If you are a non-US national married to a US citizen or permanent resident and wish to migrate to the United States, obtaining a Green Card through marriage is one of the available options.
However, before diving into the application process, let’s consider the eligibility criteria set forth by the United States Citizenship and Immigration Services (USCIS). Here are the key factors you need to consider:
Applying from Overseas
To be eligible for an immigrant visa, you must meet the requirements established by USCIS for granting such visas.
This includes demonstrating a valid and genuine marital relationship with a US citizen or permanent resident spouse.
Applying from the US
If you are already in the United States, you can apply for a Green Card through marriage by completing and filing Form I-485, which is the application to adjust your status to that of a lawful permanent resident.
This process is applicable if you have legally entered the US and have undergone inspection by immigration authorities.
Inspected and Paroled into the US
Being inspected and paroled into the United States is a prerequisite for eligibility.
This means that you must have entered the US lawfully and gone through the required inspection process by immigration authorities.
Current Marriage Status
Your marriage must be genuine, existing, and not solely entered into to obtain immigration benefits.
USCIS will scrutinize your marital relationship to ensure its authenticity.
Form I-130 Completion
As part of the spouse visa application process, your US citizen or permanent resident spouse must have completed and filed Form I-130, the Petition for Alien Relative, on your behalf.
This form establishes the qualifying relationship between the two of you.
No Bars
To be eligible for a Green Card through marriage, you must not be subject to any bars or disqualifications for adjusting your status to a lawful permanent resident.
Certain criminal offences or immigration violations can lead to ineligibility.
Admissible to the US
You must be admissible for lawful permanent residence or eligible for a waiver of inadmissibility or other forms of relief.
Admissibility criteria cover various factors, including health, criminal history, and immigration violations.
Spouse Visa Application Process
Here are the processes you should expect in the spouse visa application process:
Form I-130
Your US citizen or permanent resident spouse must submit Form I-130 on your behalf to establish the qualifying relationship between the two of you. This petition initiates the application process.
Available Visa Number
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, meaning the visa number is immediately available once Form I-130 is approved.
However, spouses of permanent residents may have to wait for a visa number based on the priority date.
Transition to PR in the US
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 in your home country.
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.
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.
How to Main Your PR
Obtaining a Green Card through marriage is a significant milestone, but it also comes with responsibilities to maintain your permanent resident status in the US.
Here are some crucial aspects to consider:
- Residency Requirements: You must 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 to apply for a Green Card 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.
How long till 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
Remember, a Green Card comes with the responsibility of maintaining a permanent residence in the United States, so it’s essential to be aware of the requirements for continued lawful permanent residency.
Seeking professional guidance can also ensure a smooth and successful application process for those looking to migrate to the US with a spouse visa.
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