What is a marriage green card?
A marriage green card, officially known as a “Permanent Resident Card,” is a document issued by the U.S. government to foreign nationals who are married to U.S. citizens or permanent residents and wish to live and work in the United States on a permanent basis. This card grants the foreign spouse the status of a lawful permanent resident, allowing them to live and work in the U.S. indefinitely.
To obtain a marriage green card, the foreign spouse typically needs to go through a two-step process:
- Immigrant Petition: The U.S. citizen or permanent resident spouse must file a petition on behalf of the foreign spouse. For U.S. citizens, this is usually filed using Form I-130, while permanent residents use Form I-130A. This petition is meant to establish the authenticity of the marital relationship and the intention to live together as a married couple.
- Adjustment of Status or Consular Processing: Once the immigrant petition is approved, the foreign spouse can apply for a marriage green card either through “adjustment of status” if they are already in the U.S. or through “consular processing” if they are outside the U.S. Adjustment of status involves applying for the green card while staying in the U.S., while consular processing involves attending an interview at a U.S. embassy or consulate abroad.
The process can be complex and involves various forms, documentation, interviews, and background checks to ensure the legitimacy of the marriage and the eligibility of the foreign spouse for permanent residency. It’s important to note that obtaining a marriage green card is not guaranteed and the application can be denied if the authorities believe the marriage is fraudulent or if the applicant does not meet the required criteria.
It’s recommended to seek legal advice or consult official U.S. government resources when navigating the process of obtaining a marriage green card, as immigration laws and procedures can change and may be subject to specific circumstances.
How to apply for a marriage green card?
Applying for a marriage green card involves a multi-step process that requires careful attention to detail and adherence to the U.S. immigration laws and procedures. Here is a general overview of the steps involved in applying for a marriage green card:
Step 1: Determine Eligibility:
- The sponsoring spouse must be a U.S. citizen or a lawful permanent resident (green card holder).
- The marriage between the U.S. citizen or green card holder and the foreign spouse must be legally valid and genuine, not entered into for the purpose of evading immigration laws.
Step 2: File the Immigrant Petition:
- The U.S. citizen or green card holder spouse files Form I-130, Petition for Alien Relative, on behalf of the foreign spouse.
- Supporting documentation is required to establish the authenticity of the marriage, including marriage certificates, joint financial records, photos, affidavits from friends and family, and other evidence of a bona fide marital relationship.
Step 3: Wait for Petition Approval:
- Once the Form I-130 is approved by U.S. Citizenship and Immigration Services (USCIS), the foreign spouse can move on to the next step.
Step 4: Choose Adjustment of Status or Consular Processing:
- If the foreign spouse is in the U.S., they can choose to apply for adjustment of status by filing Form I-485, Application to Register Permanent Residence or Adjust Status.
- If the foreign spouse is outside the U.S., they will need to go through consular processing by attending an interview at a U.S. embassy or consulate.
Step 5: Apply for Work and Travel Authorization (if applicable):
- If applying for adjustment of status, the foreign spouse can also file Form I-765, Application for Employment Authorization, to get permission to work in the U.S.
- Form I-131, Application for Travel Document, can be filed alongside Form I-485 to request permission for international travel while the green card application is pending.
Step 6: Attend Biometrics Appointment:
- USCIS will schedule a biometrics appointment for the foreign spouse, during which fingerprints, photographs, and other biographical information will be collected.
Step 7: Attend Green Card Interview:
- If applying for adjustment of status, the foreign spouse and the sponsoring spouse will be required to attend an interview with a USCIS officer. This interview is meant to verify the authenticity of the marriage and assess the eligibility of the foreign spouse for permanent residency.
- For consular processing, the foreign spouse will attend an interview at a U.S. embassy or consulate abroad.
Step 8: Receive Decision:
- After the interview, USCIS or the consulate will make a decision on the green card application.
- If approved, the foreign spouse will receive their marriage green card, granting them permanent residency.
It’s important to note that the process can vary based on individual circumstances, changes in immigration laws, and other factors. Consulting the official USCIS website or seeking legal advice is highly recommended when applying for a marriage green card to ensure accuracy and compliance with the latest requirements thebirdsworld.
What documents do I need to submit with a marriage green card application?
When applying for a marriage green card, you will need to provide a variety of documents to support your application and establish the legitimacy of your marital relationship. The exact documents required can vary based on your individual circumstances, whether you are applying for adjustment of status within the U.S. or consular processing from abroad. Here is a general list of documents you may need to submit:
- Form I-130, Petition for Alien Relative (Filed by the U.S. citizen or green card holder spouse):
- Copy of the marriage certificate.
- Proof of the sponsoring spouse’s U.S. citizenship or green card status.
- Form I-485, Application to Register Permanent Residence or Adjust Status (If applying for adjustment of status within the U.S.):
- Passport-style photos.
- Copy of birth certificate.
- Copy of passport biographic page.
- Copy of Form I-94, Arrival/Departure Record.
- Form I-693, Report of Medical Examination and Vaccination Record (sealed envelope from a designated civil surgeon).
- Proof of relationship to the sponsoring spouse (marriage certificate).
- Proof of legal entry (if applicable) such as visa stamps or Form I-797 approval notices for previous visa applications.
- Police clearance certificates from your home country and any other country you’ve lived in.
- Certified copies of court and police records if you’ve been arrested or convicted of certain crimes powered by shutter v0.1.4 comments.
- Affidavit of Support (Form I-864) from the sponsoring spouse or joint sponsor, along with financial evidence to prove the sponsor’s ability to financially support you.
- Form DS-260, Immigrant Visa and Alien Registration Application (If applying through consular processing from abroad):
- Passport-style photos.
- Birth certificate.
- Marriage certificate.
- Passport biographic page.
- Police clearance certificates from your home country and any other country you’ve lived in.
- Certified copies of court and police records if you’ve been arrested or convicted of certain crimes.
- Affidavit of Support (Form I-864) from the sponsoring spouse or joint sponsor, along with financial evidence.
- Medical examination results (arranged by the U.S. embassy or consulate).
- Additional Supporting Documents:
- Joint financial records, such as bank statements, tax returns, and leases, to demonstrate shared responsibilities and commingling of finances.
- Affidavits from friends, family members, or other individuals who can testify to the authenticity of your marriage.
- Photos of the couple together over the course of the relationship.
- Correspondence or communication history that demonstrates the ongoing nature of the relationship infosportsworld.
It’s important to carefully review the instructions for the specific forms you are filing, as well as any additional guidance provided by USCIS or the U.S. embassy or consulate where you’re applying. Keep in mind that USCIS requirements and procedures can change, so make sure you’re using the most up-to-date information available on the official USCIS website or the U.S. embassy or consulate’s website. If you’re unsure about any aspect of the documentation, book a free consultation with an immigration attorney.