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Green Card Through Marriage

Published June 17, 2021 by Brooks Law Firm
Green Card Through Marriage

How Long To Get Green Card After Marriage

Green Card By Marriage

Many people have gained permanent residency in the United States through marriage.  Unlike other ways of becoming a citizen, there is no yearly limit on how many people can gain permanent residency in the United States through marriage. But before an individual becomes a citizen through marriage they must meet several requirements. Get in touch with a immigrant lawyer to learn more about the green card through marriage process.

Process Of Getting Green Card Through Marriage

How To Get A Green Card Through Marriage

The US citizen should file a petition for an alien relative (form I-130) on behalf of their spouse white at the same time the foreign spouse files for Adjustment of Status or form I-485. This allows the foreign spouse to receive a green card without leaving the United States. However, the process may not be that easy if the foreign spouse was in the United States illegally.

The form I-130 has to be filed with other documents to prove that the parties in the relationship are actually in a valid marriage. The most important elements while filing form I-130 includes:

  • A filing fee of $535
  • Driver’s license, U.S passport, birth certificate or other evidence that shows that the sponsoring spouse is a U.S citizen
  • Documents that prove that the marriage is not fraudulent such as a joint bank account, pictures together and more
  • Documents that show the marriage happened legally such as a marriage certificate
  • Evidence that either spouse ended their previous marriage legally if applicable

If the foreign spouse does not live in the United States, they will need to attach the same items above to their I-130 form and pay the $535 filing fee. The US National Visa Center (NVC) will send a packet to the foreign spouse after approving their I-130. There will be a list of information you need to submit on the packet and you will also have to pay a fee of $445.

What Is A Green Card Interview?

Marriage Green Card Process

Green Card Through MarriageThe foreign spouse will have to get interviewed before they get a green card. This interview is the final step in the green card process and its main goal is to verify the validity of your marriage. So, they will ask about your future plans together, your relationship history, and your daily activities.

The foreign spouse will get approved for a green card if they can sufficiently convince the interviewing officer that the marriage is valid.

How Long Does It Take To Get A Marriage Green Card?

Green Card Spouses

The foreign spouse can file form I-148 with the USCIS if they are physically present in the United States. This form is meant to show that the spouse is eligible for a green card. The total time the USA-based foreign spouse will have to wait for a green card is 10 to 13 months if their spouse is a U.S. citizen.

It will take longer if the foreign spouse does not live in the United States but their spouse is a U.S. citizen. If the sponsoring spouse is a green card holder, the other spouse may have to wait between 29 and 38 months.  But if in this situation the foreign spouse lives abroad, it will take a shorter time to get a green card.

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