Most individuals are aware that the application for a United States permanent residency by marriage to a U.S. citizen is one of the fastest ways of obtaining a permanent residency in the United States. Unlike most other U.S. immigration situations, a foreign citizen can apply for a green card through 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 U.S. or has overstayed a visa. However, there are some circumstances where one may not be eligible to apply for U.S. permanent residency thru marriage to a United States citizen.
One is eligible to apply for a U.S. permanent residency through marriage to a U.S. citizen by means of adjustment of status if he or she is inside the country and otherwise meets the qualifications. Some foreign nationals are not eligible for the marriage green card process. For example, the following types of persons are not eligible for green card via marriage process in the U.S.: 1) a individual who entered the USA without being inspected; or 2) a person who entered the USA as a Crewman. There are other circumstances which may also bar one from adjustment of status in the United States as well.
The first part of the green card via marriage process is for the U.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 relationship between the United States spouse and the foreign spouse.
The second step is for the foreign national spouse to submit a Form I-485 either simultaneously with the I-130 petition or anytime subsequent to the I-130 submission and/or approval. Typically, most I-485 applications are submitted simultaneously with the I-130 petition. In addition to the I-485 application, the foreign national will have to have a medical exam conducted by a doctor designated by the USCIS who will complete an I-693 form as part of the exam.