Obtaining a Permanent Residency Visa (GreenCard) in the Philippines through Marriage to a U.S Permanent Resident

What is a permanent resident visa?

A permanent resident visa allows you to obtain permanent residency at the U.S. Embassy in the Philippines, rather than applying to the U.S. Immigration Service while staying in the United States. Upon entering the U.S. with a permanent resident visa issued by the U.S. Embassy in the Philippines, you are recognized as a permanent resident on the day of entry, and your permanent resident card will be mailed to your home within approximately two weeks to two months.

So, what does it mean to obtain a green card visa in the Philippines by marrying a permanent resident?

If you're married to a US permanent resident but find it difficult to apply for green card while staying in the US, or if you want to take your time preparing for green card processing in the Philippines, you can obtain a green card visa through the US Embassy in the Philippines. Those who enter the US with this visa are recognized as permanent residents the moment they clear immigration and enter the US.

Obtaining a green card visa in the Philippines through marriage to a U.S. permanent resident typically takes 5 to 7 months plus a waiting period . The waiting period can be estimated from the Visa Bulletin published monthly by the Department of State. This waiting period can vary from zero to up to three years, so it's important to check regularly as you pursue your green card application. * Visa processing times vary greatly, so always check with your attorney rather than relying on online sources.

When is it difficult to apply for a green card in the United States?

If a Filipino national marries a permanent resident and wishes to apply for a green card in the United States, they must maintain legal nonimmigrant status until the waiting period  expires. This waiting period is often so long that it's practically impossible to wait in the United States. In such cases, the couple may be forced to live apart. In fact, many of our clients fall into this situation. 

If you encounter issues with the tourist visa, visa-waiver program, or student visa you used to enter the United States, one solution may be to reapply for a visa in the Philippines. For example, if you concealed your criminal record while applying for a tourist visa in the Philippines, the visa may be deemed invalid and you may need to reapply for a visa in the Philippines to resolve this issue.

Conversely, in some cases, applying for a US green card is recommended. If you have been unlawfully present for more than one year, you will be subject to a ban from entering the US the moment you leave the country, barring you from re-entering for at least 10 years. In such cases, applying for a green card in the US is often recommended. This is a difficult decision for most clients to make without the assistance of an attorney, so we strongly recommend consulting with one before making your decision.

Which method is best for obtaining permanent residency?

Many people struggle with deciding on the best method for obtaining a green card through marriage. Some want to reduce immigration fees and attorney fees, while others want to obtain their green card safely and avoid rejection. Their needs vary.

Through consultations, we accurately assess each client's needs and circumstances and provide tailored services. Above all, we quickly and accurately answer any questions you may have, helping you gain a comprehensive understanding of the green card process. After explaining the pros and cons of each option, most people find the best method for themselves. Don't worry alone; consult with us to find the best method for you. 

Qualifications for applying for a permanent resident visa in the Philippines through marriage to a Permanent Resident

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

♥ The two of you must already be married.

It doesn't matter whether you get married in the United States or Philippines. For immigration purposes, a marriage is only recognized if the couple resides together in the same home, even for a short period of time. Furthermore, the marriage must occur while the two of you are both in the same location. For example, if the husband resides in the United States while the wife files for marriage in the Philippines, the marriage will not be recognized as a marriage under immigration law. 

♥ Your Filipino spouse must not have committed any significant immigration violations.

Generally, overstaying your authorized stay for less than six months after entering the United States is not considered an issue by USCIS. 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 Filipino 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.

♥ The permanent resident spouse must have the ability to provide financial support.

U.S. law stipulates that the permanent resident spouse must have assets exceeding a certain amount or earning a certain income. This is because the Filipino spouse, after becoming a permanent resident, may rely on U.S. government assistance to survive. Therefore, if the permanent resident lacks a certain income or assets, they may need to appoint another joint guarantor, or, in some cases, the Filipino spouse's assets or income may be used to provide financial support. 

Cost of Marriage Permanent Residency Visa

The costs associated with obtaining a marriage green card 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 specify these fees in the contract, and no additional fees will be charged beyond what is stated in 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 an attorney to determine your eligibility for a marriage-based green card.

We recommend consulting with an attorney to accurately determine your eligibility for a marriage-based green card. 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, call +63 (991) 704 7128. U.S. office hours: Monday - Friday, 9:00 AM - 5:00 PM, Pacific Standard Time. For Filipino clients: Monday - Friday, 9:00 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 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 Filipino 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.

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

STEP 8. Receive a green card invitation approval letter.

After receiving your green card application, USCIS will mail you an approval document approximately 10 to 12 months later. The green card application approval document signifies USCIS's recognition of your marriage as legal, completing the first step in the process of obtaining a green card after marrying your spouse, a US permanent resident.

From this point on, the law firm will periodically check and notify the client of the waiting period for the permanent residency application, and when the waiting period is about to end, we will send ① a list of documents (Checklist) and ② a questionnaire (Questionnaire) via email that are required for changing the permanent residency status.

STEP 9. Wait for the waiting period.

Because more people apply for permanent residency than the stipulated number, a waiting period is required after the green card invitation is issued. This waiting period varies from month to month. The shortest waiting period is 0 months, while the longest can be as long as three years. We will explain this waiting period in detail during your phone consultation.

STEP 10. The green card invitation approval document is transferred to the National Visa Center.

Once your green card petition is approved, it will take between two weeks and a month on average to transfer your documents to the National Visa Center (NVC), who will then assign a case number and bill your attorney's office the NVC fee.

STEP 11. 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 12. 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).

STEP 13. 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 14. 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 15. 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 permanent resident visa will be attached to your Philippine passport and delivered by courier to your Philippine address. The F21 designation on the right side of the visa indicates that you are the spouse of a permanent resident.

STEP 16. 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.

STEP 17. 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.