The first step is to get married. Once the marriage is complete the immigrant and US Citizen Spouse need to prepare several forms to file.
The immigrant needs to fill out and I-485 form, I-765 form and a G-325a form.
The US Citizen needs to fill out an I-130, G-325a form and I-864 form.
If the citizen does not earn the required income, a joint financial sponsor can complete an additional I-864 form. The joint sponsor must be a US Citizen or Lawful Permanent Resident and meet the income requirements as set out by USCIS.
The immigrant needs to provide proof of their legal entry into the United States. If they have lost their entry documents, they can file an I-102 application to receive a new I-94 document from USCIS. Not all legal entries are sufficient to file for lawful permanent residence, for example people who enter on C(Crewman visas) are not eligible to adjust status in the United States.
If someone did not enter legally they might be eligible to file for their green card if they meet the requirements of 245(I). Those requirements are outside the scope of this article.
The immigrant must submit the following:
Their birth certificate
6 passport sized photos
Proof of their legal entry to the USA
their marriage certificate as well as proof of any prior divorces
Sealed medical exam completed by a USCIS approved medical provider
The United States Citizen must submit the following documents
Proof of US Citizenship
Most recent complete federal income tax return with proof of current employment
2 Passport sized photos
Any divorce records
Filing fees of 1,070 for the green card application and 420 for the petition upon which the green card application is based
After all the documents have been submitted you will receive receipts from USCIS that they have received your application and fees. Next the USCIS, will schedule a biometrics/fingerprinting appointment. The next step will be receiving the interview notice for your “marriage/green card interview.” This interview should occur approximately four months after the applications are filed. You should read our blog post titled: Sample questions for green card interview. Shortly before your interview date you should receive your employment authorization document in the mail. That is how you get your green card through marriage to a U.S. Citizen.
Lawrence Gruner is an immigration attorney with almost 20 years of experience handling immigration cases. He would be happy to talk to you about your immigration case. He has office locations throughout California andhandles cases throughout the United States and the World. He may be reached at 888-801-6558
Free Reports to read BEFORE you decide to file an Immigration case or to hire an Immigration Attorney. These reports will save you time and money.
Read These Reports to Learn:
How you can always represent yourself in an Immigration Case
That not all Immigration Attorneys are the same
The questions you should always ask your Immigration Attorney before you hire him
How Immigration cases can be needlessly delayed or denied and what you can do to avoid that fate.
How not to rely on advice given by friends, family, and surprisingly Immigration information officers
How every document you file with USCIS can affect you and your family for years.
Little known secrets of fiancé visa interviews and green card interviews from an attorney with 20 years of experience