In honor of Veteran’s Day, Berardi Immigration Law would like to provide some tips to members of military members who wish to sponsor a foreign spouse for U.S. permanent residency (“green card”):
- A member of the U.S. armed forces is able to apply for permanent resident status (“green card”) for their foreign national spouse. The process of filing an I-130/I-485 is similar to those who are not in the military with one exception – the Affidavit of Support. Our attorneys at Berardi Immigration Law will help you understand the Affidavit of Support differences and guide you through the entire process.
- If your spouse is scheduled for their green card interview while you are deployed, the interview will still take place. Your spouse will need to bring proof of your deployment, but the interview will still be conducted. Proof of deployment includes (but not limited to): copy of assignments abroad, copy of official orders, or copy of letter from the commanding officer.
- If your spouse was granted a Conditional green card (only valid for two years), then Form I-751 will still have to be filed even if you are deployed. USCIS will make an exception for the required military member’s signature with proof of deployment (see above).
- If you know you are about to be deployed and you are filing an application, USCIS will do its best effort to process and adjudicate your case before you leave. It is recommended that at the time of filing, you write “I have an upcoming deployment” in bold letters on the first page of the application. If your application is already filed and you now are being deployed you should contact the USCIS Military Help Line.
USCIS offers many more service for our military members, including Naturalization and benefits for surviving members. Please contact us at Berardi Immigration Law for more information on USCIS services reserved for members of our military or any other immigration needs you might have.