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Green Card Through Marriage: Your Path to U.S. Residency
So, you're in love and want to build a life together in the United States? Getting a green card through marriage is a common path, but it can seem daunting. This guide breaks down the process in a way that's easy to understand. Let's get started!
How to Get Green Card in USA by Marriage: Is This Right for You?
First, you need to be legally married to a U.S. citizen or a lawful permanent resident (green card holder). The marriage must be valid, meaning it's legal in the place where it occurred, and you both entered into it genuinely. The U.S. government looks for signs of a real relationship, not just a marriage for immigration purposes.
How to Get Green Card in USA by Marriage: The Basic Requirements
To qualify for a green card through marriage, both you and your spouse must meet certain criteria:
- The U.S. Citizen/Green Card Holder Spouse: They must prove their U.S. citizenship or green card holder status. They also need to show they can financially support you, so you don't become a burden to the government.
- The Immigrant Spouse: You need to be admissible to the U.S. This means you can't have certain criminal records or health issues that would disqualify you.
How to Get Green Card in USA by Marriage: Starting the Process - Filing the Petition
Your U.S. citizen or green card holder spouse starts the process by filing Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS). This form establishes the relationship between you and your spouse.
How to Get Green Card in USA by Marriage: What Happens After the Petition?
Once USCIS approves the I-130 petition, the next step depends on whether you are already in the U.S. or living abroad.
- If You Are in the U.S.: You can file Form I-485, Application to Register Permanent Residence or Adjust Status, to become a permanent resident without leaving the country. This is called "adjustment of status."
- If You Are Outside the U.S.: You'll go through consular processing. The National Visa Center (NVC) will handle your case, and you'll eventually have an interview at a U.S. embassy or consulate in your home country.
How to Get Green Card in USA by Marriage: Proving a Bona Fide Marriage
USCIS wants to make sure your marriage is the real deal. You'll need to provide evidence of your relationship, such as:
- Joint bank accounts
- Lease or mortgage agreements
- Photos together
- Affidavits from friends and family
How to Get Green Card in USA by Marriage: The Interview
Whether you adjust status in the U.S. or go through consular processing, you'll likely have an interview. A USCIS officer or consular officer will ask you questions about your relationship to ensure it's genuine. Be honest and consistent in your answers.
How to Get Green Card in USA by Marriage: Conditional Green Card (If Applicable)
If you have been married for less than two years when you receive your green card, it will be a conditional green card, valid for two years. To remove the conditions, you and your spouse must file Form I-751, Petition to Remove Conditions on Residence, within the 90 days before your conditional green card expires.
How to Get Green Card in USA by Marriage: Celebrities Who Navigated This Path
Many celebrities have gone through the process of obtaining a green card through marriage.
- Who is Salma Hayek? Salma Hayek is a Mexican-American actress and producer. She married French businessman Francois-Henri Pinault.
How to Get Green Card in USA by Marriage: What if Things Go Wrong?
Sometimes, things don't go as planned. If your I-130 or I-485 is denied, you may be able to appeal the decision or file a new application. It's best to consult with an immigration attorney if you face any challenges.
How to Get Green Card in USA by Marriage: How Long Does It Take?
The processing times for a green card through marriage vary depending on the USCIS office, your country of origin, and other factors. It can take anywhere from several months to over a year. Be patient and keep checking the status of your case online.
How to Get Green Card in USA by Marriage: Can I Work While My Application Is Pending?
If you are adjusting status in the U.S., you can apply for an Employment Authorization Document (EAD) by filing Form I-765. This will allow you to work legally while your green card application is pending.
How to Get Green Card in USA by Marriage: Getting Help
Navigating the immigration system can be confusing. An experienced immigration attorney can provide valuable guidance and help you avoid costly mistakes.
In Summary: Your Green Card Journey
Getting a green card through marriage is a significant step. With careful preparation and a good understanding of the process, you can increase your chances of a successful outcome. Remember to gather all required documents, be honest in your application, and seek professional help when needed. Good luck!
Q & A: Getting a Green Card Through Marriage
- Question: What's the first step in getting a green card through marriage?
- Answer: Your U.S. citizen or green card holder spouse needs to file Form I-130 with USCIS.
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