Understanding the G4 Visa
If your spouse is in the United States on a G4 visa, it typically means she is working for an international organization. G4 visas are nonimmigrant visas allowing employees of international organizations, such as the United Nations, to live in the U.S. However, if you are a U.S. citizen and wish for your spouse to stay in the country permanently, she must apply for permanent residency—often referred to as a green card.
Eligibility for Adjustment of Status
As a spouse of a U.S. citizen, your wife can apply for an adjustment of status from G4 to lawful permanent residency. To be eligible for an adjustment of status, your wife must have entered the U.S. legally and be physically present in the country. Moreover, there should be no disqualifying factors such as criminal convictions that might make her ineligible for a green card.
Steps to Apply for a Green Card
The process of applying for a green card involves several steps, each requiring careful attention to detail to ensure a successful application.
1. File Form I-130, Petition for Alien Relative
Firstly, as a U.S. citizen, you need to file Form I-130, Petition for Alien Relative, with the U.S. Citizenship and Immigration Services (USCIS). This form establishes the relationship between you and your spouse.
2. File Form I-485, Application to Register Permanent Residence or Adjust Status
Simultaneously or subsequent to filing Form I-130, your wife can file Form I-485, Application to Register Permanent Residence or Adjust Status. This form is the primary application used by immigrants who are in the U.S. and wish to adjust their status to a permanent resident. Filing these forms together is also known as “concurrent filing.”
3. Biometrics Appointment
After filing her applications, your wife will be scheduled for a biometrics appointment, where her fingerprints, photo, and signature will be taken for background checks.
4. Attend the Interview
Both of you may also be required to attend an interview, where a USCIS officer will verify the authenticity of your marriage and eligibility for her green card.
5. Wait for the Decision
Finally, after all the steps are completed, your wife will have to wait for a decision from USCIS regarding her green card application.
Supporting Documentation
Throughout the application process, you will be required to submit various documents such as proof of your U.S. citizenship, your marriage certificate, and any other documentation that proves your ongoing marriage relationship. Your wife will also need to submit Form I-864, Affidavit of Support, confirming that you have sufficient income or assets to support her when she becomes a permanent resident.
Medical Examination
As part of the adjustment of status process, your wife must undergo a medical examination by a USCIS-approved doctor. The examination includes a review of her medical history, a physical examination, drug and alcohol screening, tests for various diseases, and vaccinations.
Special Considerations
On a G4 visa, your wife may enjoy certain diplomatic immunities and privileges. It’s important to note that by applying for a permanent residence and potentially taking up employment outside of the international organization, she may lose these immunities and privileges.
USCIS Processing Times and Fees
It is crucial to be aware of the current processing times and fees, as they may change. Currently, USCIS processing times can vary based on the service center handling the application, and fees can be found on the official USCIS website. There may also be additional costs associated with medical examinations and biometric services.
Conclusion
Adjusting status from a G4 visa to a permanent resident card is an intricate process requiring an understanding of the immigration laws and a thorough preparation of the necessary paperwork. It is a pathway to a stable life for you and your spouse in the United States, and while the journey can be long, the reward of living together as a family in the U.S. is invaluable.
For the most accurate and updated information, always refer to the official immigration resources available at the USCIS website USCIS. Proper legal advice from an experienced immigration attorney can also be tremendously beneficial as you navigate through the process of your US citizen spouse green card application. Remember, patience and meticulous adherence to the procedures will be your best allies in this significant chapter of your life.
Still Got Questions? Read Below to Know More
How long after getting her green card can my spouse apply for U.S. citizenship, and does she need to give up her home country’s citizenship?
Your spouse can apply for U.S. citizenship through the process known as naturalization, typically after having her green card for 5 years. However, if she is married to a U.S. citizen and has lived with that citizen for the last 3 years, she is eligible to apply after only 3 years of having her green card, provided she meets all other eligibility requirements. The relevant form for naturalization is Form N-400.
Regarding her current citizenship, the United States allows dual citizenship, which means that your spouse doesn’t necessarily have to give up her citizenship from her home country when she becomes a U.S. citizen. However, it’s important to note that:
“The U.S. Government recognizes that dual nationality exists but does not encourage it as a matter of policy because of the problems it may cause.”
She should check the laws of her home country, as some countries do not allow dual citizenship or may have specific requirements or procedures for citizens who acquire citizenship in another nation.
For comprehensive guidelines and to check eligibility for naturalization, you can visit the official United States Citizenship and Immigration Services (USCIS) website on Citizenship through Naturalization and Dual Nationality.
Will my wife need to leave her job at the international organization during the green card application process?
Your wife may not necessarily need to leave her job at an international organization during the green card application process. It depends on her current visa status and whether her employment at the international organization is related to a specific visa type. If she is in the U.S. on a G visa, for instance, which is for employees of international organizations, there are specific steps to follow for adjusting status to permanent resident (obtaining a green card).
Generally, individuals with nonimmigrant visa statuses that allow dual intent (like an H-1B visa) can continue their employment without issue while seeking permanent residence. However, on a G visa—specific to international organization employees—changing status requires a careful approach. The U.S. State Department mentions:
“An officer of an international organization … who seeks to become a permanent resident of the United States must first obtain a special waiver of the privileges and immunities that would normally protect him or her from U.S. jurisdiction.”
More information on the waiver process required for G visa holders can be found on the U.S. Citizenship and Immigration Services (USCIS) website here.
Ultimately, the ability to continue working while applying for a green card is contingent on several factors, including the type of work authorization she has, her current visa status, and whether her job at the international organization is based on a visa that permits the filing for lawful permanent residency. It is highly recommended to consult with an immigration attorney for personalized legal advice regarding your wife’s situation. Additionally, the USCIS offers resources and contact information for inquiries, which can be accessed on their Contact Us page.
Can my kid still go to public school in the U.S. while we’re switching from G4 visas to green cards?
Certainly, children can continue attending public school in the U.S. while you switch from G4 visas to green cards. Access to public education for children is not contingent on the immigration status of their parents or themselves. In fact, according to the U.S. Supreme Court ruling in Plyler v. Doe (1982), “states cannot constitutionally deny students a free public education on account of their immigration status.”
When you are transitioning from a G4 visa, typically used by employees of international organizations and their immediate family members, to lawful permanent residency (green card), your children have the same rights to public education as they had before. This right remains in effect even if you are in the process of adjusting your immigration status.
For more information, you can check out the guidelines from the U.S. Department of Justice and the U.S. Department of Education on the rights of all children to enroll in school, which can be found here: Education Rights of Immigrant Students. Other resources, like the U.S. Citizenship and Immigration Services (USCIS) also provide relevant information on public benefits for immigrants, which is accessible here. Remember to maintain the validity of your current immigration status while your green card application is being processed to avoid any complications with your residency in the U.S.
If my G4 visa spouse travels abroad while her green card application is pending, will re-entry to the U.S. be a problem?
If your spouse holds a G4 visa (typically issued to employees of international organizations and their immediate family members) and has applied for a green card (U.S. lawful permanent residency), traveling outside the U.S. while the application is pending can be complicated. Here’s what should be considered:
- Advance Parole Document: Before leaving the U.S., your spouse should apply for an Advance Parole Document using Form I-131, “Application for Travel Document.” This document allows a person to return to the U.S. after traveling abroad while their green card application is pending. It’s essential to have this approved before departure to avoid issues upon re-entry. The U.S. Citizenship and Immigration Services states:
“If you depart from the United States before the Advance Parole Document is issued, your application for an adjustment of status (Form I-485) may be considered abandoned.”
- Timing and Status: The timing of your spouse’s travel and the status of their green card application are crucial. Even with an Advance Parole Document, leaving the U.S. can impact the green card application process. It’s typically advised to consult with an immigration lawyer before making any travel plans.
To get the Advance Parole Document and for detailed guidance, refer to the official U.S. Citizenship and Immigration Services (USCIS) website: https://www.uscis.gov/i-131
Lastly, it’s important for your spouse to maintain valid G4 visa status, even while the green card application is pending. This could be important if, for whatever reason, they need to return to their home country or another country before the green card is granted. Your spouse should contact their G4 visa sponsor (their employer or the international organization they work for) to ensure that all requirements for maintaining their G4 status are met before planning any international travel.
If my spouse on a G4 visa has health issues, could that affect her chances of getting a green card through marriage to me, a U.S. citizen?
If your spouse is currently on a G4 visa, which is typically issued to employees of international organizations and their immediate family members, her health issues should not necessarily affect her chances of obtaining a green card (officially known as a Permanent Resident Card) through marriage to you, a U.S. citizen. The process of adjusting status to that of a lawful permanent resident based on marriage involves several steps, including medical examinations, but health issues are not an automatic disqualifier.
During the application process, your spouse will be required to undergo a medical examination by a government-approved physician. This is known as the “Report of Medical Examination and Vaccination Record” (Form I-693). The purpose of the medical exam is to ensure public safety and remove the grounds for inadmissibility related to health. The United States Citizenship and Immigration Services (USCIS) states:
“USCIS designates certain doctors (referred to as civil surgeons) to perform the medical exam required for most Green Card applicants.”
Generally, health-related issues that can affect green card eligibility include those that pose a public health threat, such as certain contagious diseases, or if the applicant has not received required vaccinations. Chronic illnesses or disabilities do not automatically disqualify an applicant unless they are associated with harmful behaviors or are likely to require public financial support due to an inability to work.
Your spouse should be honest about her health condition throughout the immigration process. It’s essential to consult with an immigration attorney for personalized advice, especially if there are any concerns about inadmissibility on health grounds. For official guidance and procedures related to the medical exam and the adjustment of status, refer to the official USCIS website for health-related grounds of inadmissibility (USCIS Health Grounds of Inadmissibility) and the medical examination instructions (USCIS Medical Examination Instructions).
Learn Today:
Glossary or Definitions
G4 Visa: A nonimmigrant visa category that allows employees of international organizations, such as the United Nations, to reside and work in the United States.
Permanent Residency: Also known as a green card, it refers to the status of an immigrant who has been granted permission to live and work permanently in the United States.
Adjustment of Status: The process of changing from a nonimmigrant visa status to permanent residency while being physically present in the United States.
Form I-130: Petition for Alien Relative; a form filed by a U.S. citizen to establish the relationship between themselves and their spouse who is seeking permanent residency.
Form I-485: Application to Register Permanent Residence or Adjust Status; the primary application used by immigrants in the United States who wish to adjust their status from a nonimmigrant to a permanent resident.
Concurrent Filing: Simultaneously filing Form I-130 and Form I-485, allowing the petitioner (U.S. citizen) and their spouse to apply for permanent residency together.
Biometrics Appointment: An appointment scheduled by USCIS to collect an applicant’s fingerprints, photo, and signature for background checks.
USCIS: United States Citizenship and Immigration Services; a government agency responsible for processing immigration applications, conducting interviews, and making decisions on immigration benefits.
Affidavit of Support: Form I-864; a document submitted by the U.S. citizen petitioner as a commitment to financially support their spouse when they become a permanent resident.
Processing Times and Fees: The time it takes for USCIS to process an application and the fees associated with filing immigration forms. These may vary based on the service center and can be found on the USCIS website.
Medical Examination: A medical evaluation required as part of the adjustment of status process, conducted by a USCIS-approved doctor. It includes a review of medical history, physical examination, drug and alcohol screening, disease tests, and vaccinations.
Diplomatic Immunities and Privileges: Special rights and protections granted to individuals on certain visas, such as the G4 visa, due to their affiliation with diplomatic or international organizations. These immunities and privileges may be lost when applying for permanent residency or working outside the international organization.
USCIS Website: The official website of the United States Citizenship and Immigration Services, containing accurate and up-to-date information on immigration processes and requirements.
Immigration Attorney: A lawyer specializing in immigration law who can provide legal advice and representation for immigration-related matters.
Please note that understanding immigration laws and procedures can be complex, and the information provided here is for general knowledge purposes only. For specific and up-to-date guidance, it is crucial to refer to official immigration resources and consult with an experienced immigration attorney.
So there you have it! Adjusting status from a G4 visa to a green card may seem like a daunting process, but with the right knowledge and preparation, you can make it smooth sailing. Remember, following the steps, submitting the required documents, and staying up-to-date with USCIS processing times and fees are key. If you want more expert advice on navigating the immigration system, head over to visaverge.com and discover valuable resources to help you on your journey. Good luck!
This Article in a Nutshell:
A G4 visa allows employees of international organizations to live and work in the U.S. If you are a U.S. citizen and want your spouse to stay permanently, she must apply for a green card. The process involves filing forms, attending appointments, and providing supporting documents. Be aware of fees and processing times.
