Marriage Based Green Card
Citizen or green card holder.
Marriage based green card. Although the process can seem daunting most couples do qualify for a marriage based green card if one spouse is a u s. Citizen s spouse is usually between 10 to 13 months. The purpose is to establish that a valid marriage exists between you and your spouse. Citizenship and immigration services uscis which is part of the u s.
The best thing to do is to have an immigration attorney review your case and advise you on more accurate processing times. Green card through marriage. Lawful permanent residence a green card based on marriage to a u s. I 130 petition for alien relative.
For the part of the law concerning conditional resident status based on marriage please see section 216 of the ina. The main purpose of the i 130 form along with supporting documents is to. If you are currently in the united states and you meet certain other requirements you may file form i 485 application to register permanent residence or adjust status to apply for a green card without leaving the country. Citizen you may qualify for a marriage based green card.
In order to obtain immigration benefits available to a spouse there must be. Entry into the u s. Citizen or legal permanent resident and depending upon whether they entered the u s. Citizens immigrant status isn t readily available to spouses of green card holders.
Department of homeland security. Citizens and permanent residents. The specific eligibility requirements and procedures for removing conditions on permanent resident status are included in the code of federal regulations cfr at 8 cfr section 216. To get a marriage based green card the following forms must be filed and submitted.
Understanding the marriage based green card timeline starts with understanding your individual case. There are many factors that go into what you can expect in terms of waiting times. Unlike those married to u s. Establishing the marriage relationship form i 130 the first step in the process of getting a green card through marriage is to submit form i 130 officially called the petition for alien relative to u s.
The rules surrounding marriage and green cards are detailed and complex and largely depend upon whether the marriage was to a citizen or legal permanent resident and if they entered the country legally. If you are married to a u s. Citizen or lawful permanent resident is relatively straightforward and a commonly used path to a green card. But there is still lots to know particularly if you have been laboring under the common misconception that marriage offers immediate or automatic u s.
This is the first step in filing a marriage based green card. The average processing time for a marriage based green card application for a u s. Changing from f 1 visa to marriage based green card if you are married to a permanent resident.
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