How To File Marriage Based Green Card?

The first step in applying for a marriage-based green card is completing Form I-130: Petition for Alien Relative. This petition establishes a valid marriage to a U.S. citizen or green card holder. The spouse receives an IR1 (or “immediate relative”) green card, valid for 10 years. No specific period of continuous residence or physical presence in the U.S. is required, but the spouse will receive an IR1 (or “immediate relative”) green card.

For those eligible for a K-2 nonimmigrant, they must properly file Form I-485, Application to Register. The most sought-after U.S. immigration benefit is permanent resident status (a green card). Most people who apply for a green card will need to complete at least two forms—an immigrant petition and a Green Card application (Form I-485). Spouses of U.S. citizens applying for a marriage-based green card and living in the U.S. can file Form I-485 at the same time a Petitioner files Form I-130. The filing fee for the I-485 is $1,440 for applicants age over 14 (biometrics included).

To qualify for a marriage-based green card, you must be legally married to a U.S. citizen or green card holder and your marriage must be in good faith, not solely for an immigration benefit. Processing time for the spousal visa can range from 8 months to 5 years.

How to apply for marriage green card outside the US?

To get a green card from abroad, your spouse must file Form I-130, wait for a visa number, and file Forms DS-261 & DS-260. … Step 4: Attend medical and biometrics appointments. Step 5: Attend the consular interview. What happens next? Unlawful presence and consular processing.

Step 1: Your spouse files Form I-130. U.S. citizens and permanent residents can petition for their family members and immediate relatives to receive a green card. Your first step is for your spouse to file Form I-130. File for an Alien Relative with USCIS. This form shows you are eligible for a green card because you are married to a U.S. permanent resident. Your spouse is the sponsor or petitioner. You are the applicant or beneficiary. After you pay the $535 filing fee and mail your Form I-130 petition to USCIS, you will receive a receipt notice by mail. You should get this in two weeks. If USCIS needs more documents, they will send you a request for evidence within two or three months. The I-130 petition usually takes 7 to 10 months to process.

Can I stay in the US while waiting for marriage green card?

Adjustment versus consular processing. Few people can choose between adjustment of status and consular processing. But some U.S. citizen spouses in the United States can choose. Most eligible spouses prefer to adjust their status. It lets the foreign spouse stay in the United States while waiting for the green card. Consular processing often results in quicker processing times. The couple may be separated. Each path has its own pros and cons. Read Adjustment of Status vs. Consular Processing for a detailed breakdown.

Inadmissible grounds. All green card applicants are checked for admissibility before entering the United States. If the applicant is already in the U.S., they are still checked for inadmissibility before becoming a permanent resident. People with a criminal or terrorist history, drug abuse, infectious diseases, or other characteristics will not be allowed to enter the U.S. The following list summarizes some of the major classes of inadmissibility. Sometimes a waiver is available.

Can my wife stay in the US while waiting for a green card?

Adjustment versus consular processing. Few people can choose between adjustment of status and consular processing. But some U.S. citizen spouses in the United States can choose. Most eligible spouses prefer to adjust their status. It lets the foreign spouse stay in the United States while waiting for the green card. Consular processing often results in quicker processing times. The couple may be separated. Each path has its own pros and cons. Read Adjustment of Status vs. Consular Processing for a detailed breakdown.

Inadmissible grounds. All green card applicants are checked for admissibility before entering the United States. If the applicant is already in the U.S., they are still checked for inadmissibility before becoming a permanent resident. People with a criminal or terrorist history, drug abuse, infectious diseases, or other characteristics will not be allowed to enter the U.S. The following list summarizes some of the major classes of inadmissibility. Sometimes a waiver is available.

How long does it take for I-130 to get approved for spouse?

The fee for Form I-130 is now $675 and it takes about 12 months to be approved. Filing and getting an I-130 approved doesn’t give you an immigration status. This is the first step in getting a green card. This article explains the cost, approval time, and steps to follow after submitting Form I-130.

I-130 processing times; Form I-130 used for; Form I-130 cost; Form I-130 eligibility; Form I-130 required documents; Alternative documents; What happens after the I-130 is approved?; I-130 FAQs; Boundless guides; Common marriage green card forms; Boundless reviews. The time it takes to get your I-130 petition approved in 2024 depends on two things:

How do I prepare for a green card for my marriage?

Review: Before your interview, sit down together or schedule a long phone call. Go over the important dates and events in your relationship. Collect your documents. Get copies of all the original documents you submitted to the government with your green card application (passports, birth certificates, marriage certificates, court records, divorce documents, photos, and other evidence of your marriage). Make copies of documents that prove your marriage is real. Examples include recent photos, birth certificates, joint tax returns, recent bank statements, joint property and insurance documents. If you live in different countries, include copies of travel itineraries and phone records. Here are more ideas on documents you can use to prove your marriage is real. Get organized: Organize your documents in a folder and put photos in an album. Not sure which documents you need? Boundless has a guide on the documents needed for a green card. At the interview. The officer interviewing you. The interview will be done by a USCIS officer or a consular officer who is trained to do marriage-based green card interviews. The officer’s main goal is to make sure the marriage is real.

How much to apply for a green card through marriage?

How much does it cost to get a green card? The government filing fee for a family-based green card is $3,005 for applicants in the United States and $1,340 for applicants outside the United States. This does not include the cost of the medical exam, which varies by provider. Green Card Costs Will Increase April 1, 2024. USCIS confirmed that filing fees for various immigration forms will increase on April 1, 2024. Visa costs will go up, including green cards. The fee for a green card application, Form I-485, will go up from $1,225 to $1,440. To calculate your 2024 green card costs, check out the Boundless guide. Boundless Essential offers great service at a low price. No surprises here. Get unlimited support and your full application for one flat fee.

How long does it take to get a green card through marriage?

Form I-130 processing time: All marriage green card applications start with Form I-130. Form I-130 takes about a year to process. This estimate is based on data from Track My Visa Now, which tracks wait times in real time.

If the spouse applying for a green card lives in the U.S. and is married to a U.S. citizen. Marriage and green card at the same time: 10–23 months; total estimated time: 10–23 months (details here)

Can I stay in the US while waiting for a marriage green card?

Adjustment versus consular processing. Few people can choose between adjustment of status and consular processing. But some U.S. citizen spouses in the United States can choose. Most eligible spouses prefer to adjust their status. It lets the foreign spouse stay in the United States while waiting for the green card. Consular processing often results in quicker processing times. The couple may be separated. Each path has its own pros and cons. Read Adjustment of Status vs. Consular Processing for a detailed breakdown.

Inadmissible grounds. All green card applicants are checked for admissibility before entering the United States. If the applicant is already in the U.S., they are still checked for inadmissibility before becoming a permanent resident. People with a criminal or terrorist history, drug abuse, infectious diseases, or other characteristics will not be allowed to enter the U.S. The following list summarizes some of the major classes of inadmissibility. Sometimes a waiver is available.

When to file I-130 after marriage?

If you are a U.S. citizen or permanent resident, you can file the Petition for Alien Relative (Form I-130) with USCIS as soon as you marry your immigrant spouse. Form I-130 is the first step for any alien who wants to immigrate to the United States as the relative of a U.S. citizen or lawful permanent resident. If you are a U.S. citizen or lawful permanent resident, you can file the Petition for Alien Relative (Form I-130) with USCIS as soon as you and your immigrant spouse are married. This is the first step for anyone who wants to immigrate to the United States as the spouse or other close family member of a U.S. citizen or green card holder. The form is signed and submitted by the U.S. family member who is petitioning for the immigrant.

Can you get a green card through marriage without an interview?

5. Discretionary decision. USCIS can waive interviews if they believe the evidence in the I-130 petition and supporting documents shows the family relationship is real. This is less common but can happen when the evidence is strong. Tips for a Strong I-130 Petition. A strong I-130 petition increases the chance of approval without an interview. Here are some tips for a strong petition: Start early. The I-130 process can take a long time, so start as early as possible. Be thorough. Provide all the required information and supporting documentation. Be honest. Be accurate and honest. Be organized. Keep all relevant documents and information handy. Hire an immigration attorney to help you with your petition.

Can I move to America if I marry an American?

If you’re a U.S. citizen, you can bring your foreign spouse to the United States in two ways. They are:

Spouse of a U.S. Citizen (IR1 or CR1) – You need to file an immigrant petition for your spouse. Learn more. Nonimmigrant visa for spouse (K-3) – You must file for this visa in the country where you married your spouse. Once the visa is issued, the spouse can travel to the United States to wait for the immigrant visa case to be processed. Two petitions are needed. Petition for Alien Relative, Form I-130, and Petition for Alien Fiancé(e), Form I-129F. Learn more. If you are a U.S. citizen, you can bring your fiancé(e) to the United States to marry and live here with a nonimmigrant visa for a fiancé(e) (K-1). You need an I-129F fiancé(e) petition. Learn more.