What is a marriage green card?
A marriage green card, officially known as a “Permanent Resident Card,” is a U.S. government-issued identification document that signifies lawful permanent resident status for an individual who has been granted permission to live and work in the United States indefinitely. It’s commonly referred to as a “green card” due to its color.
In the context of marriage, a marriage green card specifically refers to the process by which a foreign national spouse of a U.S. citizen or lawful permanent resident (green card holder) obtains lawful permanent resident status in the U.S. This process allows the foreign national spouse to live and work in the U.S. permanently and enjoy many of the benefits and rights that come with permanent residency.
The marriage green card application process involves the U.S. citizen or lawful permanent resident spouse (the petitioner) sponsoring their foreign national spouse (the beneficiary) for a green card. The petitioner must prove that their marriage is genuine and not solely for immigration benefits. The beneficiary must go through a comprehensive application process, which includes filing forms, providing supporting documentation, attending interviews, and undergoing background checks.
If the application is approved, the foreign national spouse receives a green card, which typically has a validity of ten years. After the initial ten-year period, the green card can be renewed. Holding a green card signifies legal permanent residency and is a significant step toward potential U.S. citizenship.
It’s important to note that the process can vary based on individual circumstances, immigration policies, and changes in laws. If you are considering applying for a marriage green card, it’s recommended to consult the official U.S. Citizenship and Immigration Services (USCIS) website or seek legal advice to ensure you understand the requirements and steps involved.
Marriage green card checklist if foreign spouse is in the U.S.
When applying for a marriage-based green card for a foreign spouse who is already in the U.S., there are specific documents and evidence that you will need to include in your application package. Keep in mind that specific requirements can vary based on individual circumstances, but here’s a general checklist of documents that you might need when applying for a marriage green card for a foreign spouse who is already in the U.S.:
- Form I-130, Petition for Alien Relative: The U.S. citizen or lawful permanent resident spouse (petitioner) needs to file Form I-130 to establish the qualifying relationship with the foreign national spouse (beneficiary).
- Form I-485, Application to Register Permanent Residence or Adjust Status: The foreign national spouse (beneficiary) needs to complete and submit Form I-485 to apply for adjustment of status to become a lawful permanent resident.
- Form I-864, Affidavit of Support: The U.S. citizen or lawful permanent resident spouse (petitioner) needs to complete Form I-864 to demonstrate their ability to financially support the intending immigrant spouse.
- Form I-765, Application for Employment Authorization (Optional): If the foreign national spouse wants to work while their green card application is being processed, they can submit Form I-765 to request an Employment Authorization Document (EAD).
- Form I-131, Application for Travel Document (Optional): If the foreign national spouse needs to travel outside the U.S. while their green card application is pending, they can submit Form I-131 to request a reentry permit or advance parole document.
- Proof of Identity and Legal Entry: Include a copy of the foreign national spouse’s passport, birth certificate, and any other identity documents. If they entered the U.S. legally, include a copy of their most recent visa or entry stamp.
- Copy of Marriage Certificate: Provide a copy of the marriage certificate to prove the authenticity of the marital relationship.
- Proof of Continuous Residence and Physical Presence: Include evidence of the foreign national spouse’s continuous residence and physical presence in the U.S., such as leases, utility bills, employment records, and other documents.
- Proof of Good Moral Character: Compile evidence of the foreign national spouse’s good moral character over the past five years. This might include police clearance certificates, court documents, and other relevant information.
- Passport Photos: Provide two passport-sized photos of the foreign national spouse that meet U.S. passport photo requirements.
- Filing Fees: Include payment of the required filing fees for Form I-130, Form I-485, and any other applicable forms.
- Additional Documents as Needed: Depending on your specific circumstances, you might need to include additional documents. Consult the USCIS instructions and guidelines for each form to determine specific requirements.
It’s important to carefully follow the instructions provided by U.S. Citizenship and Immigration Services (USCIS) for each form and to provide accurate and truthful information. The checklist provided here is a general guide, and it’s recommended to refer to the official USCIS website for the most up-to-date information on required documents and evidence. If you have concerns or questions, consider seeking advice from an immigration attorney.
Marriage green card checklist if foreign spouse is abroad
When applying for a marriage-based green card for a foreign spouse who is currently outside of the United States, the process involves consular processing at a U.S. embassy or consulate in the spouse’s home country or country of current residence. Here’s a general checklist of documents and steps you might need when applying for a marriage green card for a foreign spouse who is abroad:
- Form I-130, Petition for Alien Relative: The U.S. citizen or lawful permanent resident spouse (petitioner) needs to file Form I-130 with U.S. Citizenship and Immigration Services (USCIS) to establish the qualifying relationship with the foreign national spouse (beneficiary).
- Proof of U.S. Citizenship or Lawful Permanent Residency: Include a copy of the petitioner’s U.S. passport, Certificate of Naturalization, Certificate of Citizenship, or green card.
- Copy of Marriage Certificate: Provide a copy of the marriage certificate to prove the authenticity of the marital relationship.
- Proof of Termination of Previous Marriages (if applicable): If either spouse was previously married, provide evidence of the termination of those marriages, such as divorce decrees or death certificates.
- Form DS-260, Online Immigrant Visa Application: After USCIS approves Form I-130, the petitioner will receive instructions to complete Form DS-260 through the Consular Electronic Application Center (CEAC).
- Affidavit of Support (Form I-864): The petitioner needs to complete Form I-864 to demonstrate their ability to financially support the intending immigrant spouse. This form is usually submitted later in the process at the U.S. embassy or consulate.
- Police Clearance Certificates: Obtain police clearance certificates from the foreign spouse’s country of residence and any other countries where they have lived for a certain period.
- Medical Examination: The foreign spouse needs to undergo a medical examination by an approved panel physician. The results are typically sent directly to the U.S. embassy or consulate.
- Passport Photos: Provide passport-sized photos of the foreign spouse that meet U.S. passport photo requirements.
- Filing Fees: Pay the required filing fees for Form I-130 and any other applicable fees associated with consular processing.
- Civil Documents: Collect civil documents such as birth certificates, marriage certificates, divorce decrees, and any other required documents for the immigrant visa application.
- Proof of Relationship: Compile evidence of the marital relationship, including photos, communications, joint financial accounts, and other supporting documents.
- Interview Preparation: Prepare the foreign spouse for the immigrant visa interview at the U.S. embassy or consulate.
- Consular Processing Fees: Pay any fees required by the U.S. embassy or consulate for the immigrant visa application and processing.
Please note that specific requirements and procedures may vary based on the country of the U.S. embassy or consulate, and changes in immigration policies. It’s recommended to consult the official U.S. Department of State website and the specific U.S. embassy or consulate for the most up-to-date information on required documents and the consular processing procedure. If you have concerns or questions, consider seeking advice from an immigration attorney or the relevant U.S. embassy or consulate.
