Introduction to Green Card Through Marriage
A Green Card through marriage is a popular way for foreign-born spouses of US citizens or permanent residents to obtain permanent residency in the United States. The process involves several steps and requires specific forms to be completed and submitted to the relevant authorities.
To apply for a Green Card through marriage, the US citizen or permanent resident spouse must sponsor their foreign-born spouse by filing a petition with the US Citizenship and Immigration Services (USCIS). The sponsor must demonstrate that they can financially support their spouse and that the marriage is genuine.
Eligibility Requirements for Green Card Through Marriage
To be eligible for a Green Card through marriage, the foreign-born spouse must meet certain requirements, including being married to a US citizen or permanent resident, being admissible to the United States, and not being subject to any grounds of inadmissibility. The sponsor must also meet certain requirements, including being a US citizen or permanent resident and being able to financially support their spouse.
In addition to meeting the eligibility requirements, the foreign-born spouse must also undergo a medical examination and provide police certificates from their country of origin and any countries where they have lived for six months or more since the age of 16.
Forms Required for Green Card Through Marriage Application
The forms required for a Green Card through marriage application include Form I-130, Petition for Alien Relative, and Form I-485, Application to Register Permanent Residence or Adjust Status. The sponsor must also complete Form I-864, Affidavit of Support, to demonstrate their ability to financially support their spouse.
Other forms that may be required include Form I-693, Report of Medical Examination and Vaccination Record, and Form I-765, Application for Employment Authorization. The foreign-born spouse may also need to provide additional documentation, such as a valid passport, birth certificate, and marriage certificate.
Green Card Through Marriage Application Process
The Green Card through marriage application process typically begins with the sponsor filing Form I-130 with the USCIS. Once the petition is approved, the foreign-born spouse can apply for a Green Card by filing Form I-485 with the USCIS. The application will be reviewed and the foreign-born spouse will be scheduled for an interview with a USCIS officer.
At the interview, the foreign-born spouse will be required to provide biographic and biometric data, including fingerprints, and answer questions about their marriage and background. The USCIS officer will also review the application and supporting documentation to determine whether the foreign-born spouse is eligible for a Green Card.
Timeline and Cost of Green Card Through Marriage Application
The timeline for a Green Card through marriage application can vary depending on the complexity of the case and the workload of the USCIS. On average, the process can take several months to several years to complete. The cost of the application will also vary, but the sponsor and foreign-born spouse can expect to pay several hundred dollars in filing fees and other expenses.
It is also important to note that the foreign-born spouse may be eligible for a work permit while their Green Card application is pending. To apply for a work permit, the foreign-born spouse must file Form I-765 with the USCIS and pay the required filing fee.
Frequently Asked Questions
What is the difference between a Green Card and a visa?
A Green Card provides permanent residency in the United States, while a visa is a temporary permit to enter the country for a specific purpose, such as work or tourism.
Can I apply for a Green Card through marriage if I am not married to a US citizen?
Yes, you can apply for a Green Card through marriage if you are married to a permanent resident, but the process may take longer and the sponsor must meet certain requirements.
How long does it take to get a Green Card through marriage?
The timeline for a Green Card through marriage application can vary, but it typically takes several months to several years to complete.
Do I need to hire an immigration lawyer to apply for a Green Card through marriage?
While it is not required to hire an immigration lawyer, it is highly recommended to ensure that the application is completed correctly and to avoid any potential issues or delays.
Can I work in the United States while my Green Card application is pending?
Yes, you may be eligible for a work permit while your Green Card application is pending, but you must file Form I-765 with the USCIS and pay the required filing fee.
What happens if my Green Card application is denied?
If your Green Card application is denied, you may be able to appeal the decision or reapply, but you should consult with an immigration lawyer to determine the best course of action.