Your Path to Permanent Residency: Marriage Green Card Checklist Breakdown

Marriage Green Card Checklist if Foreign Spouse is Abroad

Obtaining a Marriage Green Card (officially known as a U.S. Permanent Resident Card) for a foreign spouse who is abroad involves several steps and requires careful preparation. Keep in mind that immigration processes and requirements can change, so always refer to the official U.S. Citizenship and Immigration Services (USCIS) website or consult with an immigration attorney for the most up-to-date information. Here’s a general checklist to help guide you through the process:

1. Determine Eligibility:

• Make sure that you, as the sponsoring U.S. citizen or Permanent Resident spouse, meet the eligibility requirements to sponsor your foreign spouse.

2. File Petition:

• Submit Form I-130, Petition for Alien Relative, to USCIS. This form establishes the relationship between you and your foreign spouse.

3. Wait for Approval:

• USCIS will process the petition and celebshaunt issue an approval notice (Form I-797) if everything is in order.

4. National Visa Center (NVC) Processing:

• After approval, the case will be transferred to the NVC, which will assign a case number and provide instructions for further steps.

5. Affidavit of Support:

• Complete Form I-864, Affidavit of Support, to demonstrate that you have the financial means to support your foreign spouse in the U.S.

6. Pay Fees:

• Pay the necessary fees to the NVC for visa processing and the Affidavit of Support review.

7. Gather Required Documentation:

• Collect all required documents, including civil documents (e.g., marriage certificate, birth certificates), police clearances, and medical examination results.

8. Submit DS-260:

• Your foreign spouse needs to complete Form DS-260, Application for Immigrant Visa and Alien Registration. This form is submitted online through the Consular Electronic Application Center (CEAC).

9. Attend Visa Interview:

• Your foreign spouse will need to attend a visa interview at the U.S. embassy or consulate in their home country. They should bring all necessary documents and be prepared for questions about their relationship and intentions.

10. Medical Examination:

• Your foreign spouse will need to undergo a medical examination by an approved panel physician.

11. Visa Issuance:

• If the visa is approved, your foreign spouse will receive an immigrant visa in their passport, allowing them to enter the U.S.

12. Entry to the U.S.:

• Your foreign spouse should enter the U.S. with the immigrant visa.

13. Pay the USCIS Immigrant Fee:

• Before traveling to the U.S., pay the USCIS Immigrant Fee online, which covers the cost of processing the Green Card.

14. Apply for a Social Security Number (SSN):

• After arriving in the U.S., your foreign spouse can apply for an SSN.

15. Attend the Green Card Interview:

• Your foreign spouse and you (as the petitioner) may be required to attend a Green Card interview at a USCIS office in the U.S.

16. Receive the Green Card:

• If the interview is successful, your foreign spouse will receive their Green Card in the mail.

Remember that each case can have unique circumstances, and the process can vary based on factors like the country of origin and the specific immigration situation. It’s recommended to consult with an immigration attorney or seek guidance from USCIS for accurate and up-to-date information tailored to your situation.

Marriage Green Card Checklist if Foreign Spouse is in the U.S.

If both spouses are in the U.S. and looking to obtain a Marriage Green Card (U.S. Permanent Resident Card), the process involves specific steps that apply to adjusting the status of the foreign spouse. Here’s a checklist to guide you through the process:

1. Determine Eligibility:

• Make sure that both you (the sponsoring U.S. citizen or Permanent Resident spouse) and your foreign spouse meet the eligibility requirements to apply for a Marriage Green Card.

2. File Petition:

• Submit Form I-130, Petition for Alien Relative, to USCIS to establish the relationship between you and your foreign spouse.

3. Wait for Approval:

• USCIS will process the Form I-130 and issue an approval notice (Form I-797) if the petition is approved.

4. Check Visa Availability (if applicable):

• If your foreign spouse is subject to visa numerical limitations, wait for a visa number to become available in the appropriate category. This step applies mainly to spouses of Permanent Residents (F2A category).

5. File Form I-485 (Adjustment of Status):

• If a visa number is available or if your spouse is an immediate relative of a U.S. citizen, file Form I-485, Application to Register Permanent Residence or Adjust Status. This form is used to apply for a Marriage Green Card while your spouse is in the U.S.

6. Pay Fees:

• Pay the required filing fees for Form I-485 and any other applicable fees.

7. Biometrics Appointment:

• Your foreign spouse will receive a notice for a biometrics appointment, where they will provide fingerprints and other biographical information.

8. Attend a Green Card Interview:

• USCIS may require both you and your foreign spouse to attend an interview. This interview is to verify the legitimacy of the marriage and assess eligibility for the Marriage Green Card.

9. Submit Additional Documentation:

• Gather and submit any additional documents requested by USCIS during the application process, including financial support information (Form I-864) and medical examination results.

10. Receive Employment Authorization (Optional):

• Your foreign spouse can file Form I-765, Application for Employment Authorization, concurrently with Form I-485 to obtain a work permit while the Green Card application is pending.

11. Receive Travel Document (Optional):

• If your foreign spouse needs to travel outside the U.S. while the Green Card application is pending, they can file Form I-131, Application for Travel Document, to obtain advance parole.

12. Receive Conditional or Permanent Green Card:

• If your marriage is less than two years old at the time of obtaining the Green Card, your spouse will receive a conditional Green Card. If the marriage is over two years old, they will receive a permanent Green Card.

Remember that immigration processes and requirements can change, so always refer to the official USCIS website or consult with an immigration attorney for the most up-to-date information and guidance specific to your situation.