USA ID Cards – Passport – Social Security Card -Drivers License
If you’ve recently obtained a K1 fiancé, or CR1/IR1 spousal, visa for your Romanian, or other foreign national, partner who is now with you in the U.S., then there are a few essential steps your immigrant partner must take to complete their transition to becoming a well situated and a functioning member of the United States.
After Immigrating to the U.S. – Table of Contents
- Step 1 – Obtain a Green Card
- Step 2 – Obtain a Social Security Number
- Step 3 – Remove Conditional Status
- Step 4 – Become a Naturalized U.S. Citizen
Step 1 – Obtain a Green Card
Obtaining a Green Card (Form I-551) is also known as obtaining Lawful Permanent Resident Status (LPRS). If your foreign partner came into the U.S. on a CR1 or IR1 visa they were automatically issued a Green Card and thus already have LPRS. Or if the marriage is less than two years, they’ll have Conditional Permanent Resident Status (See Step 3)
However, if your partner came in on a K1 Visa then they must:
- Get married to you within 90 days of arriving in the U.S.
- Adjust Status to Register as a Permeant Resident
The process of applying for Permeant Residency/Green Card is known as Adjusting Status. To Adjust Status and obtain LPRS your foreign partner (now spouse) must file Form I-485 with the United States Citizenship and Immigration Services (USCIS).
Step 2 – Obtain a Social Security Number
A social security number (SSN) is a 9-digit identification number for U.S. citizens and permeant residents. It serves multiple vital purposes such as taxation, credit rating, work right, drivers license obtaining, bank account opening, and much more.
Most other countries also have national identification numbers which go by different names. For example, Romania’s national identification number is known as the Codul Numeric Personal (CNP).
Obtaining an SSN for a CR1/IR1 visa is done automatically upon entering the U.S. If your partner completed Form DS-260 and answered YES to the question that asked if they wanted the Social Security Administration to assign them an SSN. If your partner answered NO to the above question on form DS-260 they must apply for using the below steps.
If your partner came in on a K1 visa, and thus didn’t complete a form DS-260, then (after first becoming an LPRS) they must do the following:
- Fill out an SSN application
- Gather SSN Verification Documents Needed (Listed Below)
- Find the Nearest Social Security Office to your location and visit it to turn in the application and documents
SSN Verification Documents Needed
- Passport with visa page
- Green Card
- Original Birth Certificate
- Original Marriage Certificate
- Permeant Mailing Address
After the Social Security Administration receives your application and documentation they will process it and mail your spouse a Social Security Card which will contain their Social Security Number.
The card will arrive within 2 to 3 weeks if the documentation you provided was adequate and your spouse was approved. In rare instances, they might be denied or asked for further documentation.
Step 3 – Remove Conditional Status
What is Conditional Resident Status?
Conditional Resident Status is issued on marriages less than two years of age as a way of protecting from marriage fraud in order to obtain U.S. citizenship through false marriages. Every foreign spouse who marries a U.S. citizen will be placed under conditional resident status for two years, starting on the day they receive their green card.
As a conditional resident, your spouse will still have the right to work, as well as to travel outside of the U.S. if the trip is less than a year long. The only difference between a 2-year conditional resident status and a 10-year permanent resident status is that the 2-year conditional status expires after two years and cannot be renewed.
A spouse who is under conditional resident status must file to remove the conditions and become a lawful permanent resident and be issued a 10-year green card within 90 days before the 2-year conditional resident green card expires. Failing to file to have the conditions removed 90 days before the 2-year expiration date can lead to your spouse being deported from the U.S.
Who is Placed on Conditional Resident Status?
If your marriage is less than two years old when you and your foreign spouse applied for a marriage visa then they were issued a CR1 visa. The CR stands for Conditional Resident.
If your marriage to your foreign spouse took place in the U.S. after they came in on a K1 visa, then they will be put on conditional resident status for their green card after they adjust status to obtain lawful permanent residency (See Step 1).
If your marriage to your foreign spouse was over two years old when applying for the U.S. visa, then they were issued an IR1 visa. The IR stands for Immediate Relative. IR1 visa’s come with a 10-year green card which is not a conditional status green card and thus an IR1 visa recipient will not have to file to have any conditions removed.
How to Remove Conditional Resident Status?
To remove the conditional resident status, you and your foreign spouse must jointly file a Form I-751, Petition to Remove Conditions on Residence, 90 days before the 2-year mark of receiving your green card.
Along with the form you will be asked to provide evidence that your marriage is still ongoing and legitimate. Types of evidence that you can submit can be things such as:
- Joint leases, bank accounts, memberships
- Birth certificates of children
- Jointly filed tax returns
- Other documentation that shows your marriage is legitimate and ongoing
After the USCIS receives and processes your form and documentation they will either approve or deny the ability to remove the conditional status. If the form is approved, they will issue your foreign spouse a 10-year lawful permanent resident card (green card).
If denied, they will notify you of the denial and you can appeal. In some cases, you might be requested to have an interview with a USCIS agent where you will be further questioned about your marriage and asked to provide more supporting evidence of its legitimacy.
For more information on removing conditional residency visit: Remove Conditions on Permanent Residence Based on Marriage
Step 4 – Become a Naturalized U.S. Citizen
If you and your foreign spouse have remained married for 3 years after they received their green card, they can then apply to become a naturalized U.S. citizen. To do so they will need to complete and submit form N-400, Application for Naturalization.
Some of the qualifications the foreign spouse is required to meet for becoming a naturalized U.S. citizen are:
- Be at least 18 years of age
- Remained married to their U.S. citizen spouse for 3 years minimum after receiving a green card
- Continued residing in the U.S. after receiving their green card
- Be able to read, write, and speak English and have a knowledge and an understanding of U.S. history and government
For a full list of the requirements and more information on applying to become a naturalized U.S. citizen see: Naturalization for Spouses of U.S. Citizens