Section 1: Initial Steps and Eligibility for Marriage-Based Immigration
Marriage to a U.S. Citizen or Lawful Permanent Resident
To start the immigration process, the foreign national must be married to a U.S. citizen or a lawful permanent resident (green card holder). This marriage has to be:
- Legally valid and recognized in the place where it happened.
- Cannot be fraudulent or violate any federal or state laws.
For example, if the marriage took place in a country where it is recognized legally, it will generally be valid for U.S. immigration purposes too.
Learn more about marriage to U.S. citizens and lawful permanent residents.
Legal Requirements and Validity
The U.S. Citizenship and Immigration Services (USCIS) requires the marriage to be genuine and not just for immigration benefits. They will check:
- If the couple intends to build a life together.
- If the marriage is not a sham or fake.
USCIS will review documents and may ask questions to see if the marriage is real, based on the couple’s intentions when they got married.
Learn more about legal requirements for marriage-based immigration.
Eligibility Criteria
Both spouses must meet certain criteria:
- The U.S. citizen or green card holder must be at least 21 years old to file the petition.
- The foreign national spouse must have entered the U.S. legally and not be ineligible due to health or other reasons.
For example, the U.S. citizen must prove their age, and the foreign spouse must show they entered the U.S. following all laws.
Check your eligibility for marriage-based immigration.
Section 2: Filing Necessary Forms and Documentation
Filing Form I-130 (Petition for Alien Relative)
- The U.S. citizen or lawful permanent resident spouse must fill out Form I-130. They will send this form to the U.S. Citizenship and Immigration Services (USCIS).
- This form helps establish that the relationship is legitimate.
- Documents needed include:
- Marriage certificate
- Copies of passports
- Photos together
For more information on filing Form I-130, visit the official USCIS page.
Submitting Supporting Documents
- Along with Form I-130, you must submit additional documents, such as:
- Proof of divorce from any previous marriages (if applicable)
- Proof of legal entry into the U.S. for the foreign national spouse
- Birth certificates for both spouses
These documents help USCIS verify the legitimacy of your relationship and your eligibility for the immigration process.
Filing Fees and Procedures
- The filing fee for Form I-130 is $675.
- Payment must be included with your application package.
- After filing, USCIS will process your application. This involves:
- Reviewing your forms and documents
- Checking the validity of the information provided
Patience is key, as this part of the process can take several months. For more details on costs and procedures, refer to USCIS’s official guidelines.
Section 3: Adjustment of Status or Consular Processing
Adjustment of Status (Form I-485)
If the foreign national spouse is currently living in the U.S., they need to file Form I-485 with U.S. Citizenship and Immigration Services (USCIS). This form allows the spouse to adjust their status to that of a lawful permanent resident (get a green card). Here’s what you need to know:
- Supporting Forms: This form must be accompanied by Form I-864, Affidavit of Support, which shows that the U.S. spouse can financially support the foreign national spouse.
- Required Documents: The required documents include the foreign spouse’s birth certificate, proof of lawful entry into the U.S., and proof of completing an immigration medical examination.
The total fee for Form I-485 is $1,225, which includes the biometrics fee for fingerprinting[source].
Consular Processing (Form DS-260)
If the foreign national spouse is outside the U.S., they will use consular processing. Here’s what happens:
- Approval of Form I-130: Once Form I-130 is approved, it is sent to the National Visa Center (NVC).
- NVC Instructions: The NVC will instruct the applicant to complete Form DS-260 and to submit supporting documents like marriage certificates, police certificates, and the Affidavit of Support (Form I-864).
- Visa Interview: After submitting Form DS-260, the foreign national spouse will be scheduled for a visa interview at a U.S. embassy or consulate in their country.
The total fee for consular processing includes the immigrant visa application fee, which is about $325[source].
Biometrics Appointment and Interview
After submitting the necessary forms, the foreign national spouse will be scheduled for a biometrics appointment and a green card interview:
- Biometrics Appointment: The foreign national spouse will provide fingerprints, photos, and signatures for background checks.
- Green Card Interview: Both spouses will attend an interview at a local USCIS office (if in the U.S.) or at the U.S. embassy/consulate (if outside the U.S.). The officer will ask questions to verify the legitimacy of the marriage. This could include questions about how the couple met, their daily life, and their plans for the future. Bringing evidence like joint bank account statements, photos, and lease agreements can help[source].
By completing these steps, you move closer to obtaining a green card and enjoying life in the U.S. as a lawful permanent resident.