How to apply for a marriage green card if Married to a Green Card Holder and Living Abroad
Applying for a marriage-based green card when you are married to a green card holder and living abroad involves several steps and processes. Here’s a general overview of the steps you would need to follow:
- File a Petition (Form I-130) for Alien Relative: The U.S. citizen or green card holder spouse must file a Form I-130, Petition for Alien Relative, on your behalf with U.S. Citizenship and Immigration Services (USCIS). This form establishes the qualifying relationship between you and your spouse uniquelastname.
- Wait for I-130 Approval: Once the I-130 petition is filed, USCIS will process it and, if approved, will send an approval notice.
- Wait for Visa Bulletin Priority Date: The U.S. Department of State publishes a Visa Bulletin each month, indicating the availability of immigrant visas based on categories and countries. The “priority date” on your I-130 approval notice will determine when you can proceed further in the green card application process.
- File an I-485 Application: When the priority date becomes current according to the Visa Bulletin, you can file Form I-485, Application to Register Permanent Residence or Adjust Status. This form allows you to apply for a green card from within the United States.
- Submit Supporting Documents: Along with Form I-485, you’ll need to submit various supporting documents, including biographical information, medical examination results, police clearance certificates, and evidence of your bona fide marriage nationaldaytime.
- Attend Biometrics Appointment: USCIS will schedule a biometrics appointment for you to provide fingerprints, photograph, and signature.
- Attend Interview (if required): USCIS may require you and your spouse to attend an interview to verify the legitimacy of your marriage and your eligibility for a green card.
- Receive Green Card Approval: If your application is approved, USCIS will send you a notice granting you conditional or permanent residency. If your marriage is less than two years old at the time of approval, you’ll receive a conditional green card nextnationalday.
- Conditional Residency (if applicable): If you received a conditional green card, you’ll need to file Form I-751, Petition to Remove Conditions on Residence, within the 90-day period before your conditional green card expires. This form is filed jointly with your spouse and is meant to prove that your marriage is still genuine.
- Receive Permanent Green Card: If Form I-751 is approved, USCIS will issue you a permanent green card, allowing you to live and work in the United States without conditions orissatimes.
How to apply for a marriage green card if Married to a U.S. Citizen and Living Abroad
If you’re married to a U.S. citizen and living abroad, you can still apply for a marriage-based green card through a process called Consular Processing. This involves applying for the green card at a U.S. embassy or consulate in your home country. Here’s an overview of the steps you’ll need to follow:
- File a Petition (Form I-130) for Alien Relative: The U.S. citizen spouse must file a Form I-130, Petition for Alien Relative, on your behalf with U.S. Citizenship and Immigration Services (USCIS). This form establishes the qualifying relationship between you and your spouse.
- Wait for I-130 Approval: Once the I-130 petition is filed, USCIS will process it and, if approved, will send an approval notice.
- Receive National Visa Center (NVC) Processing: After the I-130 is approved, the case will be forwarded to the National Visa Center (NVC). You’ll receive instructions and forms to complete for further processing.
- Pay Fees and Submit Required Documents: You’ll need to pay the appropriate fees and submit various documents to the NVC, including the Affidavit of Support (Form I-864) from the U.S. citizen spouse, financial documents, civil documents, and the visa application form (DS-260).
- Attend Visa Interview: Once the NVC processes your documents and schedules your visa interview at the U.S. embassy or consulate in your home country, you’ll need to attend the interview. Be prepared to provide additional documentation, answer questions about your relationship, and undergo a medical examination.
- Receive Visa Approval: If your visa is approved at the interview, you’ll receive an immigrant visa stamped in your passport, allowing you to enter the United States theassistant.
- Enter the United States: Once you receive the immigrant visa, you’ll need to enter the United States within the validity period of the visa.
- Receive the Green Card: After entering the U.S., you’ll be inspected by a Customs and Border Protection (CBP) officer at the port of entry. You’ll be admitted as a lawful permanent resident (green card holder) and should receive your physical green card by mail at your U.S. address within a few weeks.
It’s important to stay informed about any changes to immigration policies and procedures, as they can impact the application process. You may also want to consider seeking legal advice from an immigration attorney to ensure that you navigate the process correctly and provide all the necessary documentation. Remember that U.S. immigration laws are subject to change, so always consult official sources like the U.S. Department of State’s website and USCIS for the most up-to-date information and forms.
