How do I get a green card through marriage to a US Citizen?

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If you ever wondered:”How do I get a green card through marriage to a U.S. Citizen”, you are not alone.

Obtaining a green card through marriage to a US citizen is surprisingly easier, quicker, and more efficient than most other ways of obtaining a green card. There are certain relevant steps to take and requirements in getting a green card through this particular means.

The first step is to get married, neither party can be married to anyone else and the marriage has to be legal and documented. After the legal marriage has taken place the foreign individual needs to file the Form I-485. This form is specifically for permanent residence in theUnited States. During the time that the Form I-485 is filled out by the foreign applicant, the US citizen needs to fill out the Form I-130. The Form I-130 needs to be sent first and the I-485 is sent second after the first form has been filed. The Form I-130 needs to be on a pending or approved status before sending the completed Form I-485. After submitting the Form I-130, you will receive the Form I-797, which is the notice of action and this proves the pending or approved status of the Form I-130. Each of these forms needs to be filed with the USCIS.

Both parties need to be in the US at the time of the green card application. The foreign applicant needs to be in the US at least 6 months before the green card application can begin. The foreign applicant must have entered theUSlegally with no issues that could determine the applicant a criminal. There will be an investigation to prove this legal fact, so any criminal activity will be uncovered during the green card process by a US immigration official.

Documents Needed

In order to obtain a green card, the following documents need to be presented in addition to the Form I-130 and Form I-485 that was submitted previously. It is necessary to submit the Form G-325A that includes biographical information along with photos. The Form I-864 which is the affidavit of support. It is optional to submit the permission for work authorization, Form I-765. Medical examination results needs to be submitted, which is specifically the Form I-693. It is also optional to submit the request for travel expenses, which is the Form I-131. The petitioner’s proof of citizenship which could include a passport or certified birth certificate. It is vital to submit proof that any previous marriages of either party are null and void, if applicable. Lastly, filing fees need to be submitted, which are currently $1,490.

Necessary Steps

After all the documents have been submitted and approved satisfactorily according to the USCIS, you will be contacted about a biometrics/fingerprinting appointment. This is necessary in order to get a green card and the USCIS will give you all information that relates to this step. After that has been completed, the USCIS will issue a work authorization and permission to travel. This will be issued to you from the USCIS within 90 days of filing.  The final step will be the interview that the USCIS will contact you about. The interview is scheduled anywhere from 2 months up to 4 months from the date of first filing. If the interview has been successful, the USCIS will issue the foreign applicant a stamp that classifies the individual as a conditional permanent resident. The green card will be mailed within 4-8 weeks of a successful interview. If you have any additional questions about obtaining a green card through marriage to a US citizen, there are many resources available on the web as well as experienced attorney’s who will be able to answer questions and help you through the entire process.

The information provided on this site is not legal advice but general information only. Laws can and do change and additional laws may apply in your case. Contrary to what your friends tell you every immigration case is different. Please contact our office to review your matter prior to filing any documentation with USCIS

Lawrence Gruner is a  Reno Immigration Lawyer  and a green card attorney with almost 20 years of experience handling immigration cases. He has office locations throughout northern California. His office handles immigration cases throughout California (including San Francisco, Oakland, San Jose, San Diego and Sacramento) the United States and the World. You may reach us from anywhere in the world toll free at 888-801-6558 . You may also email us your questions. Attorney Gruner would be happy to review your situation and all of your options. He can help you come up with a plan for your Immigration case. His office handles green card cases (both family based green cards and business based green cards K1 fiance visa cases (see our article 10 things to know about K1 visas), naturalization and citizenship cases, E1-E2 investor cases, H1b cases ( visit our blog: How to get an H1b visa)and marriage visa cases.

We handle cases throughout the state of California and the World. California cities include: Sacramento, Stockton, San Diego, San Jose, Oakland, San Francisco, Daly City, Fremont, Hayward, San Mateo, Santa Clara, Alameda, San Rafael, Santa Rosa, Richmond, Fairfield, Grass Valley, Nevada City,Vallejo, Berkeley, Concord, Walnut Creek, Orinda, South San Francisco, San Bruno,Daly City, Pacifica, Half Moon Bay, Millbrae, Brisbane, Burlingame, Hillsborough, Foster City, Belmont, San Carlos, Redwood City, Menlo Park, Palo Alto, Mountain View, Mt. View, Sunnyvale, Campbell, Cupertino, Los Altos, Los Gatos, Yuba City, Santa Cruz, Modesto, Fresno, San Luis Obispo, Morro Bay, Coronado, Los Angeles, Anaheim, Roseville, Rocklin,Auburn, Dixon, Davis. We also have clients in Seattle, Los Angeles, Portland, Reno, Denver, Dallas, Boston, Philadelphia, Kansas City, St. Louis, Chicago.