The Application Process of Marriage-Based Green Cards
Think of the marriage-based Green Card application process similar to other family-based petitions. In this scenario, your spouse acts as the petitioner, and you, as the beneficiary, seek the Green Card. The process is divided into key stages, and you must handle them precisely and carefully.
File The Form I-130
The application typically begins with your U.S. citizen or LPR spouse filing Form I-130, Petition for Alien Relative, with USCIS. This form solidifies the connection between you and your spouse and initiates the process. Along with Form I-130, supporting evidence proving the genuine nature of the marriage, such as marriage certificates, joint financial records, and photographs, must be submitted.
Attend Interviews & Biometric Appointments
Once USCIS receives and processes the Form I-130, both spouses may be required to attend an interview at a USCIS field office. During the interview, immigration officers will verify the marriage’s authenticity and assess your eligibility for a Green Card. Additionally, you will be scheduled for biometric appointments. This step requires you to provide photographs, fingerprints, and signatures for identity verification purposes.
Apply For Adjustment Of Status (AOS) Or Consular Process
After the petition is approved and the necessary appointments are completed, depending on your circumstances, you can continue with either adjustment of status or consular processing. Adjustment of status involves applying for a Green Card while residing in the United States. Conversely, consular processing entails applying for an immigrant Visa at a U.S. consulate or embassy in your home country.
Receive Conditional Permanent Resident Status
If your marriage is less than two years old when your Green Card is granted, you will attain conditional permanent residency. This status is valid for two years.
Within 90 days before this conditional Green Card expires, you and your partner must jointly file Form I-751. Also referred to as Petition to Remove Conditions on Residence, this form requests to remove the conditions on your permanent resident status. It demonstrates that the marriage was entered into in good faith.
In addition to submitting the form, you must show that the marriage is genuine and ongoing. You need to submit evidence of continued marital union, such as joint bank accounts and shared household expenses. Affidavits from friends and family attesting to the authenticity of the relationship also help.
On the other hand, if your marriage was already three years old when you obtained your Green Card, you will likely not be subject to the conditional status requirement. Instead, you will receive a regular, 10-year permanent residency without conditions.
Pursue Naturalization (Optional)
After maintaining permanent resident status for a specified period, typically three to five years, you may be qualified to pursue U.S. citizenship through naturalization. This process involves meeting additional requirements, including continuous residence, good moral character, physical presence, and passing an English language and civics test.
While optional, naturalization offers full participation in U.S. civic life and additional benefits, such as voting rights and eligibility for federal jobs.
The overall process for a marriage-based Green Card is an undertaking that needs enormous time and resources. It’s an affair that leaves no room for mistakes. You can employ helpful strategies to avoid application delays or denials.
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