Marriage Based Green Card

Marriage Based Green Card

Marriage Based Green Card

US citizens and US permanent residents who are living in the United States have the ability to petition for the admittance of their spouse as a United States Permanent Resident at any time. While the length of time required to obtain an approval may vary, depending upon the circumstances surrounding each individual application, United States Green Cards are issued on the basis of Marriage which can sometimes be obtained in as little as 6 months.

There are several marriage based green card options for individuals who are already in the United States and this depends on marriage to a US citizen or marriage to a permanent resident, whether entered United States legally or illegally.

Eligibility Criteria:

In order to sponsor a spouse for a marriage based green card, the sponsors or the petitioners must be either US citizens or permanent residents. In addition to this, the sponsors must meet the following requirements.

The sponsor and the immigrant must be legally married and must produce a valid marriage certificate. People who are not married will not be allowed to file this petition.

The sponsor must be at least 18 years of age to be able to sign the affidavit of support

Must provide few documents such as copy of immigrant's passport, medical examinations and police clearances, proof of the sponsor's citizenship, marriage certificate and if applicable must provide evidence of termination of previous marriage.

If the US citizen is living in the United States and petitions his or her spouse who is abroad, the process of obtaining a Green Card through marriage will approximately take 12 to 18 months. But if the US citizen spouse is living abroad with his or her spouse during the time of application, then a new Immigrant Visa can be secured in 16 weeks.

If the sponsor is a permanent resident of the United States, then he or she will have to be present in the United States at the time of the application. The sponsors will not be allowed to file petition while abroad. The processing time to obtain a green card through a permanent resident spouse may take a little longer when compared to that of a US citizen spouse.

The dependents of the immigrant who is under 21 years of age can be included in the green card petition only when they are provided 100% support by the immigrant spouse. The sponsor must file form I 130 to USCIS to petition for a green card for his or her spouse. Once the petition has been filed by the spouse in United States, USCIS will review the application and the supporting documents. If the petition is approved, the sponsor will receive a letter from the USCIS. The Department of State will then send a visa number to the immigrant and using the visa number the immigrant must apply for immigrant visa at the US consulate in his or her home country. If the immigrant is already in the United States in another non - immigrant visa, then he or she may file for adjustment of status to a permanent resident. Once the application is approved, the green card will be sent to the immigrant.

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