How to apply for a spousal visa if married to a green card holder and live abroad?
Applying for a spousal visa when you are married to a U.S. green card holder and live abroad involves a multi-step process. Here are the general steps you should follow:
- Determine Eligibility:
- Ensure that you are legally married to the green card holder. Common-law marriages may also be accepted if they are recognized in the country where they took place.
- Make sure the U.S. green card holder is eligible to sponsor you. They must be a permanent resident (green card holder) and not a U.S. citizen.
- File Form I-130, Petition for Alien Relative:
- The U.S. green card holder should start the process by filing Form I-130 with the U.S. Citizenship and Immigration Services (USCIS). This form establishes the qualifying relationship between the green card holder and the spouse living abroad.
- Along with Form I-130, include supporting documents such as marriage certificates, proof of the green card holder’s status, and proof of any prior marriages for both parties.
- Wait for USCIS Approval:
- After filing Form I-130, the USCIS will review the petition. If it is approved, they will send a Notice of Approval (Form I-797) to the U.S. green card holder.
- Case Transfer to the National Visa Center (NVC):
- Once the I-130 is approved, the case will be transferred to the National Visa Center (NVC). The NVC will notify the green card holder and provide instructions on how to proceed, including the payment of processing fees.
- Complete Affidavit of Support:
- The U.S. green card holder will need to submit an Affidavit of Support (Form I-864) to demonstrate their ability to financially support the spouse seeking the visa.
- Compile Required Documents:
- The spouse living abroad should gather the required documents, which typically include a valid passport, medical examination results, police clearance certificates, and visa application forms (DS-260).
- Attend Visa Interview:
- The spouse living abroad will be required to attend an interview at the U.S. embassy or consulate in their home country. They should bring all the necessary documents and be prepared to answer questions about their relationship and background.
- Visa Approval and Immigrant Visa Packet:
- If the visa is approved, the U.S. embassy or consulate will issue an immigrant visa on the passport. The spouse will also receive a sealed immigrant visa packet.
- Travel to the U.S.:
- Upon receiving the immigrant visa, the spouse can travel to the United States. The visa is typically valid for a specified period.
- Pay the USCIS Immigrant Fee:
- Before entering the U.S., the immigrant must pay the USCIS immigrant fee online.
- Arrive in the U.S. and Obtain a Green Card:
- After entering the U.S. on the immigrant visa, the spouse will become a U.S. permanent resident. The actual green card (Form I-551) will be mailed to their U.S. address.
How to apply for a spousal visa if married to a US citizen living abroad?
If you are married to a U.S. citizen and living abroad, you can apply for a spousal visa to immigrate to the United States. The process typically involves the following steps:
- Determine Eligibility:
- Ensure that you are legally married to a U.S. citizen.
- File Form I-130, Petition for Alien Relative:
- Your U.S. citizen spouse should initiate the process by filing Form I-130 with the U.S. Citizenship and Immigration Services (USCIS). This form establishes the qualifying relationship between the U.S. citizen and the spouse living abroad.
- Along with Form I-130, include supporting documents such as marriage certificates, proof of the U.S. citizen’s citizenship (e.g., a copy of their U.S. passport or birth certificate), and proof of any prior marriages for both parties.
- Wait for USCIS Approval:
- After filing Form I-130, the USCIS will review the petition. If it is approved, they will send a Notice of Approval (Form I-797) to your U.S. citizen spouse.
- Case Transfer to the National Visa Center (NVC):
- Once the I-130 is approved, the case will be transferred to the National Visa Center (NVC). The NVC will notify your U.S. citizen spouse and provide instructions on how to proceed, including the payment of processing fees.
- Compile Required Documents:
- You, as the spouse living abroad, should gather the required documents, which typically include a valid passport, medical examination results, police clearance certificates, and visa application forms (DS-260).
- Attend Visa Interview:
- You will be required to attend an interview at the U.S. embassy or consulate in your home country. You should bring all the necessary documents and be prepared to answer questions about your relationship and background.
- Visa Approval and Immigrant Visa Packet:
- If the visa is approved, the U.S. embassy or consulate will issue an immigrant visa on your passport. You will also receive a sealed immigrant visa packet.
- Travel to the U.S.:
- Upon receiving the immigrant visa, you can travel to the United States. The visa is typically valid for a specified period.
- Pay the USCIS Immigrant Fee:
- Before entering the U.S., you must pay the USCIS immigrant fee online.
- Arrive in the U.S. and Obtain a Green Card:
- After entering the U.S. on the immigrant visa, you will become a U.S. permanent resident. The actual green card (Form I-551) will be mailed to your U.S. address.
How to apply for a marriage green card if married to a US citizen and living in the US?
If you are married to a U.S. citizen and living in the United States, you can apply for a marriage-based green card, also known as a family-sponsored immigrant visa (Form I-130/I-485 package). Here are the general steps to apply for a marriage green card:
- Eligibility and Preparation:
- Ensure that you are legally married to a U.S. citizen.
- Verify that you are admissible to the United States and meet the eligibility criteria.
- File Form I-130, Petition for Alien Relative:
- Your U.S. citizen spouse should file Form I-130 with the U.S. Citizenship and Immigration Services (USCIS). This form establishes the qualifying relationship between the U.S. citizen and the foreign spouse.
- Wait for USCIS Approval:
- After submitting Form I-130, the USCIS will review the petition. If it is approved, they will send a Notice of Approval (Form I-797) to your U.S. citizen spouse.
- File Form I-485, Application to Register Permanent Residence or Adjust Status:
- Once Form I-130 is approved, you (the foreign spouse) should file Form I-485 to adjust your status to that of a U.S. permanent resident.
- Along with Form I-485, submit supporting documents such as Form I-864 (Affidavit of Support), Form I-765 (Application for Employment Authorization), and Form I-131 (Application for Travel Document), if needed.
- Biometrics Appointment:
- You will receive a notice for a biometrics appointment at a USCIS Application Support Center. Attend the appointment to provide fingerprints, photographs, and signature.
- Attend Interviews (if required):
- You and your U.S. citizen spouse may be required to attend an interview at a USCIS office. Be prepared to answer questions about your relationship and background.
- Receive Employment Authorization (Optional):
- If you filed Form I-765, you may receive an Employment Authorization Document (EAD) that allows you to work while your green card application is pending.
- Receive Travel Document (Optional):
- If you filed Form I-131, you may receive a travel document (Advance Parole) that allows you to travel outside the U.S. while your green card application is pending.
- Wait for Decision:
- USCIS will process your application, conduct background checks, and make a decision on your green card application.
- Receive Conditional Green Card (if applicable):
- If you have been married for less than two years at the time of approval, you will initially receive a conditional green card that is valid for two years.
- Remove Conditions (if applicable):
- If you have a conditional green card, you will need to file Form I-751, Petition to Remove Conditions on Residence, jointly with your spouse before the card expires.
- Receive Permanent Green Card:
- If USCIS approves the I-751 petition, you will receive a permanent (10-year) green card.