What are marriage green card application steps?
Applying for a marriage-based green card involves several steps that you and your spouse need to follow. Below is a general overview of the application process. Keep in mind that specific circumstances and immigration laws may vary, so it’s important to consult official sources like the U.S. Citizenship and Immigration Services (USCIS) website and, if needed, seek advice from an immigration attorney.
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Step 1: Determine Eligibility:
- The sponsoring spouse must be a U.S. citizen or lawful permanent resident (green card holder).
- The marriage must be legally valid and not entered into solely for immigration purposes.
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Step 2: File Form I-130, Petition for Alien Relative:
- The sponsoring spouse (the U.S. citizen or green card holder) files Form I-130 to establish the qualifying relationship with the foreign spouse.
- Include required supporting documents, such as marriage certificate, evidence of joint financial responsibilities, and photographs.
- Pay the filing fee.
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Step 3: USCIS Processing of Form I-130:
- USCIS reviews the petition and supporting documents to verify the authenticity of the marriage and the eligibility of the sponsoring spouse.
- If the petition is approved, USCIS notifies the sponsoring spouse and forwards the case to the National Visa Center (NVC).
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Step 4: Affidavit of Support (Form I-864):
- The sponsoring spouse submits Form I-864 to demonstrate the ability to financially support the foreign spouse.
- Include required financial documents, such as tax returns, pay stubs, and proof of assets.
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Step 5: Visa Application:
- If the foreign spouse is outside the U.S., they’ll need to apply for an immigrant visa at the U.S. embassy or consulate in their home country.
- Pay the required immigrant visa application fee.
- Attend a medical examination by a USCIS-approved panel physician.
- Attend an interview at the embassy or consulate. Provide required documents, including the approved Form I-130 petition.
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Step 6: Visa Approval:
- If the immigrant visa is approved, the foreign spouse receives an immigrant visa stamp in their passport.
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Step 7: Entry into the U.S.:
- The foreign spouse enters the U.S. using the immigrant visa.
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Step 8: Adjustment of Status (Form I-485) or Consular Processing:
- If the foreign spouse is already in the U.S., they can file Form I-485 to apply for adjustment of status to become a permanent resident.
- If the foreign spouse is outside the U.S., they’ll enter using the immigrant visa and will become a permanent resident upon entry.
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Step 9: Biometrics and Interview:
- If applying for adjustment of status, attend a biometrics appointment to provide fingerprints and photographs.
- Attend an interview if required by USCIS.
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Step 10: Green Card Approval:
- If the application is approved, the foreign spouse receives a conditional or permanent green card.
It’s important to ensure accuracy and completeness in all forms and documentation submitted. The process can take several months to over a year, and potential delays might occur. Consulting with an immigration attorney can provide you with personalized guidance throughout the application process.
How long does it take to get a marriage green card if your spouse is in the U.S.?
The processing time for obtaining a marriage-based green card when the spouse is already in the U.S. can vary based on factors such as the USCIS service center, caseload, and any potential complications or delays in your specific case. The general timeline for the key stages of the process:
- Form I-130 Processing: After filing Form I-130, Petition for Alien Relative, the processing time can range from several months to over a year. The USCIS processing time can be affected by various factors such as the service center’s workload, the accuracy of your application, and any requests for additional evidence.
- Form I-485 Processing (Adjustment of Status): If the foreign spouse is already in the U.S. and eligible to apply for adjustment of status using Form I-485, the processing time can vary as well. As of my last update, it could take several months to over a year for USCIS to process Form I-485. This includes the time required for biometrics appointments, background checks, and scheduling an interview.
- Biometrics Appointment: After filing Form I-485, the foreign spouse will receive a notice to attend a biometrics appointment to provide fingerprints, photograph, and signature. This step usually occurs within a few weeks to a couple of months after filing.
- Interview: In many cases, USCIS may schedule an interview as part of the adjustment of status process. The interview typically takes place several months after filing Form I-485. During the interview, both spouses will be interviewed to verify the authenticity of the marriage and the eligibility of the foreign spouse for a green card.
- Approval and Issuance of Green Card: If the application is approved, the foreign spouse will receive a conditional or permanent green card. The processing time for this final stage can vary, but it typically takes several weeks to a few months after the interview.
Overall, the entire process of obtaining a marriage-based green card when the spouse is in the U.S. can take anywhere from several months to over a year, depending on various factors. USCIS processing times can change, so I recommend checking the USCIS website for the most up-to-date information on processing times and timelines. Additionally, keep in mind that individual cases can vary, and some cases might experience longer processing times due to specific circumstances or issues that may arise during the process. Read more “list your business in the” “free and paid submission to the” “add your site” statistics
How long does it take to get a marriage green card if the spouse is abroad?
The timeline for obtaining a marriage-based green card for a foreign spouse who is abroad can vary based on factors such as the USCIS service center, U.S. embassy or consulate processing times, and the specific circumstances of your case. Here’s a general overview of the timeline for a marriage green card application when the spouse is abroad:
- Form I-130 Processing: The first step is filing Form I-130, Petition for Alien Relative, with USCIS. The processing time for Form I-130 can vary from several months to over a year, depending on factors such as USCIS workload and any potential requests for additional evidence.
- National Visa Center (NVC) Processing: Once USCIS approves Form I-130, the case is forwarded to the National Visa Center. NVC processing can take several weeks to a few months. During this time, you’ll be required to pay the immigrant visa processing fee and submit required documentation.
- Consular Processing: After NVC processing, the case is sent to the U.S. embassy or consulate in the foreign spouse’s home country. The processing time at the embassy or consulate can vary based on the location and caseload. As of my last update, the time from NVC case completion to visa interview at the embassy or consulate could range from a couple of months to several months.
- Visa Interview and Medical Examination: The foreign spouse will attend a visa interview at the U.S. embassy or consulate. This includes a medical examination by a USCIS-approved panel physician. The interview can take place several weeks to a few months after the NVC case completion.
- Visa Approval and Travel: If the visa is approved, the foreign spouse will receive an immigrant visa in their passport. They can then travel to the U.S. with the immigrant visa.
- Entry into the U.S.: Upon entering the U.S. with the immigrant visa, the foreign spouse will become a permanent resident.
Overall, the entire process of obtaining a marriage-based green card when the spouse is abroad can take anywhere from several months to over a year, depending on various factors and the specific circumstances of your case. Keep in mind that processing times can change, and it’s important to refer to the official USCIS and U.S. embassy or consulate websites for the most up-to-date information on processing times and requirements. Additionally, individual cases may vary, and some cases might experience longer processing times due to specific circumstances or issues that may arise during the process.