How do I apply for permanent residency in the United States?  This refers to cases where a Korean national enters the United States on a nonimmigrant visa without intending to marry and apply for permanent residency, but changes his or her mind at least three months after entering the country and decides to marry and apply for permanent residency.  

As an exception, Korean nationals entering the country on certain employment visas (L, H, O, P) can apply for marriage and permanent residency immediately upon entry. If you marry a permanent resident of Korea, you may be eligible to apply for permanent residency in the United States in some cases. Therefore, please consult with an attorney first. 

If you are married to a U.S. permanent resident, the process is three-step.

Step 1 : This is the step where the couple requests and receives approval from the immigration office to recognize that their marriage is legal and bona fide under immigration law.  

Step 2  : There is a waiting period, which varies monthly, with an average waiting period of 0 months to 3 years. During this waiting period, the Korean spouse must maintain lawful nonimmigrant status in the United States.

Step 3 : This is the step where you request to change your Korean spouse's legal nonimmigrant status to permanent resident status. cases. Therefore, please consult with an attorney first. 

Frequently Asked Questions (FAQ) 

We receive a particularly high number of questions regarding green card applications filed through marriage to a permanent resident. This is because the application period is longer than other types of cases and there are many variables involved. For example, a criminal offense may occur during the waiting period, or a person on a work visa may be suddenly fired. Various other events can impact the acquisition of a green card.

• I'm a permanent resident and will soon be eligible to apply for citizenship. Should I apply for permanent residency through my spouse's marriage after obtaining citizenship?
• What happens if I obtain citizenship while my spouse is waiting for a green card application?
• Can I leave the country briefly while waiting for my permanent residency application?
• I was late during the waiting period. Is that okay?

Qualifications for applying for permanent residency in the United States through marriage to a permanent resident

♥ Your spouse must be a U.S. permanent resident.

If your spouse is eligible to apply for citizenship soon, please consult with an attorney to determine whether it's best to begin planning your green card application now.

♥  You must be already married.

It doesn't matter whether you got married in the U.S. or Korea, but the couple must have lived together for at least a short period of time after marriage for the marriage to be recognized as a marriage under immigration law. Furthermore, the wedding ceremony and marriage registration must be held in the same location. For example, if the groom is in the U.S. and the bride only registers their marriage in Korea, the marriage will not be recognized under immigration law. Also, if a couple gets married in the U.S. but only registers their marriage in Korea, it is not acceptable.

♥  The Korean spouse must maintain a legal nonimmigrant status in the United States.

For example, the Korean spouse must ① obtain a student visa by submitting factual documentation to the U.S. Embassy in Korea, ② enter the U.S. with an approved academic intent when entering the U.S. on a student visa, and ③ maintain student status while pursuing their intended studies at an approved school. In other words, the entire process up to and including applying for permanent residency must be legal. If the Korean spouse has a work visa, the Korean spouse must maintain legal employment status by ① obtaining a work visa at the U.S. Embassy in Korea, ② entering the U.S. on a work visa, and ③ continuously working at the designated workplace, receiving a salary above the stipulated amount, from the time the spouse obtains the work visa to the time the spouse obtains permanent residency.

♥  It must be a genuine marriage.

It cannot be a marriage for the sole purpose of obtaining permanent residency. It must be a marriage of love, and that's why you applied for permanent residency. Immigration officials must be able to recognize that the couple married out of love, such as by proving that the couple speaks at least one language. They must also be able to document their shared life together. If it's genuine love, a significant age difference or same-sex marriage shouldn't be an issue.

♥  Your Korean spouse must not have a serious criminal record.

Simple traffic violations, parking violations, DUIs, or minor assaults will not result in a green card denial. However, serious crimes such as fraud, theft, forgery, murder, domestic violence, sexual assault, or crimes of moral turpitude can result in a green card denial. Therefore, if you have a prior arrest or serious criminal record, you should consult with an attorney to review it, and attorney fees will be added.

♥  Your American spouse must be able to provide financial support.

Immigration law stipulates that the permanent resident spouse must have a certain amount of assets or earn a certain amount of income. This is because the Korean spouse, after becoming a permanent resident, may rely on US government assistance to support themselves. Therefore, if the permanent resident lacks a certain income or assets, they may need to appoint another joint guarantor, or, in some cases, use the Korean spouse's assets or income to provide financial support.

The costs   of applying for a green card in the United States through marriage to a  permanent resident can be categorized into : ① immigration fees, ② medical examination fees, ③ attorney fees, ④ postage, and ⑤ additional fees. We will transparently explain any additional costs before you sign the contract.

STEP 1. Consult with a lawyer to confirm your eligibility.

We recommend consulting with an attorney to accurately determine your eligibility requirements for a change of permanent resident status. The fastest and most accurate method of consultation is by phone, and consultations are available in a variety of formats.

To speak directly with Attorney Jaegyun Ryu, call +1 (408) 516-4175 or email: [email protected]. For Filipino clients only: +63 991 708 6191. U.S. office hours: Monday - Saturday, 8:00 AM - 5:00 PM, Pacific Standard Time. For Filipino clients: call Monday - Saturday, 8:00 AM - 5:00 PM * If your call is not answered, please leave a voicemail. We will call you back after receiving your message. (Except holidays).

During the consultation, we will confirm whether you have any disqualifications for your green card application and provide detailed information on precautions for the future green card process. You will also receive detailed information on any additional costs incurred due to past disqualifications and any future disqualifications.

STEP 2. Write a contract, pay the deposit, and receive guidance documents.

After the consultation, we will send you a contract via email to review. If you decide to proceed with us, we will proceed in the following order.

① The customer prints the contract, signs it, and emails it to us. ② The customer pays the deposit (50% of the contract amount). Payment can be made by check, credit card, or PayPal. ③ We will email a checklist and questionnaire in Korean and English.

STEP 3. Gather the necessary documents and information to apply for a marriage green card.

This is the stage where you gather the documents and information required for a marriage green card petition. You must gather the necessary information and documents for a marriage green card application and submit them to our law firm. Depending on the client, this process can take anywhere from a week to a month. This stage is also when clients often have the most questions. Our law firm provides prompt and accurate answers directly to your questions, ensuring all your concerns are addressed promptly and completely.

STEP 4. Fill out the permanent residency application form.

Once all the necessary documents and information for a green card application have been collected, our law firm begins preparing the green card application. The application process takes approximately five business days, and once completed, it is emailed to the client.

STEP 5. Sign and mail the green card invitation application.

The spouse of the permanent resident and the Korean spouse must sign the permanent resident application form and mail it to the attorney's office, along with the immigration fee of $535 and the postage of $50.

STEP 6. Send the permanent resident invitation application documents to the immigration office.

After receiving the client's signed green card application form, the law firm conducts a final review of all documents required for the green card application and mails them to the immigration office.

STEP 7. Receive receipt for permanent residency application.

After receiving your green card application, USCIS will send you a receipt confirming your green card application within two weeks to two months. This receipt confirms that USCIS has received your documents and fees and is ready to begin reviewing them. 

STEP 8. Receive a green card invitation approval letter.

After receiving the green card petition, USCIS will mail you an approval letter for your green card application approximately 10 to 12 months later. The green card petition approval letter serves as USCIS's acknowledgement that your marriage is legal, completing the first step in the process of obtaining a green card after marrying your spouse, a U.S. permanent resident. From this point on, our law firm will periodically check and notify you of your green card application pending status. As the waiting period nears its end, we will email you a checklist of documents (in Korean and English) and a questionnaire (in English) required for the change of green card status.

STEP 9. Gather the necessary documents and information to apply for a change of status to permanent residency through marriage.

This is the stage where you gather the documents and information required to apply for a change of status to permanent residency through marriage. You must gather all the necessary information and documents and submit them to our law firm. Depending on the client, this process can take anywhere from one week to a month. This stage is also when clients often have the most questions. Our law firm provides direct, prompt, and accurate answers to all your questions, ensuring you receive the most satisfactory answers.

STEP 10. Submit your application for a change of permanent resident status & receive guidance on future procedures and requirements.

After the law firm mails the green card application, attorney's letter, and supporting documents to the immigration office, it will send the client a 'post-submission information package' via email. <Information package contents> ① What happens after the green card application is received and the work process ② Things to be careful of when moving within the U.S. after applying for a green card ③ How to check the green card process ④ How to apply for a SSN ⑤ Explanation of the reason and purpose of the green card interview ⑥ List of documents to prepare for the interview ⑦ Things to do before the interview ⑧ Send sample interview questions ⑨ Guidance on what to do during the interview, etc.

STEP 11. Receive the receipt for your permanent residency application.

After mailing your green card application to USCIS, you will receive a confirmation of receipt within two weeks to two months. This receipt signifies that USCIS has successfully received your green card application and the required fee and is now ready to begin reviewing your documents.

STEP 12. Take your fingerprints.

Visit the designated location on the date indicated on the fingerprinting request form to have your fingerprints taken. Your fingerprints will be used to determine your criminal record. After completing your fingerprinting, the immigration office will provide you with a receipt. It's recommended that you keep it safe for future reference.

STEP 13. Obtain a work permit and travel permit.

Approximately four to eight months after submitting your green card application, you will receive a work permit and advance parole by mail. This single document, similar in size to a driver's license, serves as both a work permit and an advance parole. The work permit and advance parole are issued on a single sheet, approximately the size of a driver's license. After receiving your work permit, you can apply for a Social Security Number (SSN) and begin legally working in the United States.

STEP 14. Receive an interview schedule.

Once you receive your interview schedule from the immigration office, we will conduct a virtual interview with Attorney Jaegyun Ryu based on (1) the list of documents you need to prepare for the interview and (2) the interview information package provided by our office. This will help you thoroughly prepare for the interview and confidently approach it.

STEP 15. Pass the interview and receive permanent residency.

If you pass the interview, your green card will be delivered to your address within two weeks to a month. Our law firm will provide guidance on the next steps after receiving your green card, including how to maintain your conditional green card, how to cancel your conditional green card, and how to apply for citizenship.