Applying for a marriage-based green card when the beneficiary is already in the U.S. involves a series of steps and a comprehensive understanding of the process. Here’s a detailed guide on how to navigate through the application process:
- Determine Eligibility: Before you start the application process, ensure that both the petitioner (the U.S. citizen or permanent resident spouse) and the beneficiary (foreign spouse) meet the eligibility requirements for a marriage green card. Generally, you must be legally married and have a bona fide, genuine marital relationship.
- Choose the Appropriate Petition: The U.S. citizen or permanent resident spouse needs to file Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS). This form establishes the relationship between the petitioner and the beneficiary and is the first step in the process.
- Wait for Approval: After filing the Form I-130, you will need to wait for USCIS to process and approve the petition. This can take several months. Once approved, USCIS will notify you and forward the approved petition to the National Visa Center (NVC) for further processing.
- Affidavit of Support: The U.S. petitioner will need to complete Form I-864, Affidavit of Support, to demonstrate that they have the financial means to support the beneficiary. This form is required to ensure that the beneficiary won’t become a public charge.
- Choose the Adjustment of Status Process: If the beneficiary is already in the U.S., they can apply for a green card through the adjustment of status process. This requires filing Form I-485, Application to Register Permanent Residence or Adjust Status. This form allows the beneficiary to apply for permanent resident status without leaving the U.S.
- Biometrics Appointment: After submitting Form I-485, the beneficiary will receive a notice for a biometrics appointment. This appointment involves providing fingerprints, photographs, and a signature for background checks.
- Attend Interviews: In most cases, the beneficiary and petitioner will be required to attend an interview at a USCIS office. The interview is a crucial step where the USCIS officer assesses the authenticity of the marriage and verifies the information provided in the application.
- Receive Decision: After the interview, USCIS will make a decision on the green card application. If approved, the beneficiary will receive a Welcome Notice with instructions on how to obtain their green card.
- Conditional Green Card (if applicable): If the beneficiary has been married for less than two years at the time of approval, they will receive a conditional green card that is valid for two years. Before the expiration of the conditional green card, the beneficiary will need to apply for removal of conditions by filing Form I-751 to prove that the marriage is still genuine.
- Receive Permanent Green Card: If the conditions are successfully removed, the beneficiary will receive a permanent green card, valid for ten years. This card allows them to live and work in the U.S. indefinitely.
It’s important to note that immigration laws and procedures can change, so it’s recommended to refer to the official USCIS website or consult with an immigration attorney for the most up-to-date information and guidance throughout the application process.
What documents must be submitted in support of a marriage green card application?
When applying for a marriage-based green card, you’ll need to provide a variety of documents to support your application. These documents help establish the authenticity of your marital relationship and ensure that you meet the eligibility requirements. While the exact documents required can vary based on individual circumstances and the specific immigration forms you’re filing, here’s a general list of documents you may need:
- Proof of Identity and Status:
- Passport for both the beneficiary and the petitioner.
- Birth certificates for both the beneficiary and the petitioner.
- Marriage certificate to establish the marital relationship.
- Evidence of Genuine Marriage:
- Photos of the couple together over time (wedding, family gatherings, trips, etc.).
- Joint bank account statements or other financial accounts.
- Lease or mortgage agreements showing joint residence.
- Correspondence addressed to both spouses at the same address.
- Affidavits from family members, friends, or acquaintances who can attest to the legitimacy of the marriage.
- Affidavit of Support (Form I-864) Documents:
- Proof of the petitioner’s U.S. citizenship or lawful permanent resident status.
- Recent tax returns (typically the last three years) and W-2s or 1099s.
- Employment verification letter and recent pay stubs.
- Any other evidence of income or financial assets.
- Proof of Beneficiary’s Legal Status:
- Copies of visa stamps, Form I-94 (Arrival/Departure Record), or any other evidence of the beneficiary’s legal entry into the U.S.
- Medical Examination Results:
- Documentation of the medical examination performed by an approved panel physician, typically Form I-693.
- Form I-130, Petition for Alien Relative:
- Completed and signed Form I-130.
- Any required filing fees.
- Form I-485, Application to Register Permanent Residence or Adjust Status:
- Completed and signed Form I-485.
- Any required filing fees.
- Two passport-style photographs for each applicant.
- Form I-864, Affidavit of Support:
- Completed and signed Form I-864 by the petitioner.
- Supporting documents as listed in the Form I-864 instructions.
- Biometrics Appointment Notice:
- A copy of the notice for the biometrics appointment, which is usually provided after filing Form I-485.
- Other Documents:
- Any additional documents that provide evidence of your relationship, financial situation, or other relevant information.
Remember that specific requirements may vary based on your unique situation and the U.S. Citizenship and Immigration Services (USCIS) guidelines at the time of your application. It’s essential to carefully review the instructions for each form you’re submitting and follow any updates provided by USCIS. Consulting with an immigration attorney or using USCIS resources can help ensure that you submit a complete and accurate application package.
How much does it cost to apply for a marriage green card?
The cost of applying for a marriage green card in the United States can vary depending on several factors, including the specific forms you need to file, the petitioner’s U.S. citizenship or permanent resident status, and whether the beneficiary is already in the U.S. or applying from abroad. Here are some of the typical costs associated with the process:
- Form I-130, Petition for Alien Relative:
- Filing Fee: The filing fee for Form I-130 is $535.
- Form I-485, Application to Register Permanent Residence or Adjust Status:
- Filing Fee: The filing fee for Form is $1,140 for applicants 14 to 78 years old.
- Biometrics Fee:
- Biometrics Appointment Fee: This $85 fee covers the cost of the biometrics appointment for fingerprinting and photographing.
- Form I-864, Affidavit of Support:
- There is no filing fee for Form I-864. However, the petitioner is required to demonstrate their ability to financially support the beneficiary.
- Medical Examination:
- The cost of the required medical examination by an approved panel physician can vary.
Additionally, USCIS may update fees periodically, so it’s important to check the USCIS website or consult with an immigration attorney for the most current fee information before filing your application.
It’s also worth noting that USCIS offers fee waivers for certain individuals who demonstrate financial hardship. These waivers are subject to specific eligibility criteria. Always refer to the official USCIS website for the most accurate and up-to-date fee information and guidelines.
