level. You generally will not be able to qualify for permanent residence card if you fail to meet this criterion. There can be an exception however, as per which you will have to submit proof of having a co-sponsor by filing an I-864 application. Depending upon the various factors involved in your case, the entire process may take just from a few months to a few years.

Filing A Family-Based Petition

This option is probably the easiest way to get a US green card, which is applicable to those Canadian citizens who have relatives (with either permanent US citizenship or with at least a green card) living in the United States of America. There are again certain eligibility criteria to meet. Your relatives who are living in the US must file a petition that they are ready to sponsor you.

Fill Out Form I-90

The first thing that you have to do is to fill out the Form I-90. You can get this form downloaded from the official website of the USCIS. This is the form that you are required to fill out and submit for an array of situations that include cases where your permanent residence card has expired or is about to expire, cases where your card has been stolen, or the cases where you have lost green card. It is important to note that you cannot use this form to get conditional resident status removed or to apply for a green card for the first time (initially). The process can be much smoother if you attach the copy (if you have any) of the green card that you have lost. If you do not have the copy, you will have to attach some other documents, such as driver’s license, passport, or any other form of photo id.

Attach The Check For The Filing Fees

Though the filing fees for this application keep changing from time to time, at present, the fee is $370. You can pay the fee by attaching a check along with your application; the check must be payable to the US Department of Homeland Security. It is important to note that you should not use abbreviations while you are writing the name in the “payable to” section of the check.

Submit Your Application

You can mail your application to replace lost green card; if it is a courier delivery (UPS or FedEx) or USPS express mail, you should send it to USCIS, Attn: I-90, 1820 Skyharbor, Circle S Floor 1, Phoenix, AZ 85034. If it is a regular mail, you should send it to the Arizona Lockbox facility – USCIS, P.O. Box 21262, Phoenix, AZ 85036. Alternatively, you can also submit your application online at the official website of the USCIS; however, you must meet certain eligibility criteria to do that.

Fingerprinting Appointment

After a few weeks from the date of submission, you will receive a letter from the USCIS with the details about the fingerprinting appointment. Attend the appointment in a timely manner; it is better to reach there at least fifteen minutes in advance. It is very important for you to keep in mind that your application will never be approved if you miss this appointment. However, if there is an emergency and you cannot attend the appointment at the scheduled time, you must follow the institutions on the form to reschedule the appointment. If you fail to appear in that appointment once again, you will have to apply afresh to replace lost green card, which means you will have to pay the filing fee once again and repeat all the procedure.

Get Temporary “Card” While Your Application Is Pending

You must request the USCIS officials to provide you a temporary proof that you are a permanent resident of the United States of America while your application is pending. If you have to travel outside America, you must have an I-551 stamp in your passport, which is a proof that you are a permanent citizen of the US. You can visit the local immigration field office to get that stamp.

You can check the status of your application to replace lost green card by calling the office of the USCIS at 1-800-375-5283. Alternatively, you can also visit their official website to check the updates on your application.

Check The Expiration Date

The first thing you have to do is to check the expiration date of your permanent residency card. In the US, the expatriation date is usually ten years from the date when the card was issued. You must renew your green card if it is going to expire in six months or if it already has crossed the expiration date. Here, it is very important for you to understand that if your citizenship status is “conditional resident”, your card is likely to be valid for only twenty-four months. Therefore, if that is the case with you, you must take necessary actions immediately to get those conditions removed.

Get The Application Form

You are required to fill out a specific form (Form I-90) to apply for a new green card. The best way is to download the form from the official website of USCIS. The form is a simple one, as it requires you to fill up some basic details only that may include your A number, your Social Security number, U.S. mailing address, and your full name. You are also required to put your signature on the form.

Submit The Form

Read the instructions on the form thoroughly and then submit the form to renew your green card accordingly. You generally have two choices to submit the form – either electronically or by mail. The forms must be submitted along with the filing and biometrics fees; you can pay the fees either through a money order or a check that must be payable to the Department of Homeland Security in the United States of America. Do not forget to attach a copy of your current card (or the one that has already expired, if that is the case) with the form.

Biometrics Appointment

You will soon receive a letter from the USCIS with instructions regarding the biometrics appointment. Make sure you reach in a timely manner; it will be better if you reach at least fifteen minutes in advance. You may be asked to submit some additional evidences. You must also be prepared in advance for an interview. Once the interview is over, you will have to wait for a few days or may be a few weeks before you could get another letter from the USCIS confirming whether your application to renew your green card has been approved or rejected. If it has been approved, you will receive your new permanent residence card. If rejected, you will be informed in writing about the reasons why your application got rejected and you may consult with a green card lawyer to know your best course of action.

Residency Through A Relative

When it comes to obtaining green card in Canada, the first thing you can do is to figure out if you can apply for permanent residency through a relative who is already a permanent citizen of this country. If you have no relative in Canada, things can be a little difficult and complex. There are generally six types of residency status that you can apply for – international adoption, Quebec-selected immigration, family class immigration, provincial nomination, business class, and the skilled workers class.

Quebec-Selected Immigration

This type of residency status is issued on the basis of the agreement between Quebec and the Canadian federal government. Once you obtain this type of immigration status, you can work and live in this country legally and safely. Quebec-selected immigration can be issued to sponsored refugees, families, temporary and permanent workers, and students.

Canadian Skills Test

You can maximize your chances of obtaining a permanent residency or “green card” in Canada by taking the Canadian skills test. The officials conducting the test will review your score, and on the basis of the score, they will then suggest you to fill out forms for a certain type of residency. As part of the test, you receive certain points for an array of things that include your family ties in Canada, your professional background, your age, the languages you speak fluently, and your education level. In order to qualify for a permanent residency, you must obtain a very high score in this test.

Complete The Paperwork

Once you know which type of residency you qualify to apply for, the next step is to complete the necessary paperwork. You will have to pay a certain amount of immigration fees when you submit the forms. The immigration fees change almost every year. The forms must accompany some essential documents that may include a medical certificate, birth certificates, reports on criminal check, employment details, and other such things. Once your forms are approved, you will be asked to attend an interview for “green card” in Canada.

Attending The Interview

You must be well prepared while you go for the interview. You must have all the answers ready in advance. If you hesitate in answering any question, the officials may doubt your intentions; it will leave an impression on them that you are doing something wrong. Besides that, you must also be very careful about the kind of dress you wear for the interview. Wear something simple, clean, and business casual. Avoid wearing anything peculiarly fashionable, such as with political slogans written on them.

It is very important to note that your performance at the interview is very crucial when it comes to getting approved for a permanent residency or “green card” in Canada.

Prepare A File With All Relevant Documents Of The Bona Fide Marriage

Even if you have already submitted all the documents with your initial AOS application, you may again need to present all those documents at the time of the interview for marriage green card. Some of the most important pieces of documents that you may need include any relevant mementos, photos, emails, letters, notes, and cards relating to your marriage and relationship. You can provide a good back up to your claim by presenting the documents as proof of any assets or bills in joint names, such as titles to motor vehicles, property deeds, tax returns, bank account statements, and telephone and other utility bills. I have provided this list just for the sake of example; the more documents you have with you to prove your marriage (to prove that it is a true marriage), the smoother the process will be for you.

Provide Details Of Updated Financial Information

The interviewer is also very much likely to ask you to present the details of updated financial information. As per the immigration laws in the United States of America, the combined income of you and your spouse must be at least one hundred and twenty five percent of the national poverty level. If you do not meet this criterion, your marriage will be considered as null and void and you will not be able to pass the interview for marriage green card successfully. Those who have just started their career or are students often find it very difficult to prove that much income. So, you must prepare yourself accordingly much in advance. In order to make the process smoother and hassle free, you are advised to bring all the details of your employment, such as employment letters, pay slips for the last few months, tax returns for the last three years, and other such documents.

Passport

Passport is the next important piece of document. Make sure you bring your and your spouse’s passport when you go for the interview. Additionally, you must also carry employment authorization card, all I-94s, and non-immigrant visa. The officials out there will review all these documents thoroughly in order to confirm if everything is genuine and that no fraud is being attempted. If everything is fine and you pass the review, they will put a stamp on your passport, which means your case is approved. Though its does not mean you will definitely receive the green card, it is at least a proof that now you are a condition or permanent US resident. You can maximize your chances of getting the best results from the interview for marriage green card by presenting some other important documents also, such as documents you used to enter this country, advance Parole documents, marriage certificate, and original birth certificates of both you and your spouse.

Double Check The Documents And Forms Before You Go For The Interview

Before you go for the interview, you must double check everything in order to make sure that everything is in order and that you are not missing any important piece of document. Refresh your memory so that you can answer all the questions correctly during the interview. You will have to be very straightforward in your answers. If you hesitate in answering any question, that will leave a negative impact on the officials. Sometimes, the circumstances change after you file the application. If that is the case with you, you must be well prepared to explain everything in great detail. Make sure that you have updated the information accordingly on the forms.

Arrive At Least Fifteen Minutes In Advance

You are advised to arrive for the interview for marriage green card at least fifteen minutes before the time of appointment. Pay special attention to how your dress; the best way is to dress conservatively and neatly, something that is business casual and presentable. The first impression is very important. You are strongly recommended against wearing anything with political slogans.

Last, but not the least, you must also be very honest and straightforward while you answer the questions asked by the officials during the interview for marriage green card.

Identification For With Parties

It is better to get married in the US only. Make sure that the family members from both the families are present in the marriage. Click some pictures of the bride and groom with friends and family members at the marriage function. These pictures and the identification of both the parties will make things a little smoother for you when you are called for an immigration interview. It is important for you to keep in mind that in order top obtain a marriage license in this country, you must be able to provide the identification proof of both the parties. If you have divorced your spouse or if your partner has divorced his/her spouse to get married again, you will also be required to submit documentation in support of the same, such as divorce papers and other relevant documentation. A divorce lawyer will be able to assist you in determining what you need and how to obtain it.

“Sponsorship”

As per the laws regarding filing immigration papers after marriage, the person you are marrying must be able to provide proof that he/she can support you. This is legally termed as “sponsorship”. An impressive sponsorship letter must include proofs of financial security of the citizen spouse, such as proof of medical insurance, bank statements, estate plan, and tax returns. Some of this paperwork you should be able to secure on your own, while others like estate planning and tax information might be best handled with the help of a professional estate administration lawyer. Once everything has been compiled, the letter must be submitted along with the I-864 USICS form. It is also important to note that the income of the citizen spouse must not be less than 125% of the national property level.

Complete A Medical Form

The process also requires you to have a medical form (I-683) completed by a certified civil surgeon. You do not need to pay any fees to submit this form. However, you may have to pay a certain amount of money as fee to the doctor for completing the forms after medical examinations.

Complete And Submit The I-130 Form

The process of filing immigration papers after marriage requires you to submit the I-130 form also. In this form, you need to provide a list of papers and documentations that you are submitting in your filing. The filing, for example, must include the copy of every page of the passport of the citizen spouse or his/her birth certificate.

The USCIS currently accepts the fees applicable for such filing either through money order or personal check. In order to ensure smooth processing of your application, you must fill out all the forms correctly. If you find the process too complex to handle on your own, it will be better to hire a qualified and experienced US immigration lawyer to assist you in filing immigration papers after marriage.

Things To Keep In Mind While You Get Married

Though getting married seems to be a very simple process, there are a couple of important things to keep in mind. Even the immigration authorities know that many people are getting married with the sole objective to get a green card. That is the reason they take such marriages very seriously and do everything to make sure that it is a bona fide marriage. If you are living in some other country and your fiancée is living in the US, you will first have to get a K-1 fiancée visa first, which is again a complex process that will be discussed in another separate article.

Immigration Medical Exam

Once you get married, you will have to go through an immigration medical exam. The doctor who examines you must be duly approved by the USCIS. A list of approved doctors in your locality can be obtained by contacting the local USCIS office. While you submit the green card application (I-485 form), make sure you attach the medical certificate from the doctor. It is advisable to keep a copy to yourself also, as you may need it in future.

Gather Documents

In order to file your application, you will first need to gather some important documents. So, make sure you read the instructions on the form I-485 thoroughly. The questions on the page 3 are very important; so, review it properly before you answer them. In cases, where you are undocumented, your immigration status has expired, or you are living in the country on a visitor’s visa, things can be very complex and you may need the help of a qualified immigration attorney. The basic documents that you have to submit include proof of legal U.S. status, a copy of your non-immigrant visa, a copy of your birth certificate, and two passport style photographs. Depending upon your specific case, you may also be required to submit certain other documents along with your green card application, such as divorce decrees from all prior marriages, proof of AOS eligibility, an employment verification letter, recent tax returns, and other such things as applicable.

Submit Forms

There are three forms that you have to submit – G-325A (biographical information form), I-485 (Application for Adjustment of Status), and I-130 (the Petition for Alien Relative). There is a certain amount of filing fee applicable with each form. The process should not be very difficult if you are already having a valid resident immigration status. On the other hand, the USCIS may first run a thorough investigation of your status if you are undocumented, your status is expired, or you are staying in the country on a visitor’s visa. Such investigation may make the process very complex.

Working In The Country

If you want to work in the US while you are still waiting for the green card through marriage to a US citizen, you will have to submit a form I-765. This process may take up to three months. Therefore, you must plan everything in advance.

Fingerprinting/Biometrics Appointment

Once you file your I-485 application, you may get a notice for fingerprinting/biometrics appointment within 30 to 90 days. Your application may be denied straightaway if you fail to appear in this appointment. If that happens, you will still have an option to reapply and follow the entire procedure once again.

The Interview

The last step is to attend the interview for the adjustment of immigration status. It may take some time, ranging from 6 months to 12 months or even more. While you attend the interview, you must carry certain documents to prove your bona fide marriage. These documents may include birth certificates for any children born of the marriage, marriage invitation cards, letters, photographs, a lease agreement, utility bills, and shared property and bank accounts.

If you have no impediments, the process of getting a green card might be simple, but considering the very fact that laws in this regard are very complex, it may be a nice idea to follow the procedure with the help of an immigration lawyer.