Green Card for Spouses of US Citizen and Permanent Residents
Spouses of U.S. citizens and permanent residents are eligible for a green card, which allows them to live and work in the United States permanently. Applicants are required to prove to USCIS that the couple entered into the marriage in good faith.
There are specific requirements that must be met in order to be eligible for a marriage-based green card. In this blog post, we’ll discuss the requirements, timeline, documents, and process of applying for a spousal visa.
Once the marriage-based green card application is filed, it can take anywhere from six months to 2 years to complete the process. The timeline will depend on whether the non-U.S. citizen spouse is located abroad or in the U.S. and the current backlog of government agencies that process the application.
When applying for a marriage-based green card, you will need to provide a variety of documents to prove that the relationship is bona fide. These documents can include marriage certificate, birth certificates of children, joint bank statements, and evidence of joint residence.
To start the process of obtaining a marriage-based green card the U.S. citizen or permanent resident spouse must file Form I-130, a Petition for Alien Relative, with the United States Citizenship and Immigration Services (USCIS). Once the petition is approved, the non-U.S. citizen spouse can apply for an adjustment of status (Form I-485) or consular processing (DS-260).
How Long Does It Take to Get a Green Card after Marriage?
The time period for obtaining a green card through marriage is individual for each applicant and can vary from case to case. Generally, the process of obtaining a green card through marriage can be divided into three steps: filing the application, waiting for the interview, and attending the interview.
The first step of the process is filing the application. This is done by submitting a Petition for Alien Relative (Form I-130) to U.S. Citizenship and Immigration Services (USCIS). The application must include proof of the couple’s valid marriage, such as a marriage certificate, and evidence of the U.S. citizen or resident’s legal status. After USCIS approves the petition, the applicant must wait for a visa to become available. This process can take anywhere from several months to several years, depending on the applicant’s country of origin.
Once the visa becomes available, the applicant must schedule and attend an interview at the US Embassy or Consulate. The interview is the last step in the process and during the interview the applicant must be able to prove that the marriage is genuine and that the applicant otherwise is admissible in the US as an immigrant.
For couples hoping to obtain a green card through marriage, it is important to understand the process and to begin the application as soon as possible. With the right preparation and understanding of the process, it is possible to obtain a green card through marriage.
Step 1: Submit Form I-130, Petition for an Alien Relative
If you are considering a green card marriage, the first step is to submit Form I-130 with USCIS. This form is the way to prove the validity of the relationship between the spouse and the US citizen. It must be filled out accurately and completely, and must include evidence of the marriage, such as a marriage certificate, as well as proof of bona fide marriage. Once the form is filed, the US Citizenship and Immigration Services will review it and determine if the petition should be approved or denied.
All documentation must be accurate and up-to-date, and any discrepancies can result in delays or even denial of the petition.
The green card marriage process can take anywhere between several months to several years, so it is important to be patient and provide accurate information to ensure a successful application.
Step 2: Submit Form I-485, Adjustment of Status Application
If your Form I-130 was approved, the next step is to apply for Adjustment of Status if you are physically present in the U.S.
First, you must gather all the necessary documents and forms that are required to file Form I-485, Adjustment of Status Application. This includes completing Form I-485, Application to Register Permanent Residence or Adjust Status, along with all supporting documents such as birth and marriage certificates, financial documents, and proof of lawful entry.
Once all the documents are gathered, submit Form I-485, Adjustment of Status Application, along with the filing fee, to the proper USCIS address. If you need to submit any additional documents or evidence, make sure to do so within the designated time frame. After filing Form I-485, Adjustment of Status Application, you will receive a receipt notice confirming that your application was received. In some cases, you may also be asked to attend an interview with a USCIS officer.
It is also important to note that if the US citizen is found to be unable to support the foreign spouse, the application can be denied, so it is essential to provide evidence of the US citizen’s financial ability.
Step 3: Green Card Interview
The green card interview is the final step in the green card marriage process and is typically conducted at the local immigration office. During the interview, the couple will be asked a series of questions about their relationship. Questions may include financial arrangements, living arrangements, and other aspects of their relationship. The officer may also request documentary evidence such as bank statements, photos, and other proof of the couple’s relationship. It is important for the couple to bring any necessary documents to the interview.
The officer will evaluate the couple’s answers and decide if the marriage is genuine. If the marriage petition is approved, the beneficiary will receive their green card. It is important for the couple to be honest and provide accurate information during the interview process. Misrepresenting facts or providing false information can result in the denial of the green card application.
