Background
Claudine and Jacque were a newly engaged couple eager to begin their life together in the United States. Originally from Delmas, Haiti, they both immigrated to Canada as teenagers in pursuit of better opportunities. Jacque built a successful career with a U.S.-based cybersecurity company, eventually obtaining a green card through his employment. For several years, he traveled frequently between the U.S. and Canada before finally applying for—and receiving—U.S. citizenship after five years of permanent residency.
Following his naturalization, Jacque proposed to Claudine and filed a K-1 fiancé(e) visa so they could marry and live together in the U.S. However, the couple wanted to start a family as soon as possible. In their culture, infertility carried a strong social stigma, and with Claudine approaching her mid-thirties, they decided not to delay their wedding. As a Canadian citizen, Claudine was able to enter the United States to visit Jacque, and during that time, the couple decided to marry. Although their K-1 visa petition was still pending, their marriage raised new legal questions about how to proceed next.
Case Overview
Claudine and Jacque reached out to Green Card Link through the live chat feature on the family-based green card section of the website. After an initial consultation, our specialists recommended that the couple schedule a detailed legal session with one of the immigration attorneys at Green Card Link to clarify the best path forward given their unique situation. Their main concern was how to move ahead now that they were legally married while still having a pending K-1 visa application.
In situations like this, a U.S. citizen can sponsor their spouse for a marriage-based green card. Once the petition is filed, U.S. Citizenship and Immigration Services (USCIS) typically issues a receipt notice within four to six weeks. Shortly after, the foreign spouse is scheduled for a biometrics appointment at the nearest USCIS office. While Claudine’s green card case was pending, the immigration attorneys at Green Card Link also filed applications for her Employment Authorization Document (EAD) and Advance Parole travel permit, enabling her to work legally in the U.S. and travel internationally once approved. It’s crucial to understand that traveling outside the U.S. before obtaining an Advance Parole document can jeopardize a pending adjustment of status application.
Due to policy changes after COVID-19, USCIS now frequently waives in-person interviews for marriage-based cases that are well-documented. To ensure a smooth process, Green Card Link prepared a comprehensive petition including travel records, photographs, proof of marriage, biographical documents such as passports and visas, and evidence of Jacque’s U.S. citizenship. The petition was carefully organized to meet USCIS standards and facilitate efficient review.
Haitian Marriage Green Card Success Story: Overcoming an RFE with Expert Guidance
The Request for Evidence (RFE) in this case involved the applicant’s medical examination, which is a common step in the marriage-based green card process. Although the applicant had already completed a medical exam as part of the K-1 fiancé(e) visa application, that report was no longer valid for the adjustment of status. This situation is typical, as USCIS requires an up-to-date medical examination for marriage-based green card filings.
At Green Card Link, our immigration attorneys advised the couple to bring their previous medical records to their new exam appointment. This approach allowed the USCIS-approved physician to easily identify what additional information or testing was needed, ensuring that the new medical filing would meet all USCIS requirements.
The Outcome
Within just two months of submitting the RFE response, USCIS approved the marriage-based green card petition. This swift approval demonstrated that careful preparation and a well-structured response can make all the difference, even when faced with additional documentation requests.
How Green Card Link Can Help You
Even though receiving an RFE can feel discouraging, it does not mean your case is in trouble. The immigration attorneys at Green Card Link helped this couple respond thoroughly and effectively, providing the right evidence to satisfy USCIS’s concerns and prevent any delay or denial.
Whether you are navigating a K-1 visa, planning to adjust status through marriage, or dealing with an unexpected RFE, our team is here to help. As seen in this case, there are strategies to accelerate processing and strengthen your petition.
If you’re ready to take the next step toward your marriage-based green card, don’t hesitate to contact Green Card Link today for personalized, professional immigration support.
