What Forms Are Needed For Green Card Through Marriage?

The marriage-based green card application process requires a spouse or child of a U.S. citizen’s immediate relative to independently qualify for the card and file their own application. To obtain a green card through marriage, the spouse must submit a Form I-130 petition to the government, which establishes the marriage relationship with the spouse and allows the U.S. government to know the spouse is eligible for legal status.

For a marriage-based green card, the spouse must provide documentation such as a civil marriage certificate, divorce decrees, death certificates, or annulment decrees that demonstrate all previous marriages entered into by the spouse. If the spouse is a U.S. citizen or lawful permanent resident, they must be physically present when applying.

The process varies depending on whether the sponsoring spouse is a U.S. citizen or a Green Card holder. The first step in obtaining a marriage-based green card is filing the USCIS Form I-130 with U.S. Citizenship and Immigration Services (USCIS) to establish the relationship of the foreign-born spouse to a U.S. citizen or resident.

If filing Form I-751 jointly with the U.S. citizen or lawful permanent resident spouse, it must be filed within the 90-day period immediately before the Green Card expires. If the spouse is outside the United States, they may file a joint petition separately at any time.

Adjustment of status is the process that allows individuals to apply for lawful permanent resident status (also known as applying for a Green Card) when they are present in the U.S., allowing them to get a Green Card without having to return to their home country for visa processing.

What are the documents required for I-485?

Supporting Documents for I-485 Form: Birth certificate. Government-issued ID. Passport photos. Proof of marriage (if the principal applicant is the spouse of a citizen or green card holder). Proof of employment (required for employment-based green cards). Proudly Serving Dallas, Ft. Worth, San Antonio, Houston.

Office: 851 Grainger St., Ste. 107, Fort Worth, TX 76104.

Office: 110 Broadway St., Ste. 370, San Antonio, TX 78205.

Should I file I-130 and I-485 together?

Speed and efficiency. Filing both forms together makes the immigration process easier. You can avoid the wait for Form I-130 approval before filing Form I-485. This speeds up the whole process, so you get a decision on your case more quickly. Filing together lets USCIS assess the relationship between the petitioner and the intending immigrant. They can see if the relationship meets the criteria for adjusting status. This means checking that the relationship shown in the forms and documents is real. Concurrent filing lets USCIS review all relevant info and evidence at once. They help USCIS assess the case.

What forms need to be filled out for green card?

Sponsored for a Green Card. To get a Green Card, you have to fill out two forms: an immigrant petition and a Green Card application (Form I-485). Someone else usually files the petition for you (sponsoring or petitioning for you), but you may be able to file for yourself in some cases. Here are the most common forms:

Form I-130, Petition for Alien Relative; Form I-140, Immigrant Petition for Alien Worker; Form I-730, Refugee/Asylee Relative Petition; Form I-589, Application for Asylum and for Withholding of Removal.

Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant; Form I-526, Immigrant Petition by Alien Entrepreneur; Form I-918, Petition of U Nonimmigrant Status; Form I-929, Petition for Qualifying Family Member of a U-1 Nonimmigrant.

What documents are required for a U.S. spouse visa?

You need to provide a birth certificate and a marriage certificate for your U.S. citizen spouse. You also need to provide divorce or death certificates for any previous spouses. Finally, you need to provide police certificates from your current country of residence and all countries where you have lived for six months or more since age 16. Same-sex spouses of U.S. citizens and lawful permanent residents (LPRs) can now get the same immigration benefits as opposite-sex spouses. Consular officers at U.S. embassies and consulates will review their immigrant visa applications when they receive an approved I-130 or I-140 petition from USCIS. See our FAQs for more information.

Overview: What is a K-3 Visa? What is a Spouse? The International Marriage Broker Regulation Act of 2005 (IMBRA). The First Step: Filing the petitions; the second step: Applying for a visa; required documentation; review additional U.S. Embassy/Consulate instructions; medical examination and vaccination requirements; proof of financial support and affidavit of support forms; do the same income requirements apply to Form I-134 as apply to Form I-864?; fees – how much does a K visa cost?; rights and protections – pamphlet; my petition expired – can it be extended?; ineligibility for visas – what if I am ineligible for a K visa?How long will it take to get my K visa? After you receive a K-3 visa, does my U.S. citizen spouse need to file separate petitions for my children? Are my children required to travel with me? Entering the United States – Port of Entry Adjustment of Status, Working in the United States, and Traveling Outside of the United States How to Apply for a Social Security Number Card Further Questions Overview – What Is a K-3 Visa? The K-3 visa is for the foreign spouse of a U.S. citizen. This visa category is for foreign citizens married to U.S. citizens. Spouses of U.S. citizens can get a nonimmigrant K-3 visa and enter the United States to wait for approval of their immigrant visa. K-3 visa holders can then apply to become permanent residents with the Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) once their petition is approved. The spouse of a U.S. citizen applying for a nonimmigrant K-3 visa must have a pending immigrant visa petition filed on their behalf by their U.S. citizen spouse. A foreign citizen who marries a U.S. citizen outside the U.S. must apply for the K-3 visa in the country where the marriage took place. Learn more in the Visas section below.

What is the requirement for green card through marriage?

A. You must be married to a US citizen or lawful permanent resident. The marriage must be legal and recognized in the place where it took place. To determine whether the marriage is valid, USCIS looks to see if the parties intended to build a life together. The marriage cannot be a sham or go against US law. Minimum income requirement. Your US citizen or lawful permanent resident spouse must have income that is at least 125% of the federal poverty level. Your spouse must sign an affidavit stating that they will support you. If they do not have income that is at least 125% of the federal poverty level, they can use a joint sponsor. You can’t be inadmissible for immigration. There are 10 reasons you can’t be admitted to the US. You can’t fall into any of these categories.

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.

What documents are required for a US spouse visa?

Required DocumentationBirth certificate.Marriage certificate for the marriage to the U.S. citizen spouse.Divorce or death certificate(s) of any previous spouse(s)Police certificates from your present country of residence and all countries where you have lived for 6 months or more since age 16. *Same-sex spouses of U.S. citizens and Lawful Permanent Residents (LPRs), along with their minor children, are now eligible for the same immigration benefits as opposite-sex spouses. Consular officers at U.S. Embassies and Consulates will adjudicate their immigrant visa applications upon receipt of an approved I-130 or I-140 petition fromUSCIS. For further information, please see ourFAQ’s. *Overview – What is a K-3Visa?; What is a Spouse?; The International Marriage Broker Regulation Act of 2005 (IMBRA); The First Step: Filing the Petitions; The Second Step: Applying for a Visa; Required Documentation; Review Additional U.S. Embassy/Consulate-Specific Instructions; Medical Examination and Vaccination Requirements; Proof of Financial Support and Affidavit of Support forms; Do the Same Income Requirements Apply to Form I-134 as Apply to Form I-864?; Fees – How Much Does a K Visa Cost?; Rights and Protections – Pamphlet; My Petition Expired – Can It Be Extended? ; Ineligibilities for Visas – What if I am ineligible for a K visa?; How Long Will it Take to Get My K Visa?; After You Receive a K-3 Visa ; Does My U.S. Citizen Spouse Need to File Separate Petitions for My Children?; Are My Children Required to Travel with Me? ; Entering the United States – Port of Entry; Adjustment of Status, Working in the United States, and Traveling Outside of the United States; How to Apply for a Social Security Number Card; Further Questions; *Overview – What Is a K-3 Visa?. The K-3 nonimmigrant visa is for the foreign-citizen spouse of a United States (U.S.) citizen. This visa category is intended to shorten the physical separation between the foreign-citizen and U.S. citizen spouses by having the option to obtain a nonimmigrant K-3 visa overseas and enter the United States to await approval of the immigrant visa petition. K-3 visa recipients subsequently apply to adjust status to a permanent resident (LPR) with the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS) upon approval of the petition. Because the spouse of a U.S. citizen applying for a nonimmigrant K-3 visa must have a immigrant visa petition filed on his or her behalf by his or her U.S. citizen spouse and pending approval, a K-3 applicant must meet some of the requirements of an immigrant visa. It should be noted that under U.S. immigration law, a foreign citizen who marries a U.S. citizen outside the U.S. must apply for the K-3 visa in the country where the marriage took place. Learn more in theApplying for a Visasection below.

What forms do I need to file for my spouse?

File a separate Form I-130 for each eligible relative unless they can be considered a derivative beneficiary. See the form instructions for more information. If you submit a petition for your spouse, you must also submit Form I-130A.

ALERT: On January 31, 2024, we published a final rule in the Federal Register that adjusts the fees for most immigration applications and petitions. The new fees will take effect on April 1, 2024. Applications and petitions postmarked on or after April 1, 2024, must include the new fees. Otherwise, we will not accept them. The new fee is for filings postmarked April 1, 2024, and later. If you file an acceptable prior form edition on or after April 1, 2024, you must pay the new filing fee.

Do I need I-130 and I 485?

What is the I-485 form? After submitting Form I-130 (Petition for Alien Relative), submit Form I-485 (Application for Adjustment of Status). The I-485 is used to prove that the foreign spouse is eligible for U.S. permanent residency in the context of a marriage green card. The spouse who signs the I-485 is called the “applicant.” You can file the I-130 and I-485 at the same time if the foreign spouse is in the United States. This is called “concurrent filing.” Form I-485 timeline. Form I-485 processing times. It takes 10–23 months to process Form I-485 for family-based applications. Boundless updates these figures monthly based on USCIS data.

How long do I have to stay married to my wife for green card?

The spouse of a U.S. citizen must have been married to their citizen spouse for at least three years before filing for citizenship. A. General Eligibility for Spouses Residing in the United States. A U.S. citizen’s spouse may be eligible for naturalization if they have lived in the United States for at least three years after becoming a lawful permanent resident (LPR) and have lived in a marital union with their citizen spouse for at least three years. The spouse must meet the following criteria to qualify:

At least 18 years old at the time of filing; a LPR at the time of filing the naturalization application; and the spouse of the U.S. citizen until the applicant takes the Oath of Allegiance.The applicant must have been married to the citizen spouse for at least three years before filing for naturalization. The citizen spouse must have been a U.S. citizen for those three years. The applicant must have been a lawful permanent resident for at least three years before filing for naturalization.Be in the United States for at least 18 months (548 days) out of the 3 years before filing the application. Live in the state or USCIS district with jurisdiction over your place of residence for at least 3 months before filing. Know how to read, write, and speak English. Know the basics of US history, government, and civics. Demonstrate good moral character for at least three years before applying for citizenship. Be loyal to the U.S. Constitution and want the United States to be a good and happy country.

Is Form I-130 for spouse?

You can file Form I-130 for: A. Your spouse; B. Your children under 21; C. Your sons or daughters 21 or older; D. Your married children of any age; E. Your siblings (21+); and F. Your parents (21+).