Acquiring a Green Card By way of Marriage to a U.S. Citizen
Most people are conscious that applying for a green card via marriage to a U.S. citizen is one of the fastest methods of obtaining a green card in the United States. As opposed to most other U.S. immigration matters, a foreign individual can apply for a green card by way of marriage to a U.S. citizen, assuming he or she is inside the U.S., even if he or she has unlawful presence in the United States or has overstayed a visa. However, there are limited circumstances exactly where 1 may possibly not be eligible to apply for U.S. permanent residency by means of adjustment of status.
One is eligible to apply for a marriage green card by indicates of adjustment of status if he or she is inside the U.S. and is otherwise eligible. Some people are not eligible for adjustment of status. For example, the following types of people are not eligible for adjustment of status in the U.S.: 1) a foreign national who entered the United States without being inspected and 2) a foreign national who entered the U.S. as a D-1 or D-two Crewman (there are other circumstances which may possibly also bar 1 from adjustment of status as well).
The first stage of the adjustment of status marriage based green card approach is for the United State’s citizen spouse to submit an I-130 Immigrant Relative Petition on behalf of the foreign national spouse. The I-130 petition establishes the family members relationship among the U.S. spouse and the foreign spouse.
The second step is for the foreign spouse to submit an I-485 Adjustment of status application either simultaneously with the I-130 petition or anytime following the I-130 has been sent and/or approved. Usually, most I-485 applications are submitted at the exact same time as the I-130 petition. In addition to the I-485 application, the foreign national will have to have a medical exam conducted by a USCIS designated surgeon who will complete an I-693 form as component of the medical exam. The I-693 need to be submitted with the I-485 as component of the marriage green card application.
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In addition to the medical exam, an Affidavit of Support should also be submitted with the marriage green card application. The Affidavit of Support is a highly essential part of the application and need to be completed by the U.S. spouse regardless of his or her income. The thought behind the affidavit of support is that the United States government does not want the foreign spouse to become a “public charge” (receive government assistance or welfare in the United States). If the affidavit of support specifications are not met through either the sponsor or a joint sponsor, then the application for adjustment of status will not be approved. The affidavit of support is a legally enforceable contract obligating the U.S. citizen spouse and any joint sponsor to financially support the foreign spouse under certain circumstances.
If the U.S. citizen does not meet the income guidelines for affidavit of support, which is frequent, then either a joint sponsor will be necessary or, in some circumstances, the income and/or assets of the foreign spouse can be used. The usual scenario is that a joint sponsor is employed and that person also completes an Affidavit of Support application in addition to the U.S. citizen spouse. A joint sponsor can be any U.S. citizen or permanent resident (green card holder) and he or she want not be related to either the U.S. citizen spouse or the foreign national spouse.
The Affidavit of Support is a lengthy term commitment by all who sign it. It is legally enforceable by the U.S. government for any indicates-tested public rewards utilized by the sponsored foreign spouse. The obligation to support the foreign spouse ends when the foreign spouse becomes a United States citizen, has earned 40 work quarters (equivalent to approximately 10 years of working), dies, or permanently leaves the United States.
As portion of the adjustment of status approach, the foreign spouse will be allowed to apply for work authorization and advance parole although the application is pending. Function authorization will give the foreign spouse legal authority to function in the U.S., while advance parole can be utilized to travel outside of the U.S. whilst the adjustment of status application is pending. If you travel outside of the U.S. although your adjustment of status application is pending before receiving advance parole, you will have abandoned your adjustment application, unless you are in H-1B or L-1 status.
Soon after filing the applications receipt notices will be issued by USCIS confirming receipt of the applications. In addition, a biometrics appointment will be scheduled for the foreign national spouse. There will also be a wait (approximately 45-90 days) for function authorization and advance parole. Shortly thereafter, a notice will arrive scheduling an appointment for an interview, which is the last step of the procedure.
Many dread the green card interview, whether it is simply because of rumors heard from other people, data obtained on the web, or just general fear of dealing with the government face to face. If you have entered your marriage in very good faith, are properly-informed concerning the interview method, and have all the needed supporting documents, you have nothing to fear with a properly-prepared case. It is crucial to work closely with your lawyer prior to the interview to make confident you are properly-prepared for the interview and that you have gathered all the needed supporting supplies.
In the case of a green card marriage application, it is extremely essential that both spouses completely comprehend their certain case and the actions involved in the method. Competent legal counsel is important via all parts of the application method and consequently it is strongly advised that you function with an attorney skilled in these matters before moving forward. A green card is a highly sought after U.S. immigration benefit and some thing that ought to be pursued with excellent care.
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Status Application,
Applying For A Green Card,
Adjustment Of Status,
family members,
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