Legal

Marriage-Based Green Cards – Steps to Gaining Permanent Abroad Residency

Securing a marriage-based Green Card is a significant step for couples seeking to establish permanent residency in the U.S. The process involves several well-defined stages to ensure that the marriage is legitimate and that the applicant meets all the criteria for permanent residency. Here is an overview of the typical steps involved in obtaining a marriage-based Green Card. The journey begins with the U.S. citizen or lawful permanent resident spouse filing Form I-130, Petition for Alien Relative. This form is used to establish the authenticity of the marital relationship and to demonstrate that the U.S. spouse is legally able to sponsor their partner. Alongside Form I-130, the petitioner must submit proof of their U.S. citizenship or permanent residency, as well as evidence of a bona fide marriage. This includes documents like marriage certificates, joint financial records, and photos of the couple together, which collectively help to prove the marriage is genuine and not solely for immigration purposes.

Once Form I-130 is approved, the next phase depends on whether the applicant is inside or outside the U.S. If the applicant is already in the U.S., they will need to file Form I-485, Application to Register Permanent Residence or Adjust Status. This form allows the applicant to transition from their current visa status to that of a lawful permanent resident. If the applicant is outside the U.S., the process involves consular processing. In this case, after the I-130 petition is approved, the applicant will apply for an law firm of marcelle poirier at a U.S. embassy or consulate in their home country. Both processes involve similar subsequent steps, including submitting Form I-864, Affidavit of Support, where the U.S. spouse demonstrates their ability to financially support their partner. The applicant will also need to undergo a medical examination and provide police clearance certificates as part of the application process.

A critical component of the marriage-based Green Card process is the interview. Whether adjusting status within the U.S. or going through consular processing, the couple will be interviewed by immigration officials. This interview is designed to verify the authenticity of the marriage and to assess whether the relationship is genuine. It is essential for both spouses to prepare thoroughly, providing consistent and truthful answers about their relationship history and daily life. If the application is approved, the applicant receives their Green Card, granting them permanent resident status. Initially, this card is typically issued on a conditional basis if the marriage is less than two years old at the time of approval. This conditional status is valid for two years, after which the couple must file Form I-751, Petition to Remove Conditions on Residence, to obtain a permanent Green Card.