Marriage-Based Green Card - Direct U.S. Immigration
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marriage based green card

Process of Applying for a Marriage-Based Green Card

Applying for the marriage-based green card can be tricky. But despite the stories that you may have heard, getting a Green Card through Marriage is absolutely achievable. Direct U.S. Immigration can help you with that.

In applying for a Marriage-Based Green Card, it is necessary to take account of the following Eligibility Requirements:

The spouse filing the application must be a U.S. citizen or a green card holder (permanent resident) and at least 21 years of age.

Examples of acceptable documents:

The applicants must establish the validity of their marriage under the guidelines approved by the U.S. Citizenship and Immigration Services (USCIS).

Examples of acceptable documents:

The documents above will be considered as supporting evidence to be submitted along with Form I-130

Please take note that same-sex marriage is approved by the USCIS as long as the union was determined legal where it was officiated. However, the following types of marriages would not be eligible to apply for a Marriage-Based Green Card:

Application Process

After this has been successfully established, the next course of action would be to take either of the following steps:

1. For those whose foreign-national spouse is already in the U.S legallythe petitioner must be careful about the timing of the filing. We can assist with this. The process is as follows:

2. The U.S. citizen spouse must fill out Form I-130 (Petition for Alien Relative), while the foreign-national spouse must fill out Form I-485 (Application to Register Permanent Residence or Adjust Status). Additional documents will be required.

The forms must be submitted to the USCIS, together with supporting evidence.

Other acceptable documents:

For the foreign-national spouse: Birth certificate issued in another country, Passport issued in another country, U.S. visa, I-94 travel record.  

1. The U.S. citizen spouse must prepare and file Form I-130 to USCIS, together with supporting evidence. USCIS will review your petition for completeness. If anything is missing, USCIS may either send the forms back to the U.S. petitioner, or send a letter in the form of a Request for Evidence for the missing information. Once USCIS approves the petition, the U.S. Department of State will invite the foreign-national spouse to apply for an immigrant visa at a U.S. embassy or consulate abroad.

 

2. The foreign-national spouse will receive an immigrant visa packet from the U.S. embassy or consulate where the U.S. citizen spouse applied, after which, he/she will be asked to pay the USCIS Immigrant Fee. This step must be complete prior to entering the U.S.

Let us help you

Should you need to know more about eligibility exclusions and exceptions, please schedule a consultation with one of our immigration specialists. We would be happy to review your case, guide you through the necessary legal procedures and answer any questions you may have regarding your application. Our goal is to make the process perfectly clear to you and provide the support that you may need. Let’s get you and your family together here in the US permanently and legally. Don’t hesitate. Start now!

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