For many immigrants, marriage to a U.S. citizen or legal permanent resident provides a potential pathway to adjust their immigration status. This process can help individuals obtain lawful permanent residency (green card) in the U.S. However, like any legal process, it comes with a variety of costs, both in terms of time and money. In this article, we will explore how much it typically costs to fix immigration papers through marriage, including the various immigration fees and immigration requirements that may apply.
Understanding Marriage-Based Immigration
Marriage-based immigration is a common method for individuals seeking to obtain a green card in the United States. A foreign national may apply for a green card based on their marriage to a U.S. citizen or lawful permanent resident. This process involves several steps, including submitting various forms and attending interviews. However, it is important to note that the costs associated with this process can vary greatly depending on the specifics of the case.
The first step in the marriage-based immigration process is proving the legitimacy of the marriage. This is essential to avoid accusations of marriage fraud, which could have serious legal consequences. U.S. Citizenship and Immigration Services (USCIS) requires both partners to demonstrate that their marriage is genuine and not entered into for the purpose of obtaining immigration benefits.
Key Immigration Types in Marriage-Based Applications
There are several immigration types related to marriage-based green card applications. These types primarily depend on whether the U.S. citizen or permanent resident spouse is filing for the foreign national partner. Here are the most common types:
- Immediate Relative (IR) Immigrant Visa: This is the most common route for foreign nationals married to U.S. citizens. Immediate relatives, such as spouses, do not have to wait for a visa number to become available, which speeds up the process.
- Family Preference Immigrant Visa: This applies when a foreign national is married to a lawful permanent resident (LPR). Unlike U.S. citizen spouses, LPR spouses must wait for a visa number to become available.
- Adjustment of Status (AOS): If the foreign spouse is already living in the U.S., they may apply for an adjustment of status to become a permanent resident without leaving the country.
The Steps in the Marriage-Based Immigration Process
Regardless of the immigration type, the steps in the process generally involve the following:
- Filing the Petition: The U.S. citizen or permanent resident spouse files Form I-130, Petition for Alien Relative, with USCIS. This form is used to establish the relationship between the petitioner (U.S. spouse) and the beneficiary (foreign national spouse).
- Applying for a Green Card: After the I-130 is approved, the foreign spouse can apply for a green card by filing Form I-485, Application to Adjust Status, if they are in the U.S. If they are outside the U.S., they will go through consular processing to obtain a visa.
- Attending an Interview: In many cases, both spouses will need to attend an interview with USCIS or at a U.S. embassy or consulate. The goal of the interview is to verify the authenticity of the marriage.
- Receiving a Green Card: If approved, the foreign national will receive their green card, granting them lawful permanent resident status.
Costs of Fixing Immigration Papers Through Marriage
The cost of fixing immigration papers through marriage can vary significantly depending on the specific circumstances of the case. Below are the main expenses involved:
1. Immigration Fees
One of the most significant costs is the immigration fees associated with filing various forms and petitions. The immigration fees for a marriage-based green card process can range from a few hundred to a few thousand dollars, depending on the type of application and the location of the foreign national. Here’s a breakdown of the typical fees:
- Form I-130 (Petition for Alien Relative): The fee for filing Form I-130 is $535. This fee is required for U.S. citizens and lawful permanent residents who are petitioning for their foreign spouse.
- Form I-485 (Application to Adjust Status): If the foreign spouse is applying for adjustment of status within the U.S., the fee is $1,140. There is an additional biometrics fee of $85 for applicants between the ages of 14 and 79.
- Form I-864 (Affidavit of Support): The petitioner (U.S. spouse) must file this form to prove that they have the financial means to support their foreign spouse. There is no separate fee for this form, but it is an essential part of the process.
- Medical Examination Fees: The foreign spouse will need to undergo a medical examination by a USCIS-approved doctor. These exams typically cost between $100 and $500, depending on the doctor and location.
- Form DS-260 (Immigrant Visa Application): If the foreign spouse is applying from abroad, they will need to pay the $325 visa application fee, plus additional fees for medical exams and other related costs.
2. Legal Fees
Many individuals choose to hire an immigration attorney to guide them through the complex process. While this is not a requirement, an experienced lawyer can help ensure that all forms are filed correctly and that the process goes as smoothly as possible. Legal fees for marriage-based green card applications typically range from $1,000 to $5,000, depending on the complexity of the case and the attorney’s experience.
3. Miscellaneous Costs
There may be additional costs throughout the process, including:
- Translation Fees: If any documents are in a foreign language, they must be translated into English. Translation services typically cost between $20 and $50 per page.
- Travel Expenses: If the foreign spouse needs to attend an interview at a U.S. embassy or consulate, they may incur travel and accommodation costs.
- Notarization Fees: Some documents, such as affidavits, may need to be notarized, which can cost between $5 and $20 per document.
Factors Affecting the Total Cost
While the basic costs are relatively predictable, there are several factors that can affect the total cost of fixing immigration papers through marriage:
- Location: Costs can vary based on where the foreign spouse is located. For example, medical exam fees and visa application fees may differ depending on the country.
- Complexity of the Case: If the couple has a complex history (e.g., previous marriages, criminal issues, or immigration violations), the process may require additional legal services, which could increase costs.
- Legal Representation: Hiring a highly experienced immigration attorney can significantly raise legal fees, but it may also increase the likelihood of a successful and timely outcome.
Conclusion
In conclusion, the cost of fixing immigration papers through marriage can vary widely depending on several factors, including the type of application, legal fees, and miscellaneous costs. On average, couples can expect to pay anywhere from $2,000 to $10,000 or more throughout the process. It is essential to understand the immigration requirements and prepare for all the potential expenses involved. For more information about different immigration types, immigration fees, and the immigration process, consult reliable resources or speak with an immigration professional.
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