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Applying for a Marriage Green Card: A Comprehensive Guide

Eligibility and Overview of the Marriage Green Card Process

Eligibility Criteria

  • The foreign national spouse (beneficiary) must be married to a U.S. citizen or a lawful permanent resident (petitioner).
  • The marriage must be valid, legitimate, and recognized by the laws of the place where it was performed.

Overview of the Application Process

  • The process involves filing several forms with U.S. Citizenship and Immigration Services (USCIS) and potentially the National Visa Center (NVC) for consular processing. More details can be found on the USCIS website.
  • The application can be filed either through Adjustment of Status (AOS) if the beneficiary is in the U.S. or through consular processing if the beneficiary is abroad.

Importance of Documentation

  • Accurate and comprehensive documentation is crucial for a successful application. This includes proof of marriage, financial support, and identity.

Understanding these basics can help set you on the right path toward obtaining a green card through marriage. For more detailed information, you can visit the U.S. Department of State’s website.

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Documents Required for the Application

  • Proof of U.S. Citizenship or Permanent Residency:
    • U.S. birth certificate
    • Valid U.S. passport
    • Naturalization certificate
    • Certificate of citizenship
    • Consular report of birth abroad
    • Both sides of the Permanent Resident Card
  • Proof of Valid Marriage:
    • Marriage certificate
    • Joint lease
    • Bank account statements
    • Photos together
  • Proof of Termination of Prior Marriage: (if applicable)
    • Divorce decree
    • Spouse’s death certificate
    • Certificate of annulment
  • Financial Documentation:
    • Most recent federal tax return with W-2s and 1099s
    • Pay stubs from the past six months
    • Letter from employer showing proof of employment

Documents for the Foreign National Spouse (Beneficiary)

  • Proof of Identity:
    • Passport
    • Current work permit (if available)
    • Valid government-issued driver’s license
  • Proof of Current Immigration Status:
    • Valid U.S. visa or any other document issued by USCIS showing present status in the U.S.
  • Immigration Documents:
    • Copies of all current and expired immigration documents, including EADs, I-20s, DS-2019s, IAP-66s, I-94s, I-797s, and a complete copy of the passport showing all entries to the U.S.

Additional Required Documents

  • Birth Certificate: Birth certificate listing names of parents, date, and location of birth
  • Photos: Passport-style photos[1]
  • Translations: Any document in a language other than English must be accompanied by a translation[2]
  • Medical Examination Report:
    • Form I-693 Report of Medical Examination and Vaccination Record completed by a designated doctor and in a sealed envelope[3]

Having all these documents ready helps to speed up the application process. It’s important to ensure that all documents are accurate and up-to-date to avoid any delays. For more detailed information, you may visit the USCIS official website.

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Application Process and Additional Requirements

Filing Forms and Supporting Documents

  • Form I-130: Petition for Alien Relative: This form is filed by the U.S. citizen or lawful permanent resident spouse to prove the marriage relationship. The petitioner needs to include proof of citizenship or permanent residency and evidence of a valid marriage [source].
  • Form I-485 or Form DS-260:
    • If in the U.S.: The beneficiary will file Form I-485 to apply for adjustment of status to permanent resident [source].
    • If abroad: The beneficiary will use Form DS-260 for consular processing through a U.S. embassy or consulate [source].

Attending the Green Card Interview

  • Both the U.S. citizen or lawful permanent resident and the foreign national spouse must attend the interview with a USCIS officer.
  • The purpose of the interview is to confirm the marriage is legitimate. Be prepared for questions about your relationship and have evidence of your married life together.
  • Common documents to bring include wedding photos, joint bank account statements, and lease agreements [source].

Processing Times and Costs

  • Processing Times:
    • From 10-23 months for spouses of U.S. citizens living in the U.S.
    • From 29-40 months for spouses of lawful permanent residents [source].
  • Application Costs:
    • $3,005 for couples residing in the U.S.
    • $1,120 for spouses residing outside the U.S. [source].

Following these steps carefully and ensuring that all the necessary documentation is provided can help make the process of applying for a marriage green card smoother and more successful. For additional guidance, visit the USCIS website or consult an immigration attorney.

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