Who is eligible for a marriage green card?
A marriage-based green card, officially known as lawful permanent residence in the United States, can be obtained through marriage to a U.S. citizen or a lawful permanent resident (green card holder). However, the eligibility criteria and process can vary depending on whether the sponsoring spouse is a U.S. citizen or a green card holder.
Here are the general eligibility requirements for obtaining a marriage-based green card:
Marriage to a U.S. Citizen:
- The petitioner (U.S. citizen spouse) must be at least 18 years old and have legal status as a U.S. citizen.
- The marriage must be legally valid in the jurisdiction where it took place.
- Both spouses must have a genuine and bona fide marriage, meaning the marriage was not entered into solely for immigration benefits.
- The foreign spouse (beneficiary) must be physically present in the United States at the time of filing the green card application (Adjustment of Status) if they entered the U.S. legally.
- The foreign spouse must not have engaged in any fraudulent activities or misrepresentation during the immigration process.
Marriage to a Green Card Holder:
- The petitioner (green card holder spouse) must have legal status as a permanent resident.
- The marriage must be legally valid in the jurisdiction where it took place.
- The foreign spouse (beneficiary) must be physically present in the United States at the time of filing the green card application (Adjustment of Status) if they entered the U.S. legally.
- Both spouses must have a genuine and bona fide marriage, meaning the marriage was not entered into solely for immigration benefits.
- Visa availability: There may be waiting times based on visa quotas and preference categories for green card holders petitioning for spouses. The beneficiary’s place of birth can also affect eligibility in certain cases.
The process for obtaining a marriage-based green card involves filing Form I-130 (Petition for Alien Relative) to establish the qualifying relationship and Form I-485 (Application to Register Permanent Residence or Adjust Status) to apply for the actual green card. There will be background checks, medical examinations, and interviews as part of the process.
It’s important to note that immigration laws and policies can change over time, and eligibility requirements may vary based on specific circumstances. Consulting with an immigration attorney or accredited representative can help ensure that you have accurate and up-to-date information for your situation.
My spouse is a permanent resident and I live abroad. How can I apply for a green card?
If your spouse is a permanent resident (green card holder) of the United States and you live abroad, you can apply for a green card through a process known as Consular Processing. This process involves several steps that you and your spouse need to follow. Here’s an overview of the steps involved:
- Form I-130, Petition for Alien Relative: Your green card holder spouse (the petitioner) needs to file Form I-130, Petition for Alien Relative, with the U.S. Citizenship and Immigration Services (USCIS). This form establishes the qualifying family relationship between you (the beneficiary) and your spouse. After the I-130 is approved, it will be forwarded to the National Visa Center (NVC).
- NVC Processing: Once the I-130 is approved, the NVC will send you (the beneficiary) instructions for further processing, including the payment of fees and submission of required documentation. You will need to provide information about yourself, your spouse, and your relationship, and you will need to gather and submit various documents, such as civil documents (birth certificates, marriage certificates, etc.) and financial documents.
- Choice of Agent and Affidavit of Support: As part of the NVC process, your spouse will need to submit an Affidavit of Support (Form I-864) to demonstrate their ability to financially support you. Additionally, you will need to designate an agent who will receive communications on your behalf during the visa application process.
- DS-260 Form: After completing the required steps with the NVC, you will need to submit Form DS-260, Application for Immigrant Visa and Alien Registration, online. This form collects your personal information, family history, and other relevant details.
- Visa Interview: Once your DS-260 form is processed, the NVC will schedule an interview appointment at the U.S. embassy or consulate in your country of residence. You will need to attend this interview, during which you will be asked questions about your background, relationship, and eligibility for the green card.
- Medical Examination: Before the visa interview, you will need to undergo a medical examination by a designated panel physician to ensure that you meet the health requirements for immigration.
- Visa Issuance: If your visa application is approved, you will be issued an immigrant visa. This visa will allow you to travel to the United States and seek admission as a lawful permanent resident.
- Entry to the U.S. and Green Card: Once you enter the U.S., you will become a permanent resident. You will receive your physical green card by mail after your arrival.
Keep in mind that the consular processing timeline can vary based on factors such as the specific U.S. embassy or consulate you’re dealing with and any additional processing delays. It’s advisable to closely follow the instructions provided by the NVC and the U.S. embassy or consulate and consult with an immigration attorney if needed to ensure a smooth application process.
How long does it take to obtain a marriage green card?
The timeline for obtaining a marriage-based green card can vary widely based on a variety of factors, including the petitioner’s status (U.S. citizen or green card holder), the beneficiary’s location, the volume of applications being processed, and any potential complications that might arise during the application process. As of my last knowledge update in September 2021, here’s a general outline of the timeline for obtaining a marriage-based green card:
- Filing Form I-130: The processing time for Form I-130, Petition for Alien Relative, can range from several months to over a year, depending on the USCIS workload and the category of the petitioner (U.S. citizen or green card holder).
- Approval of Form I-130: Once the I-130 is approved, the timeline can vary further. If the petitioner is a U.S. citizen, the process might move more quickly compared to if the petitioner is a green card holder.
- Visa Bulletin and Priority Dates: For certain family-sponsored green card categories, there might be waiting periods due to visa quotas and country of origin limitations. This information is available in the monthly Visa Bulletin published by the U.S. Department of State. Your priority date (the date USCIS receives the I-130) must be earlier than the “final action date” in the Visa Bulletin for your category and country.
- NVC Processing and Visa Interview: After the I-130 is approved, if you’re abroad, the National Visa Center (NVC) processing can take a few months. Once you’re eligible to proceed, you’ll need to wait for a visa interview appointment at a U.S. embassy or consulate in your country, which might involve additional wait times.
- Visa Issuance and Entry to the U.S.: If your visa application is approved, you’ll receive an immigrant visa that allows you to enter the U.S. Typically, you’ll have a certain period (usually six months) to enter the U.S. after the visa is issued.
- Green Card Processing: After entering the U.S., you’ll need to file Form I-485, Application to Register Permanent Residence or Adjust Status, to obtain your actual green card. The processing time for this form can vary, but it may take several months.
It’s important to keep in mind that processing times can change due to various factors, and the timelines mentioned above are general estimates. Some cases might be processed faster, while others might take longer due to administrative backlogs, changes in policies, or other unforeseen circumstances.
For the most accurate and up-to-date information, it’s recommended to regularly check the USCIS website, monitor the Visa Bulletin, and consult with an immigration attorney or accredited representative who can provide guidance tailored to your specific situation.
