Marriage green card eligibility
Obtaining a green card through marriage to a U.S. citizen or green card holder is a common way for foreign nationals to become lawful permanent residents of the United States. There are two main categories for obtaining a marriage-based green card: one for spouses of U.S. citizens and another for spouses of green card holders. Here’s a general overview of the eligibility criteria for each category:
Spouse of a U.S. Citizen (IR-1 or CR-1 Visa Category):
- You must be legally married to a U.S. citizen.
- Your marriage must be genuine and not entered into solely for the purpose of obtaining immigration benefits.
- You and your U.S. citizen spouse must have a bona fide marital relationship, meaning you live together and share a life together.
- You must be admissible to the United States (not have certain criminal or immigration violations that could lead to inadmissibility equalaffection celebshaunt sabwishes amolife).
Spouse of a Green Card Holder (F2A Visa Category):
- You must be legally married to a green card holder.
- Your marriage must be genuine and not entered into for immigration fraud.
- The green card holder spouse must have an approved I-130 Petition for Alien Relative on your behalf.
- Visa numbers may be subject to waiting periods due to annual numerical limitations for this category.
It’s important to note that the process and requirements can vary depending on your specific circumstances, the country you’re applying from, and any changes in immigration policies. In general, the process for obtaining a marriage-based green card involves several steps, including filing the appropriate forms with the U.S. Citizenship and Immigration Services (USCIS), attending an interview at a U.S. embassy or consulate, and undergoing background checks and medical examinations.
For the most accurate and up-to-date information on eligibility criteria and application procedures, it’s recommended to visit the official USCIS website or consult with an immigration attorney who can provide personalized guidance based on your situation.
Applying for spousal visa if married to a U.S. citizen and living abroad
If you are married to a U.S. citizen and living abroad, you can apply for a spousal visa to enter the United States and eventually obtain a green card. The process generally involves the following steps:
- File the Petition (Form I-130):
- Your U.S. citizen spouse needs to file Form I-130, Petition for Alien Relative, with the U.S. Citizenship and Immigration Services (USCIS).
- This form establishes the qualifying relationship between you and your spouse.
- Wait for I-130 Approval:
- Once the I-130 petition is approved, USCIS will send a notice confirming the approval.
- Receive Case Sent to National Visa Center (NVC):
- The approved I-130 petition will be forwarded to the National Visa Center (NVC).
- NVC will provide instructions for required fees and document submissions.
- Submit Affidavit of Support and Civil Documents:
- Your U.S. citizen spouse will need to submit an Affidavit of Support (Form I-864) to demonstrate financial ability to support you.
- You’ll need to provide civil documents such as your marriage certificate, birth certificates, and any required translations.
- Attend Visa Interview:
- The U.S. embassy or consulate in your home country will schedule a visa interview for you.
- You’ll need to provide additional documentation, undergo a medical examination, and attend the interview.
- Receive Visa and Enter the U.S.:
- If your visa is approved, you’ll receive a visa in your passport.
- Upon entering the U.S., you’ll be inspected by a U.S. Customs and Border Protection officer at the port of entry.
- Adjust Status (File Form I-485):
- After entering the U.S., you’ll need to file Form I-485, Application to Register Permanent Residence or Adjust Status, to obtain a green card.
- This process involves biometrics, background checks, and an interview with USCIS.
- Receive Green Card:
- If your I-485 application is approved, you will be issued a green card, which grants you lawful permanent resident status in the U.S.
The timeline for this process can vary based on factors such as the processing times of USCIS, NVC, and the U.S. embassy or consulate, as well as any specific circumstances that may arise during the application process. It’s recommended to regularly check the USCIS and U.S. embassy/consulate websites for updates and to follow their guidance.
Please note that immigration policies and procedures can change, so it’s important to consult official government sources and, if possible, seek advice from an immigration attorney who can provide personalized guidance tailored to your situation.
Spousal visa cost if married to a US citizen and living abroad
The cost of a spousal visa application for a spouse of a U.S. citizen living abroad includes various fees associated with different stages of the application process: https://bwea.com/married-to-a-us-citizen-living-abroad/
However, keep in mind that fees can change over time due to updates in immigration policies and regulations. Here are some of the common fees associated with the spousal visa process:
- Form I-130 Filing Fee: This fee is associated with the initial filing of the I-130 Petition for Alien Relative, which establishes the qualifying relationship between you and your U.S. citizen spouse.
- National Visa Center (NVC) Processing Fee: After the I-130 petition is approved, the case is forwarded to the NVC. The NVC processing fee covers the administrative costs related to the visa application processing.
- Affidavit of Support Fee (Form I-864): This fee is associated with the submission of the Affidavit of Support (Form I-864) by your U.S. citizen spouse. It ensures that the sponsor has the financial ability to support you financially in the U.S.
- Visa Application Fee (DS-260): The DS-260 form is used to apply for an immigrant visa. This fee covers the processing of the visa application.
- Medical Examination Fee: Before the visa interview, you will need to undergo a medical examination by a panel physician approved by the U.S. embassy or consulate. The cost of the medical examination is usually paid directly to the physician.
- Visa Issuance Fee: This fee is paid at the U.S. embassy or consulate when the visa is approved and you’re ready to receive the visa stamp in your passport.
It’s important to note that these fees can vary based on factors such as your country of residence and the specific U.S. embassy or consulate where you’ll be applying for the visa. Additionally, there may be additional costs for obtaining required documents, translations, and other related expenses.
To get the most accurate and up-to-date information about the fees associated with a spousal visa application, I recommend visiting the official website of the U.S. embassy or consulate in your home country. You can also refer to the U.S. Citizenship and Immigration Services (USCIS) website for information on current fees.
Checklist of required documents if married to a US citizen and living abroad
While the specific required documents for a spousal visa application can vary depending on factors such as your country of residence and the U.S. embassy or consulate you’ll be applying through, here is a general checklist of common documents that you might need when applying for a spousal visa as a beneficiary married to a U.S. citizen and living abroad:
- Passport: A valid passport that will not expire within the next six months.
- Visa Application Forms: Completing the required visa application forms, such as the DS-260 (for immigrant visas) or any other forms specified by the U.S. embassy or consulate.
- Marriage Certificate: A copy of your marriage certificate to prove the authenticity of your marital relationship.
- Divorce or Death Certificates (if applicable): If either you or your U.S. citizen spouse were previously married, documents proving the termination of any previous marriages, such as divorce decrees or death certificates, may be required.
- Proof of Relationship: Documentation demonstrating the genuineness of your marital relationship, such as photographs together, communication records, evidence of joint financial accounts, joint property ownership, etc.
- Police Clearance Certificates: Some countries require police clearance certificates from all the countries you have lived in for a certain period to establish your character and criminal record.
- Medical Examination Results: Proof of undergoing a medical examination by an approved panel physician. The physician will send the results directly to the U.S. embassy or consulate.
- Financial Documents: Evidence of financial support from your U.S. citizen spouse, including an Affidavit of Support (Form I-864) and supporting financial documentation.
- Visa Photos: Typically, two passport-sized photos meeting specific requirements.
- Visa Application and Processing Fees: Proof of payment for the visa application and any associated processing fees.
- Proof of U.S. Citizenship: Copies of your U.S. citizen spouse’s U.S. passport, birth certificate, naturalization certificate, or other proof of U.S. citizenship.
- Proof of Legal Entry to the U.S. (if applicable): If your U.S. citizen spouse has previously sponsored you for a nonimmigrant visa or you’ve visited the U.S. before, provide documentation of your legal entry and departure.
- Translations: If any of your documents are in a language other than English, you might need to provide certified translations.
Please note that this checklist is not exhaustive, and the specific documents required may vary based on your individual circumstances and the U.S. embassy or consulate’s requirements. It’s essential to consult the official website of the U.S. embassy or consulate in your country for the most accurate and up-to-date information on required documents and application procedures. Additionally, consider seeking guidance from an immigration attorney to ensure that you have all the necessary documents for a successful spousal visa application.
