As a foreign-born individual, getting married to a United States citizen or lawful permanent resident gives you the opportunity to apply for your own permanent residence in the U.S. After your marriage, you can apply for a green card and obtain legal status to live and work permanently in the country. However, the process can seem confusing. It is important to fully understand your legal rights and responsibilities during this time. Work with a Queens marriage visa lawyer for skilled representation today.
What is a Green Card?
A green card, or Permanent Resident Card, is a document that allows a non-citizen to live and work permanently in the United States. This legal status also creates a path toward obtaining citizenship.
There are many ways to secure a green card in the United States, but one of the most common is through marriage. When a foreign individual gets legally married to a citizen or lawful permanent resident, they become eligible to apply for a green card through their new relationship.
How Can I Apply for a Green Card After Marriage?
If you are getting married and are planning to apply for a green card, consider the following important steps.
1. File Form I-130:
The first step in securing a marriage green card is filing Form I-130, the Petition for Alien Relative. This form must be filed with the USCIS (United States Citizenship and Immigration Services) and establishes the validity of the marriage to prove that the relationship exists and qualifies the foreign individual for a green card.
This form must be submitted with the filing fee, proof that the sponsoring spouse is a citizen or permanent resident, the marriage certificate, joint bank accounts, leases, photos together, and other evidence that the marriage is real.
2. Apply for the green card:
The next step will vary depending on whether or not the foreign spouse is living in the United States. If the foreign spouse lives in the U.S. already, they must file Form I-485, Adjustment of Status.
If the foreign spouse lives outside of the United States, they must apply through the NVC (National Visa Center) and a U.S. embassy or consulate.
3. Attend the interview:
Once the USCIS or consulate has processed the paperwork, an interview will be scheduled for both spouses. This is an important step to ensure that the marriage is genuine and was not entered into for fraudulent purposes. For couples in the United States, both spouses must attend the interview. However, if abroad, only the foreign spouse attends.
The officer conducting the interview will ask questions about their relationship history, wedding day, daily activities, future plans, etc., to verify the marriage’s authenticity. If everything checks out, the green card will be approved and mailed to the couple.
Applying for a green card after marriage requires several steps and a variety of documentation and evidence to prove that the relationship is legitimate. If you have questions or concerns about this process, reach out to a skilled immigration attorney for assistance today.
