Obtaining a Permanent Residency Visa (GreenCard) in the Philippines through Marriage to a U.S Citizen
What is a permanent resident visa? This involves obtaining a permanent resident visa through the U.S. Embassy in the Philippines, entering the United States with this visa, and becoming recognized as a permanent resident immediately upon arrival. After entering the U.S., your permanent resident visa will be mailed to your home approximately two weeks to two months later.
In contrast, the process of applying for and receiving a green card from the immigration office while staying in the United States is called adjustment of status, change of permanent resident status, or adjustment of status.
What is a marriage green card visa? This refers to marrying a U.S. citizen, obtaining a green card visa at the U.S. Embassy in Korea, and entering the U.S. as a permanent resident. This is also known as a CR1 or IR1 visa.
For U.S. citizens residing in the United States, the average processing time is approximately 8 to 10 months. However, for U.S. citizens residing in Korea with their spouses, the processing time can be shortened to approximately 3 to 5 months. This shortened processing time is possible because the entire process can be completed at the U.S. Embassy in Korea, bypassing the immigration office process. This process is called Direct Consular Filing (DCF), but this is not the official name. [This DCF was discontinued in September 2019.]
Marriage green card: Should I apply in Korea or in the US? This is one of the most frequently asked questions by our clients. Some clients are married to a US citizen, but (1) prefer to apply for marriage green card in Korea due to personal circumstances, or (2) are legally unable or difficult to apply for green card in the US, requiring them to apply in Korea.
For example, some wanted to continue their careers in Korea, others wanted to give birth in Korea due to pregnancy, and some preferred to proceed in Korea because settling assets and inheritances in Korea would take too long. Among those who had to proceed in Korea due to legal issues, some had previously been denied entry into the United States, had student visas rejected, and were therefore unable to obtain visas other than permanent residency. Still others preferred to proceed in Korea due to Korean arrest records.
At our law firm, we accurately assess our clients' circumstances and provide guidance on the most appropriate method, so if you have any concerns about this, please consult with us.
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Our law firm has a 99% success rate in family- sponsored green cards . If your green card application is denied despite following our guidelines , we will refund your legal fees . We will include this refund clause in your contract . Please compare our rates with those of other law firms .
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Refund of attorney fees in case of permanent residency denial
Our law firm provides detailed guidance on the step-by-step procedures and requirements for permanent residency, from application to issuance. Therefore, by following our guidance step by step, you can obtain permanent residency. We have never had a client who applied for permanent residency denied following our guidance.
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After consulting with Attorney Ryu Jae-gyun and receiving a price quote, please call immigration law firms near your residence to compare rates. You'll quickly confirm that our attorneys' fees are reasonable.
Qualifications for applying for a marriage permanent residency visa
♥ One of the spouses must be a U.S. citizen.
♥ You must be already married. It doesn't matter whether you got married in the U.S. or Philippines, but for immigration purposes, the marriage is only recognized if the couple lived together for at least a short period of time. 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 the Philippines, the marriage is not recognized under immigration law. Also, if a couple gets married in the U.S. but only registers their marriage in the Philippines, it is not allowed.
♥ Your Korean spouse must not have committed any significant immigration violations. Generally, if you overstay your authorized stay for less than six months after entering the United States, USCIS will not take issue with you. However, it's not uncommon for spouses to be unaware of other potentially problematic immigration violations. If you suspect any violations of immigration law, please notify our law firm in advance.
♥ It must be a genuine marriage. Obtaining a green card shouldn't be the purpose of marriage. A genuine marriage is one formed out of love, and when you marry for love, the green card will naturally follow. You might not believe it, but immigration officials often ask during interviews whether you married for the purpose of obtaining a green card. Of course, I've never seen a couple say yes to that question.
♥ Your Korean spouse must not have a serious criminal record, whether in the Philippines or anywhere else in the world. Criminal offenses considered serious by immigration authorities include fraud, forgery, theft, money laundering, and murder. If you have a criminal record like this, you may not be able to obtain a fiancé visa, so please consult with an attorney. DUI and violence also pose immigration issues. However, minor criminal records can be resolved with the help of an attorney.
Cost of Marriage Permanent Residency Visa The costs of a marriage green card visa can be categorized into: ① USCIS fees, ② National Visa Center (NVC) fees, ③ medical examination fees, ④ attorney fees, ⑤ postage, and ⑥ additional fees. We will transparently explain any additional costs before you sign the contract.
We'll provide detailed guidance on the application process for a marriage-based permanent residency visa.
Obtaining a marriage-based permanent residency visa involves several procedures and steps. The information below will help you understand the entire process, from application to acquisition.
STEP 1. Consult with a lawyer to determine your eligibility for a marriage green card visa.
We recommend consulting with an attorney to accurately determine your eligibility for a marriage-based permanent residency visa. 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).
STEP 2. Write a contract, pay the deposit, and receive guidance documents.
After the consultation, we'll email you a contract for your review. If you decide to proceed with us, we'll proceed as follows: ① The customer prints the contract, signs it, and emails it to us. ② The customer pays a deposit (50% of the contract amount). (Payment is accepted by check, credit card, or PayPal.) ③ We'll email you a checklist and questionnaire.
STEP 3. Gather the necessary documents and information for your marriage-based permanent residency visa application.
This is the stage where you gather the documents and information required for a marriage-based permanent resident status change. 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 prompt and accurate answers directly to all your questions, ensuring you receive the most satisfactory answers.
STEP 4. Submit your permanent residency invitation documents and receive guidance on future procedures and requirements.
After the law firm mails the green card application, attorney's letter, and supporting documents to the USCIS, the client will receive a "Post-Submission Information Package" via email. <Information Package Contents> ① What happens after the green card application is submitted and the process ② What to watch out for when moving within the United States after applying for a green card ③ How to check the green card application progress
STEP 5. Receive your permanent resident invitation receipt
After mailing your green card application to USCIS, you will receive a receipt, which takes on average between two weeks and two months. This receipt signifies that USCIS has received the application, supporting documents, and the USCIS fee and is now ready to begin reviewing your documents.
STEP 6. Receive your green card invitation approval letter.
Approval of the green card petition will be received approximately five to eight months after submitting the application. Occasionally, the immigration office may request additional documentation if the required documents are insufficient. For example, if a couple has lived apart for a long time, speaks a different language or shares a different culture, or if the green card applicant is from Thailand, the Philippines, Vietnam, or Cambodia, additional documentation is often requested.
STEP 7. The green card invitation approval document is transferred to the National Visa Center.
Once your green card petition is approved, it takes an average of two weeks to a month for your documents to be transferred to the National Visa Center (NVC). After a case number is assigned, the NVC will bill your attorney's office the NVC fee. The NVC fee is $445 = $325 for the immigrant visa fee + $120 for the affidavit of support fee.
STEP 8. Prepare documents to submit to the National Visa Center (NVC).
The attorney's office pays the NVC fee, and the client and the attorney's office begin preparing the ① immigrant visa documents and ② financial affidavits required by the National Visa Center (NVC) for immigration purposes. Gathering the necessary documents and information takes an average of one week to one month, and some clients prepare them in advance, even before the green card petition is approved, to save time.
STEP 9. Submit your documents to the National Visa Center (NVC).
Submit ① immigrant visa documents and supporting documents, and ② financial guarantee application and supporting documents to the National Visa Center (NVC).
Preview of the Interview Guide
STEP 10. Receive an interview schedule
After reviewing your documents, the National Visa Center (NVC) will work with the U.S. Embassy in the Philippines to schedule an interview date and notify you of the interview date via email.
STEP 11. Send the interview preparation documents to the client by mail.
Once the National Visa Center (NVC) notifies you of your interview schedule, we will mail a list of interview documents to Filipino residents. We will then carefully review the documents with you over the phone. Furthermore, we will conduct a virtual interview with a lawyer to ensure you can attend the interview without any hesitation.
STEP 12. Pass the interview and receive a permanent resident visa.
If you pass the interview, you will receive your permanent resident visa within one to two weeks. The visa will be attached to your Philippine passport and delivered by courier to your Philippine address.
STEP 13. Pay immigration fees before entering the United States.
Under new immigration regulations, an additional $220 immigration fee is required. Since attorneys cannot pay this fee on behalf of permanent resident applicants, we advise clients to pay it themselves.
Preview of Permanent Residency
STEP 14. Enter the United States and Obtain Permanent Residency
The moment you enter the United States with a green card, you become a permanent resident, and you will receive your green card by mail to your U.S. address within two weeks to two months.