If you are a non-US national married to a US citizen or a permanent resident and want to migrate to the United States, obtaining a Green Card through marriage is one of the options available.
Sit tight, let me show you how this works!
Eligibility Criteria
Before starting the application process, it’s essential to ensure that you meet the eligibility criteria, which include the following:
Applying from Overseas
To be eligible for an immigrant visa, you must meet the requirements set forth by the United States Citizenship and Immigration Services (USCIS) for granting such visas.
Applying from within the US
If you are already in the US, you need to complete and file Form I-485, which is the application to adjust your status to that of a lawful permanent resident.
Inspected and Paroled into the US
You must have entered the US lawfully and undergone inspection by immigration authorities.
Genuine and Existing Marriage with a US Citizen or US Permanent Resident Spouse
Your marriage must be valid, genuine, and not entered into solely to obtain immigration benefits.
Form I-130 Completion
Your US citizen or permanent resident spouse must have completed and filed Form I-130, which is the Petition for Alien Relative, on your behalf to establish the qualifying relationship.
No Bars to Adjust
You must not be subject to any bars or disqualifications for adjusting your status to a lawful permanent resident.
Admissible to the US
You must be admissible for lawful permanent residence or be eligible for a waiver of inadmissibility or other form of relief.
Spouse Visa Application Process
File an Immigrant Petition (Form I-130)
Your US citizen or permanent resident spouse must submit Form I-130 to establish the qualifying relationship between the two of you.
Visa Number Availability
The availability of a visa number depends on whether your spouse is a US citizen or a US permanent resident. Immediate relatives of US citizens have an unlimited visa number supply, while spouses of permanent residents may have to wait for a visa number based on the priority date.
Adjustment of Status or Consular Processing
If you are in the US, you can apply to adjust your status to that of a lawful permanent resident through Form I-485. If you are outside the US, you will need to complete consular processing at a US embassy or consulate.
Medical Examination
Before submitting your application to adjust your status, you will be required to undergo a medical examination with an authorized physician, and the results will need to be included with your application.
Biometrics Appointment
As part of the application process, you will be scheduled for a biometrics appointment at a local USCIS office to provide your fingerprints and photograph.
Adjustment of Status Interview
If you are applying from within the US, you may be asked to attend an adjustment of status interview at a local USCIS office. During the interview, the USCIS officer will verify the information and documentation provided in your application.
Additional Requests and Adjudication
If the USCIS officer requires additional information or documentation, you will be notified and allowed to provide the requested materials. Once the USCIS officer has all the necessary information, they will continue processing your application and make a final decision.
Consular Interview
If you are applying from outside the US, you will attend an immigrant visa interview at a US embassy or consulate in your home country. The consular officer will review your application and ask questions to confirm the accuracy of the information provided.
Visa Issuance and Entry to the US
If your application is approved, you will receive your passport with an embossed immigrant visa stamp. You can then enter the US as a lawful permanent resident by presenting your immigrant visa at a US port of entry.
Green Card Issuance
Once your application is approved, your immigrant visa will serve as evidence of your lawful permanent residency until your physical Green Card is issued. Successful applicants will receive a Green Card that is initially valid for ten years.
Maintaining Permanent Residence
To maintain your permanent resident status in the US, you must:
- Residency Requirements: Continue to reside in the US as your primary and principal home.
- Travel Considerations: Be mindful of long-term or frequent travel outside the US, as it may lead to unintentional abandonment of your permanent resident status.
- Green Card Renewal: Your Green Card is valid for ten years. Before it expires, you will need to apply for a renewal to maintain your permanent resident status.
- Revocation: Serious offences or violations of immigration laws can lead to the revocation of your permanent residence.
FAQs
How can I apply for a Green Card through marriage if I am outside the US?
If you are outside the US, you can apply for a Green Card through marriage by having your US citizen or permanent resident spouse complete and file Form I-130, the Petition for Alien Relative, on your behalf. Once the petition is approved, you will go through consular processing at a US embassy or consulate in your home country to obtain an immigrant visa.
What is the waiting period for obtaining a Green Card through marriage if my spouse is a US citizen?
If your spouse is a US citizen, there is no waiting period for obtaining a Green Card through marriage. Immediate relatives of US citizens, including spouses, have an unlimited supply of immigrant visas, which means the visa number is immediately available once Form I-130 is approved.
Conclusion
Obtaining a Green Card through marriage requires meeting specific eligibility criteria and navigating a multi-step application process.
Your workload is dependent on whether you’re the sponsor or the immigrant.
If you’re applying from within the US or overseas, just follow the appropriate procedures, submit the necessary forms and documentation, and attend interviews as required.
Once granted, a Green Card comes with the responsibility of maintaining a permanent residence in the United States.
I will advise that you seek professional guidance can ensure a smooth and successful application process for those looking to migrate to the US with a spouse visa.