Marriage Green Card Application Process for Spouses

Marriage inexperienced card is a standard phrase used to explain a everlasting resident card obtained via marriage to a U.S. citizen or lawful everlasting resident. Everlasting residence is an immigration standing that permits a overseas nationwide to stay and work in america completely. Usually, the everlasting resident may additionally select to naturalize as a U.S. citizen as soon as eligible.

A wedding-based inexperienced card might be one of many quickest methods to acquire everlasting residence. The wedding alone doesn’t present any immigration standing to a overseas nationwide. However marriage to a U.S. citizen or everlasting resident is a qualifying relationship for a overseas nationwide to use for immigration advantages like a inexperienced card.

Marriage Inexperienced Card via Adjustment of Standing

Sure people who’re already inside america might be able to apply for the wedding inexperienced card with out leaving. Adjustment of standing is the method of making use of for everlasting residence from inside america. Nonetheless, this profit is simply accessible to those that have an immigrant visa instantly accessible to them. The partner of a U.S. citizen at all times has a visa accessible. That’s as a result of they’re within the instant relative class. On the time of writing this text, spouses of everlasting residents are a present class. Due to this fact, additionally they have an immigrant visa instantly accessible. Nonetheless, this might change sooner or later if the visa backlog grows.

Eligibility to Modify Standing as a Partner

With a view to modify standing to everlasting resident, a partner should usually meet all the following necessities:

• Lawful marriage (from any nation) to the U.S. citizen petitioner; and
• An immigrant visa is instantly accessible (at all times accessible for the partner of U.S. citizen); and
• Lawful entry to the U.S.

The couple have to be legally married, and neither partner might be married to another person on the identical time. This have to be a bona fide marriage. In different phrases, it should not be a faux marriage entered into for the needs of gaining immigration advantages. That is mentioned in additional element under.

Submitting an Adjustment of Standing Software

An adjustment of standing utility is known as a bundle of a number of types and supporting paperwork that the applicant recordsdata with U.S. Citizenship and Immigration Companies (USCIS). The principal utility is Type I-485, Software to Register Everlasting Residence or Modify Standing. An adjustment of standing bundle for a wedding inexperienced card will usually embody the next USCIS types:

• I-485, Software to Register Everlasting Residence or Modify Standing
• I-130, Petition for Alien Relative
• I-130A, Supplemental Data for Partner Beneficiary
• I-864, Affidavit of Help
• I-693, Report of Medical Examination and Vaccination Document
• I-765, Software for Employment Authorization (elective)
• I-131, Software for Journey Doc (elective)

The whole adjustment of standing bundle may also embody a number of supporting paperwork as required by every USCIS kind. This listing relies on the solutions you present on the appliance. For directions on supporting paperwork, please consult with the USCIS web site for every kind or consult with the custom-made submitting directions that CitizenPath gives together with your preparation of the appliance.

CitizenPath gives an reasonably priced and straightforward approach to put together your adjustment of standing bundle on-line. Individuals with straight-forward circumstances can file rapidly. Should you don’t have a straight-forward scenario, we’ll let you know earlier than you even pay for our service. You’ll even have entry to an skilled assist workforce you probably have questions. See full pricing for a typical adjustment of standing bundle and get began right here.

RECOMMENDED: Adjustment of Standing Time Line

Adjustment of Standing Interview

Not all adjustment of standing candidates are required to attend an interview, however marriage-based candidates will at all times have an interview. In case you have a bona fide marriage and in any other case usually are not inadmissible to america, it is best to discover the adjustment of standing interview a easy matter. Usually the interview takes lower than half-hour and ends in a call in your inexperienced card.

Marriage Inexperienced Card via Consular Processing

Candidates who can’t modify standing as described above will apply for everlasting residence via consular processing. That is the method of making use of for a inexperienced card outdoors america. It’s the extra widespread path for many immigrants.

Petitioning a Partner

The consular processing path begins with the U.S. citizen or everlasting resident submitting a petition with USCIS. A wedding-based petition will usually embody the next types:

• I-130, Petition for Alien Relative
• I-130A, Supplemental Data for Partner Beneficiary

Once more, USCIS would require the petitioner to submit a number of supporting paperwork as effectively. Discuss with the USCIS web site or CitizenPath’s customized submitting directions for particulars. CitizenPath may provide help to via consular processing. Put together Varieties I-130 and I-130A rapidly and affordably via our web-based service.

As soon as USCIS approves the I-130 petition, they’ll ahead it to the Nationwide Visa Heart. If an immigrant visa is on the market, the NVC will start scheduling the consular course of. (Keep in mind, there’s at all times an immigrant visa accessible to the spouses of U.S. residents.) For spouses of everlasting residents, the case might reside with the NVC for a number of months whereas ready for the visa to turn into accessible.

Earlier than a consular interview can occur, the NVC will ask the overseas partner to submit the immigrant visa utility (DS-260) and submit a number of supporting paperwork just like the Type I-864, Affidavit of Help. Moreover, there shall be processing charges for the visa utility and affidavit of assist. See what occurs after submitting the petition within the I-130 time line.

Consular Interview

Usually, the interview shall be a U.S. embassy or consulate workplace. The U.S. petitioner is rarely required to attend the interview however can act as a supportive participant in lots of circumstances. Consular interviews are additionally usually below half-hour and can end in an immigrant visa as soon as authorised. For an outline of potential questions and what to take to your consular interview for a wedding inexperienced card, learn Inexperienced Card Interview Questions for Spouses.

Adjustment versus Consular Processing

Only a few folks have a selection between adjustment of standing and consular processing. Nonetheless, some spouses of U.S. residents which are current in america do have this selection. Usually, spouses who’re eligible to regulate standing desire to take action. It permits the overseas partner to remain in america whereas ready for the wedding inexperienced card. Alternatively, consular processing can typically end in faster processing occasions. The commerce off is that the couple could also be separated. Every path has its personal benefits and drawbacks. For an in depth breakdown learn Adjustment of Standing vs Consular Processing.

Grounds of Inadmissibility

Each inexperienced card applicant is checked for inadmissibility earlier than getting into america. If the applicant is already bodily current within the U.S., she or he remains to be checked for inadmissibility earlier than being admitted as a everlasting resident. People with a historical past of legal or terrorist actions, drug abuse, infectious medical issues, or sure different traits will usually not be allowed to enter the U.S.

The next listing summarizes among the main lessons of inadmissibility. In lots of circumstances, a waiver is on the market.

For a extra in-depth dialogue, learn Grounds of Inadmissibility. In case your scenario might embody any of the above situations, please seek the advice of with an immigration legal professional earlier than making an attempt to file any USCIS kind.

Bona Fide Marriage

A wedding-based inexperienced card is without doubt one of the quickest paths to turning into a everlasting resident in america. Due to this, the wedding inexperienced card course of has been susceptible to fraud by sure people that faux a wedding to be able to achieve immigration advantages. Due to this fact, getting a inexperienced card via marriage is carefully scrutinized by USCIS. As part of the appliance course of, you’ll must show that you’ve got an actual, bona fide marriage.

USCIS will scrutinize your case to substantiate there isn’t any try and evade immigration legal guidelines with a fraudulent marriage. Anyone can get a wedding certificates. USCIS will want proof that your marriage is the true factor. Due to this fact, it will likely be essential to submit proof that you just and your partner have a real, bona fide marriage. To determine the bona fides of your marriage, the next gadgets are examples of acceptable types of proof:

• Paperwork displaying co-mingling of economic assets equivalent to joint financial institution accounts, bank card statements, tax returns, insurance coverage insurance policies, dwelling mortgages or different loans
• Paperwork displaying joint possession or property equivalent to a house or auto title
• A lease displaying joint tenancy of a standard residence
• Delivery certificates(s) of kid(ren) born into the wedding
• Affidavits sworn to or affirmed by third events having private information of the bona fides of the conjugal relationship.

It’s really useful that you just submit as many paperwork as potential to strengthen your case.

RECOMMENDED: Finest Proof of Bona Fide Marriage to Help a Spousal I-130 Petition

Undocumented Spouses

Many undocumented spouses are capable of get hold of everlasting residence via marriage. In lots of circumstances, the undocumented spouses of U.S. residents can modify standing on their very own. Nonetheless, there are two essential pre-requisites. The applicant have to be the partner of a U.S. citizen and customarily should have a lawful entry. Undocumented spouses of everlasting residents or people that wouldn’t have a lawful entry ought to search the help of an immigration legal professional.

The overseas partner’s admission to america is a big issue. With a view to modify standing, the undocumented partner might want to show that she or he had a lawful entry to america.

Entered the U.S. with lawful implies that has now expired

Those that have lawfully entered the U.S. have been usually inspected by a Customs and Border Safety (CBP) officer at a port of entry equivalent to an airport, seaport or border crossing. The person would have entered with one of many following:

• Legitimate non-immigrant visa (i.e. vacationer visa, pupil visa or short-term employee visa); or
• Advance parole; or
• Border crossing card; or
• Underneath the Visa Waiver Program.

If that lawful technique of entry has now expired, the immigrant is out of standing and thought of to be undocumented. However it’s potential for the partner of a U.S. citizen to acquire a wedding inexperienced card even after overstaying a visa by a number of years. The applicant might want to present proof of the lawful entry by submitting a duplicate of both a visa stamp or the Type I-94 (Arrival/Departure report) with the I-485 utility.

RECOMMENDED: Making use of for a Inexperienced Card After a Visa Overstay

Entered the U.S. with none visa

An individual that has entered the U.S. with out inspection is usually thought-about to be unlawfully within the U.S. and categorised as “entered with out inspection.” Individuals which have entered with out inspection sometimes snuck throughout the border or entered via a border crossing however prevented inspection (i.e. hiding in a automotive). Even individuals which have been granted Deferrred Motion for Childhood Arrivals (DACA) could also be included on this group.

The scenario turns into rather more sophisticated for spouses that entered the U.S. with out inspection. The undocumented immigrant should return to the house nation to use via the U.S. consulate. Sadly, as soon as an undocumented immigrant enters the U.S., stays for greater than six months after which leaves, she or he triggers a 3- or 10-year bar on reentry. It is a main impediment and requires that the undocumented immigrant submit a waiver utility to USCIS earlier than departing america for the consular interview.

It’s potential for a person with an illegal entry to acquire a inexperienced card via marriage. However this can be a advanced process that requires thorough evaluation by an skilled immigration lawyer. There are dangers concerned. A failed provisional waiver may outcome within the overseas partner being barred from entry to the U.S. For these causes, individuals on this scenario are extremely inspired to seek the advice of with an skilled immigration legal professional earlier than submitting any USCIS types.

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Ok-1 Path for Fiancés

This text is written for {couples} which are already married. {Couples} which are engaged to be married and plan to marry inside america use a special course of. As an alternative, the U.S. citizen petitions to get the overseas fiancé at Ok-1 visa by submitting Type I-129F, Petition for Alien Fiancé. Inside 90 days of arriving in america, the couple should get married and the alien fiancé should modify standing to a everlasting resident by submitting the adjustment of standing utility.

RECOMMENDED: Overview of the Ok-1 Fiancé Visa Course of

U.S. immigration regulation doesn’t allow a everlasting resident to petition a fiancé. There are two choices. If eligible, the everlasting resident can apply for U.S. citizenship. As soon as a U.S. citizen, the petitioner can file Type I-129F and produce his/her fiancé to america. Alternatively, the couple can marry outdoors america. As soon as married, the everlasting resident can petition the partner.

Marriage-Based mostly Inexperienced Playing cards for Similar-Intercourse {Couples}

LGBTQ {couples} which are already married might make the most of the U.S. immigration system as would another opposite-sex married couple. Nonetheless, solely a relationship legally thought-about to be a wedding within the jurisdiction the place it passed off establishes eligibility as a partner for immigration functions. Homosexual folks can’t “legally” marry in each nation of the world. Supplied the wedding is lawful within the state, province or nation the place it passed off, you need to use the identical processes described within the earlier sections of this text.

About CitizenPath

CitizenPath gives easy, reasonably priced, step-by-step steerage via USCIS immigration functions. People, attorneys and non-profits use the service on desktop or cellular gadget to arrange immigration types precisely, avoiding expensive delays. CitizenPath permits customers to strive the service totally free and gives a 100% money-back assure that USCIS will approve the appliance or petition. We offer assist for the Adjustment of Standing Software (Type I-485), Petition for Alien Relative (Type I-130), Citizenship Software (Type N-400), and several other different USCIS types.

Observe to Reader: This publish was initially revealed on September 11, 2018, and has been modified with enhancements.