How to Obtain a US Green Card Through Marriage: A Detailed Guide
Obtaining a US green card through marriage to a US citizen or lawful permanent resident can be a complex process. This detailed guide aims to simplify the steps involved in securing a green card through marriage and offers useful tips to help you successfully navigate the process.
Eligibility Criteria
Before applying for a green card through marriage, it is essential to determine if you meet the eligibility criteria. The primary requirements are:
- Marriage to a US citizen or lawful permanent resident (LPR)
- Valid, bona fide marriage (not entered into solely for immigration purposes)
- Admissibility to the United States
Both the US citizen/LPR and the foreign spouse must provide evidence to prove that their marriage is genuine and not solely for immigration purposes. This includes documentation showing that they share a life together, such as joint bank accounts, shared property, or joint tax returns.
Application Process
The application process for obtaining a green card through marriage depends on the immigration status of the US citizen or LPR spouse and the location of the foreign spouse.
If the US Citizen/LPR Spouse is Living in the United States
If the US citizen or LPR spouse resides in the United States, the foreign spouse can apply for a green card through Adjustment of Status (AOS). The process involves the following steps:
- File Form I-130, Petition for Alien Relative: The US citizen or LPR spouse must file Form I-130 with USCIS to establish the relationship between the two spouses.
- File Form I-485, Application to Register Permanent Residence or Adjust Status: After receiving the receipt notice for Form I-130, the foreign spouse can file Form I-485 to apply for a green card. This form must be accompanied by supporting documents, including a medical examination report, proof of admissibility, and evidence of the bona fide marriage.
- Attend a Biometrics Appointment: After filing Form I-485, the foreign spouse will be scheduled for a biometrics appointment to have their fingerprints, photograph, and signature taken.
- Attend an Interview: USCIS may schedule an interview for the couple to verify the legitimacy of their marriage and assess the foreign spouse’s eligibility for a green card.
- Receive the Decision: If the application is approved, the foreign spouse will be granted a green card. If the marriage is less than two years old at the time of approval, the foreign spouse will receive a conditional green card valid for two years. The couple must file Form I-751 to remove the conditions on the foreign spouse’s permanent residence before the two-year expiration date.
If the Foreign Spouse is Living Abroad
If the foreign spouse resides outside the United States, they can apply for a green card through Consular Processing. The process involves the following steps:
- File Form I-130, Petition for Alien Relative: Similar to the AOS process, the US citizen or LPR spouse must file Form I-130 with USCIS to establish their relationship.
- Wait for I-130 Approval and Case Transfer to the National Visa Center (NVC): Once the Form I-130 is approved, the case will be transferred to the NVC, which will handle the visa application process.
- Submit DS-260, Immigrant Visa Application: The foreign spouse must complete and submit the DS-260 form online, providing personal, family, and immigration history information.
- Submit Supporting Documents to NVC: The NVC will request various supporting documents, including civil documents, a medical examination report, proof of admissibility, and evidence of the bona fide marriage.
- Pay the Required Fees: The foreign spouse must pay the required fees for visa processing and the green card issuance.
- Attend an Interview at the US Embassy or Consulate: The foreign spouse will be scheduled for an interview at a US embassy or consulate in their home country. The consular officer will verify the legitimacy of the marriage and assess the foreign spouse’s eligibility for a green card.
- Receive the Decision: If the application is approved, the foreign spouse will be issued an immigrant visa. They must enter the United States within six months of visa issuance. Upon entry, the foreign spouse will receive their green card by mail. If the marriage is less than two years old at the time of visa issuance, the foreign spouse will receive a conditional green card valid for two years. The couple must file Form I-751 to remove the conditions on the foreign spouse’s permanent residence before the two-year expiration date.
Tips for a Successful Application
Applying for a green card through marriage can be a lengthy and complex process. To improve your chances of success, consider the following tips:
- Gather Comprehensive Documentation: Provide thorough and accurate documentation to support your application, including evidence of your genuine marriage, financial support, and admissibility.
- Prepare for the Interview: Anticipate the types of questions you may be asked during your interview and practice your answers with your spouse. Ensure that you both are on the same page regarding your relationship’s details.
- Seek Professional Assistance: If you are unsure about any aspect of the application process, consider consulting with an experienced immigration attorney to help guide you through the process.
- Be Patient: The green card application process can take several months or even years to complete. Stay patient, stay informed, and follow all instructions provided by USCIS or the NVC.
In conclusion, obtaining a US green card through marriage is a complex process that requires careful planning and thorough documentation. By following the steps outlined in this guide, understanding the eligibility criteria, and being well-prepared for the application process, you can improve your chances of success in obtaining permanent residency in the United States.