If you want to get a family or marriage-based green card in the United States, you’re taking an important step in giving a more secure future to your loved ones, this green card by family/marriage guide will explain the key steps involved in the application process, and give you crucial information to help you navigate this successfully.
Key Steps for Obtaining a Green Card Through Family/Marriage
Applying for a green card through marriage is a structured process that involves several essential steps. Below is a comprehensive guide outlining the key stages and requirements.
1. Marry a U.S. Citizen or Lawful Permanent Resident
The first step is to legally marry a U.S. citizen or a lawful permanent resident (LPR). The marriage must be valid and recognized in the jurisdiction where it takes place, and it should not be entered into solely for immigration benefits12.
2. File Form I-130
The U.S. citizen or LPR spouse must file Form I-130, known as the Petition for Alien Relative, with the U.S. Citizenship and Immigration Services (USCIS). This form establishes the legitimacy of the marriage and initiates the green card application process. Along with this form, several supporting documents are required, including:
- Proof of the petitioner’s citizenship or LPR status (e.g., birth certificate, passport).
- A copy of the marriage certificate.
- Evidence demonstrating that the marriage is bona fide, such as joint financial documents, photos, and correspondence23.
3. Adjustment of Status or Consular Processing
Depending on whether the spouse seeking a green card is inside or outside the U.S., they will either adjust their status or undergo consular processing.
- Adjustment of Status (Form I-485): If the applicant is already in the U.S., they can file this form to transition from their current status to that of a permanent resident.
- Consular Processing: If the applicant is outside the U.S., they will need to go through this process at a U.S. consulate abroad. This includes filing Form DS-260 after receiving approval from USCIS.
4. Attend the Green Card Interview
Once the application has been processed, both spouses must attend an interview at USCIS or a consulate. The purpose of this interview is to verify the authenticity of the marriage. Applicants should be prepared to answer questions about their relationship and provide additional evidence if necessary.
5. Receive Conditional Permanent Resident Status
If approved, spouses married for less than two years will receive a conditional green card, valid for two years. To remove these conditions and obtain an unconditional green card, couples must file Form I-751 jointly within 90 days before the conditional green card expires.
6. Naturalization (Optional)
After holding permanent resident status for a specified period (usually three years if married to a U.S. citizen), individuals may apply for naturalization to become U.S. citizens.
Important Documents Required
The following documents are typically required throughout this process:
- Marriage certificate.
- Proof of citizenship or LPR status of the petitioner.
- Evidence of shared life (e.g., joint bank accounts, lease agreements).
- Divorce decrees or death certificates for any previous marriages.
- Passport-style photos of both spouses.
Citizen or Permanent Resident Files Visa Petition
This involves notifying the U.S. Citizenship and Immigration Services of your intent to sponsor an immigrant family member and proving the authenticity of the relationship.
The Visa Petition
To start the process, the petitioner must submit a visa petition, typically using USCIS Form I-130 and this form must be submitted with some other documents such as birth or marriage certificates and proof of the petitioner’s U.S. citizenship or permanent resident status. A fee is also required. If the immigrant is an immediate relative like spouse, parent, or unmarried child under 21 of a U.S. citizen and already lawfully resides in the U.S., they may be able to file for adjustment of status concurrently.
USCIS Decision on the Visa Petition
After submitting there is a waiting period while USCIS reviews the application, which can take several months or longer. If the petition is denied, you should address any issues and refile if necessary.
The Approval Process
Once the petition is approved, the case moves forward, for immediate relatives, the National Visa Center (NVC) takes over, requesting additional paperwork from the petitioner, such as proof of financial capacity (USCIS Form I-864). The case is then sent to the appropriate U.S. consulate in the immigrant’s home country.
Preference Relatives Only
These are spouses and children of green card holders or married children and siblings of U.S. citizens, there is an additional waiting period due to annual quotas.
Priority Date
The waiting period is based on the Priority Date, which is the date USCIS received the I-130 petition. Depending on demand and visa availability, this wait can be several years. It’s crucial to stay updated on your Priority Date status.
Immigrant Applies for an Immigrant Visa or Green Card
Once the visa petition is approved and a visa is available (for preference relatives), the immigrant must apply for permanent residence.
Consular Processing
Most applicants will apply for an immigrant visa at a U.S. consulate outside the United States. The NVC and the consulate will provide forms and instructions for a medical examination and an in-person interview.
Adjustment of Status
Some immigrants living in the U.S. can apply for adjustment of status at a USCIS office. It’s important to prepare and submit the application proactively, including a personal interview.
Receiving the Green Card
The final step is obtaining a physical green card.
Immigrant Visa Holders
Applicants who went through consular processing will use their immigrant visa to enter the U.S. and claim permanent resident status. They will receive their green card in the mail within weeks.
Adjustment of Status Applicants
Those who applied for adjustment of status within the U.S. will have their permanent resident status approved during or shortly after their interview. They will also receive their green card in the mail within weeks.
Obtaining a family or marriage-based green card in the United States is a multi-step journey that requires meticulous documentation, patience, and careful navigation of the immigration system. Moreover, understanding the eligibility criteria and application process is crucial for a successful outcome. By following these steps, you can move forward with confidence, knowing what to expect at each stage. Your dreams of reuniting with your loved ones in the United States are within reach, and this guide is here to help you achieve them.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the US for family straightforward and successful. Whether you’re applying for a CR-1 Visa or an IR-1 Visa, we handle every step—from preparing your application to gathering the required documents.
Our immigration lawyer consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process, coordinating with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need to visit the United States. Call us today at +234 812 5505 986 to learn how we can assist you.
