There are a lot of steps that have to be taken so as to obtain a green card through marriage to a U.S. citizen. A lot of people are under the mistaken assumption that U.S. citizenship is routinely granted to resident aliens who get married a citizen, but this is not the case. The pathway to a green card through marriage depends on numerous factors, including your immigration position at the time of the marriage, and whether you wed inside or outside of the U.S.
Earlier than you getting started, take a flash to review the instructions on the green card application (form I-485), in addition to the application itself, to confirm you are allowable to the U.S. as a permanent resident. Evaluate the questions on page 3 of the I-485 application and also, if you are in the U.S. on a visitor's visa, your immigration status has end, or if you are undocumented in America, consult with an immigration attorney. You may not be entitled to regulate status, but you may be able to ask for a waiver. This carries risks, so talk about it with a qualified immigration lawyer.
Here's how to obtain a green card by marriage to a U.S. citizen:
Initially, the immigration service does not take fraud marriages or paper marriages lightly. If you marry somebody, you have to be capable of showing that it is a genuine marriage, and that you did not enter into it for the only purpose of receiving an immigration advantage. If your fiancée lives outer of the U.S., you'll require completing the process for a K-1 fiancée visa first. This is a completely separate application, the procedure for which is not covered in this piece of writing.
2. Complete an immigration medical exam:
So as to obtain a green card through marriage, you have to be examined by a doctor who is approved by the USCIS. Visit the USCIS website for a list of accepted physicians near you. You have to send a SEALED unique exam from your doctor with your I-485 application. Ensure to request your doctor for a consideration copy for your records as well.
3. Collect the essential documentation to file your application:
You'll require presenting documentation of your criminal history, arrests, and disposition of charges if appropriate - seeing the I-485 form instructions for details. The immigrant spouse have to submit two passport style photographs, a duplicate of his or her birth certificate, a copy of his or her non-immigrant visa (or other evidence of legal U.S. status). The application must also comprise an Affidavit of Support with fresh tax returns and an employ verification letter, and evidence of AOS eligibility in the form of a matrimony certificate and separation decrees from all prior marriages for both parties, if appropriate.
4. File an I-130, I-485, and G-325A (both the U.S. citizen and the migrant spouse):
Confirm to comprise the suitable filing fees for each form. These immigration forms are the Petition for Alien Relative, Application for Adjustment of Status, and biographical information form. If you are previously in the United States and have one more valid resident immigration status, in most cases it's safe to go on with filing these documents to obtain a green card through marriage to a U.S. citizen. Though, if you are in the U.S. on a visitor's visa, your status has end, or you are undocumented, filing these forms may activate the USCIS to investigate your status, and you could be banned re-entry to the U.S.
5. File a form I-765 if you would like consent to work in the United States while waiting to take delivery of your green card through marriage to a U.S. citizen. This application typically takes up to 90 days to procedure.
6. Attend your biometrics/fingerprinting appointment:
Overall, you will take delivery of an appointment notice one to three months after filing your application for a green card from side to side marriage. It's significant that you attend this appointment, or else your application will be deprived of. You can reapply, though you must pay the filing fees all over again.
7. Attend your Adjustment of Status interview:
You'll typically receive an appointment notice from 6 months to 1 year after filing your application, but from time to time it takes even longer. Ensure to bring proof of your genuine marriage with you. These could comprise shared bank accounts, property, utility bills, a lease agreement, photographs, letters, cards, and birth certificates for any kids born of the relationship.