Obtaining a marriage-based Green Card for a foreign spouse while they are abroad involves several steps and requires careful preparation. Here’s a checklist to guide you through the process:
Preparing Documents:
- Marriage Certificate: Ensure you have a valid and official marriage certificate.
- Passport Copies: Copies of the passport of the foreign spouse.
- Birth Certificates: Copies of birth certificates for both spouses.
- Police Certificates: Obtain police certificates from all countries where the foreign spouse has lived for six months or more since age 16.
- Medical Examination: Schedule and undergo a medical examination by an approved physician. The results will be submitted directly to USCIS.
- Affidavit of Support: Complete Form I-864, Affidavit of Support, to demonstrate the financial ability to support the foreign spouse.
- Proof of Sponsor’s Status: Copies of documents proving the sponsor’s U.S. citizenship or lawful permanent resident status.
- Evidence of Relationship: Gather documents proving the authenticity of the marital relationship, such as photos, joint bank account statements, lease agreements, etc.
- Form DS-260: Complete Form DS-260, Online Immigrant Visa Application, through the Department of State’s Consular Electronic Application Center (CEAC).
Filing the Petition:
- I-130 Petition: File Form I-130, Petition for Alien Relative, with USCIS. This establishes the relationship between the petitioner and the foreign spouse.
- Check USCIS Processing Times: Monitor USCIS processing times for Form I-130. Once approved, USCIS will transfer the case to the National Visa Center (NVC).
National Visa Center (NVC) Stage:
- Case Number Assignment: Receive a case number from the NVC and submit required fees and documents, including the Affidavit of Support and DS-260.
- Collect Civil Documents: Submit all required civil documents to the NVC, including passports, birth certificates, marriage certificate, police certificates, and any other requested documents.
- Submit Affidavit of Support: Provide the Affidavit of Support and supporting financial documents to demonstrate the sponsor’s ability to financially support the immigrant spouse.
- Complete DS-260: Complete the DS-260 form online for the immigrant visa application.
Consular Interview:
- Schedule Interview: Once the NVC has processed all documents and fees, the foreign spouse will be scheduled for a consular interview at the U.S. embassy or consulate in their home country.
- Attend Interview: Attend the consular interview with all required documents, including the original copies.
- Medical Examination: Complete the required medical examination before the interview.
After Approval:
- Immigrant Visa Issuance: If approved, the foreign spouse will receive an immigrant visa packet.
- Travel to the U.S.: Travel to the United States with the immigrant visa packet.
- Obtain Green Card: Once in the U.S., the immigrant spouse must pay the USCIS Immigrant Fee and will receive the Green Card via mail.
Additional Tips:
- Consult with an Immigration Attorney: Consider consulting with an immigration attorney to ensure all steps are completed correctly.
- Stay Informed: Keep updated with any changes in immigration policies or procedures.
This checklist should help you navigate the process of obtaining a marriage-based Green Card for a foreign spouse who is abroad. Make sure to double-check all requirements and deadlines to avoid delays or complications in the process.
Marriage Green Card Checklist – Both Spouses in the U.S.
If both spouses are in the U.S. and you’re applying for a marriage-based Green Card, the process is somewhat different from when one spouse is abroad. Here’s a checklist tailored for this situation:
Preparing Documents:
- Marriage Certificate: Ensure you have a valid and official marriage certificate.
- Passport Copies: Copies of the passport of the foreign spouse.
- Birth Certificates: Copies of birth certificates for both spouses.
- Police Certificates: If applicable, obtain police certificates from all countries where the foreign spouse has lived for six months or more since age 16.
- Medical Examination: Schedule and undergo a medical examination by an approved physician. The results will be submitted directly to USCIS.
- Affidavit of Support: Complete Form I-864, Affidavit of Support, to demonstrate the financial ability to support the foreign spouse.
- Proof of Sponsor’s Status: Copies of documents proving the sponsor’s U.S. citizenship or lawful permanent resident status.
- Evidence of Relationship: Gather documents proving the authenticity of the marital relationship, such as photos, joint bank account statements, lease agreements, etc.
- Form I-485: Complete Form I-485, Application to Register Permanent Residence or Adjust Status, for the foreign spouse.
Filing the Petition:
- I-130 Petition: File Form I-130, Petition for Alien Relative, with USCIS. This establishes the relationship between the petitioner and the foreign spouse.
- Check USCIS Processing Times: Monitor USCIS processing times for Form I-130. Once approved, proceed to file Form I-485.
Filing for Adjustment of Status:
- Form I-485: Submit Form I-485 along with all required documents and fees to USCIS. This is the application for the foreign spouse to adjust their status to a lawful permanent resident.
- Biometrics Appointment: Attend the biometrics appointment scheduled by USCIS for fingerprinting and photographs.
- Interview Notice: Wait for USCIS to schedule an interview at a local USCIS office.
- Prepare for Interview: Prepare for the marriage-based Green Card interview by reviewing all documents and practicing interview questions with your spouse.
Interview:
- Attend Interview: Attend the scheduled interview with USCIS. Bring all original documents and evidence of your relationship.
- Answer Questions: Answer all questions truthfully and to the best of your ability during the interview.
- Receive Decision: Receive a decision from USCIS regarding the Green Card application. If approved, the Green Card will be mailed to the foreign spouse.
Additional Tips:
- Stay Informed: Keep updated with any changes in immigration policies or procedures.
- Follow USCIS Instructions: Adhere to all instructions provided by USCIS throughout the application process.
- Consult with an Immigration Attorney: Consider consulting with an immigration attorney for guidance and assistance, especially if there are any complexities in your case.
This checklist should help you navigate the process of obtaining a marriage-based Green Card when both spouses are in the U.S. Make sure to double-check all requirements and deadlines to ensure a smooth application process.