States in the US that recognize marriage to a Taiwan Citizen

[drvelocity]

It's my understanding that for the purposes of applying for a Green Card for my soon to be wife, if my home state (Iowa) recognizes our marriage in Taiwan, she can apply for a Green Card immediately. If they don't, then we have to live in the states for two years before being able to apply for the green card. I've been bounced around a few offices tonight while trying to get info on this, but I figured I'd bounce this off of anyone who might be in the know here in Taiwan. Is my understanding of the situation accurate, and if so does anyone know where a list can be found of states that recognize a marriage in Taiwan? Thanks!

[Chris]

If I'm not mistaken, they all do; the US automatically recognizes marriages taking place overseas. All that's needed to "prove" your marriage is an affidavit stating you are married, to whom you are married, and when and where the wedding took place. You can get this at the AIT.

[Northcoast Surfer]

It's my understanding that for the purposes of applying for a Green Card for my soon to be wife, if my home state (Iowa) recognizes our marriage in Taiwan, she can apply for a Green Card immediately. If they don't, then we have to live in the states for two years before being able to apply for the green card. I've been bounced around a few offices tonight while trying to get info on this, but I figured I'd bounce this off of anyone who might be in the know here in Taiwan. Is my understanding of the situation accurate, and if so does anyone know where a list can be found of states that recognize a marriage in Taiwan? Thanks!

I'm sorry, but your understanding is incorrect. Whether or not the State of Iowa recognizes your marriage in Taiwan is irrelevant for the purposes of applying for a green card for your Taiwanese wife. The green card falls under the purvey of the US Federal Government and not individual state governments. The specific department is the US Citizenship and Immigration Services (USCIS) under the US Department of Homeland Security. The specific page which you need to familiarize yourself with is obtaining a green card for a family member, your wife. Here you will find all the laws and regulations, procedures, and forms necessary to complete an application for a green card for your wife.

To answer your specific question regarding living for two years in America before applying for a green card. That is incorrect. You can apply for a green card for her now, while you're here in Taiwan with her*. You just need to go to the AIT and pick up an immigrant visa petition (I-130), fill out the mountain of paperwork, make an appointment, and hopefully pass the immigration interview. If she is approved for permanent residency, she will get the appropriate immigrant visa, you and her will head to the US and then proceed to immigration to get her green card. That's it.

*U.S. citizens residing in Taiwan may file immediate relative immigrant visa (I-130) petitions at the American Institute in Taiwan (AIT). To file an immediate relative immigrant visa petition at AIT, U.S. citizen petitioners must be able to demonstrate that they have permission to reside in Taiwan, and have been doing so continuously for at least six months before filing the petition. Individuals who are in Taiwan on a temporary status, such as tourists or students, would not be considered to meet the residency standard.

Get a Green Card While Outside the United States

If you are currently outside the United States and are an immediate relative of a U.S. citizen, you can become a permanent resident through consular processing. Consular processing is when USCIS works with the Department of State to issue a visa on an approved Form I-130 petition when a visa is available. You may then travel on the visa and will officially become a permanent resident when admitted at a U.S. port of entry. For more information on consular processing for immediate relatives of U.S. citizens, see the “Consular Processing” link to the left under “Green Card Processes & Procedures.” The Department of State will notify you when you are eligible to apply for an immigrant visa. If you do not apply for an immigrant visa within one year following notification from the Department of State, your petition may be terminated.

Doing this by yourself is going to be very time consuming. I suggest you start reading now. Good luck.

[Tempo Gain]

It's my understanding that for the purposes of applying for a Green Card for my soon to be wife, if my home state (Iowa) recognizes our marriage in Taiwan, she can apply for a Green Card immediately. If they don't, then we have to live in the states for two years before being able to apply for the green card.

I agree with the previous posters. Leaving aside what's been said, this is counter-intuitive; under what auspices would your wife live in the States for two years without a green card? That's what it's for in the first place.

[drvelocity]

Sorry, I never thanked you two for the responses - thanks!

[the_thin_man]

"U.S. citizens residing in Taiwan may file immediate relative immigrant visa (I-130) petitions at the American Institute in Taiwan (AIT). To file an immediate relative immigrant visa petition at AIT, U.S. citizen petitioners must be able to demonstrate that they have permission to reside in Taiwan, and have been doing so continuously for at least six months before filing the petition. Individuals who are in Taiwan on a temporary status, such as tourists or students, would not be considered to meet the residency standard."

It's my understanding that this is no longer true. "Effective Aug. 15, 2011, petitioners residing in countries without USCIS offices will be able to file a Petition for an Alien Relative (Form I-130), with the USCIS Chicago Lockbox facility."

You can no longer file an I-130 at AIT except perhaps for special cases. All applications run through the Chicago facility. This is very good for me as I am here on a tourist visa and will not be able to meet the requirement of residing in Taiwan continuously for 6 months before filing the petition.

Am I correct on this?

[tommy525]

http://www.uscis.gov/portal/site/uscis/ ... f3d6a1RCRD

http://www.uscis.gov/portal/site/uscis/ ... f3d6a1RCRD


http://www.visapro.com/Immigration-Articles/?a=349&z=84

[Timabee]

My Taiwanese wife and I just completed the journey from Fiancee Visa to Permanent Residence (Green Card). Our situation was somewhat different than the OP as we completed the majority of the process with both of us physically in the U.S. As mentioned by one of the other posters, USCIS is the designated authority. Their website uscis.gov is fairly user friendly with all the forms instructions etc. you are likely to need.

The following are excerpts from a document entitled "I am a U.S. Citizen..How do I help my relative become a U.S. Permanent Resident." which can be found at the site.

Form I-130 - Petition for Alien Relative: This form establishes the family relationship that exists between you and your relative. Sometimes the I-130 can be filed together with an application for permanent residence (Form I-485 - Application to Register Permanent Residence or Adjust Status).

If your relative is outside the United States, filing a Form I-130 does not allow them to live or work in the United States. A Form I-130 petition only establishes your relationship to your relative. Your relative should wait outside the United States to immigrate legally. If your [spouse]...is already in the United States after having entered legally, they can apply to adjust their status to permanent resident (Form I-485) at the same time you file the Form I-130 petition.

Each person who immigrates based on a relative's petition must have a financial sponsor. If you choose to sponsor your relative's immigration by filing a Form I-130, when the time comes for your relative to immigrate, you must agree to to his/her financial sponsor by filing Form I-864 - Affidavit of Support.

Just a couple of notes from our experience
Approval time for the Form I-130 was about 4 1/2 months (including a slight delay in obtaining required fingerprints from the designated USCIS office due to a significant snowstorm on our appointment date. We were initially issued a "Conditional Permanent Residence Card" which is good for 2 years. My wife was able to travel internationally and could have worked if she so chose during the conditional period. We were notified just prior to expiration of the Conditional Card that we were required to file a Form I-751 - Application to Remove Conditions in order to obtain an unconditional Permanent Resident Card (good for 10 years). The Form I-751 took roughly 6 months to process. As a final note, I would say that the documentation requirements from my wife's initial application to enter the U.S. the final approval entry are often duplicative. I think we ultimately provided 2 complete sets of biographical data (2 for each of us) including names, addresses, birth date etc. of my parents and my wife's parents and 3 sets of fingerprints for my wife two of which could only be processed at a specific USCIS office.

Feel free to PM if you have specific questions.

Good luck.