A marriage-based Green Card allows the spouse of a U.S. citizen or permanent resident to live and work permanently in the United States. In this informative legal guide, we will outline the process and important requirements for obtaining a marriage-based Green Card. Read on to take the first step towards securing your future in the United States.
The first step in obtaining a marriage-based green card is determining eligibility. You must prove several elements to the United States Citizenship and Immigration Services (USCIS), including that your marriage is legal. If your marriage is officially recognized by the government in the country where your marriage took place, your marriage is considered legal. In addition, you must be married to a U.S. citizen or lawful permanent resident. This can be proved by providing a birth certificate, naturalization certificate, green card, or certificate of citizenship. Lastly, your marriage must be legitimate and neither of you can be married to anyone else. If you are unsure whether you fit the necessary criteria, consult with an experienced immigration attorney.
Filling out a Form I-130, also known as a Petition for Alien Relative, is a critical next step. This form establishes the relationship between the U.S. citizen or permanent resident (the petitioner) and the foreign spouse (the beneficiary). The current filing fee for submitting the form is $535, but always be sure to check the USCIS website for the most up-to-date fee information. Form I-130 processing times vary, but they typically range from 7 to 15 months. If you are sending the form via mail, consider using certified mail with a return receipt for proof of delivery.
The next step depends on whether the foreign spouse is already in the U.S. or abroad. If the foreign spouse is in the U.S., they must file Form I-485, Application to Register Permanent Residence or Adjust Status. The current filing fee is $1,225 (includes $1,140 for Form I-485 and $85 for biometrics). There are a number of required documents for this application, such as a copy of the birth certificate, a copy of the passport page with nonimmigrant visa (if applicable), and two passport-style photos. Alternatively, if the foreign spouse is abroad, they should complete a DS-260, Immigrant Visa Electronic Application. The applicant will then attend a visa interview and undergo a medical examination.Â
Regardless of whether you're adjusting your status in the U.S. or applying for an immigrant visa abroad, you'll need to attend a biometrics appointment. This typically occurs 3-5 weeks after filing Form I-485 or after the embassy receives your immigrant visa application. The appointment takes place at a USCIS Application Support Center for those in the U.S., or at the U.S. embassy or consulate for those abroad. During this appointment, you'll be fingerprinted, photographed, and asked to provide your signature. This step is crucial as it allows USCIS to conduct a background check, perform a security clearance, and verify your identity.
The interview is considered one of the most nerve-wracking parts of the immigration process, but with the right support and preparation, you can alleviate much of this stress. If you are adjusting your status in the U.S., both you and your spouse must attend the interview. For consular processing, only the immigrant spouse attends. The interviewing officer may ask a wide range of questions about your relationship, such as how and when you met, when you decided to get married, details about your wedding ceremony, and descriptions of your daily routines. During the interview, it is crucial to answer all questions honestly and consistently. If you do not understand a question, don't hesitate to ask for clarification.
After the interview, USCIS or the consular officer will make a decision on your case. In certain cases, USCIS may issue a Request for Evidence (RFE), asking for additional documents. If this happens, it is important to respond promptly and thoroughly. In the event of a denial, you'll receive a written explanation and may have the option to appeal or refile.
Keep in mind that if you have been married less than two years at the time your Green Card is approved, you will receive a conditional Green Card valid for two years. If you have been married for more than two years, you will receive a permanent Green Card valid for ten years. For those with conditional Green Cards, remember to file Form I-751 to remove conditions 90 days before your card expires.
After successfully obtaining your Green Card, you may eventually wish to take the final step in your immigration journey: becoming a U.S. citizen through naturalization. This will grant you the right to vote, hold public office, and work freely in the U.S. In order to be eligible for naturalization, you must meet several requirements. For example, you must be at least 18 years old, have continuous residence in the U.S., and demonstrate good moral character. To learn more about the naturalization process and whether you are eligible to apply, consult with your immigration lawyer.
Navigating the complex journey from a marriage-based Green Card to U.S. citizenship can seem overwhelming, but with the right guidance, you can achieve your dream. Whether you're just starting your Green Card application or preparing for your naturalization interview, we're here to ensure that your path to a new life in the United States is smooth and stress-free. Schedule a consultation today with Attorney At Law.
