A Comprehensive Guide to Obtaining a Green Card through Marriage to a U.S. Citizen

This article aims to provide readers with a concise overview
of the process involved in acquiring a green card via marriage to a U.S. citizen.
Given the ever-evolving nature of immigration laws, especially with the
backdrop of recent political developments, it is crucial to stay abreast of the
latest changes. You can do so by regularly engaging with our informative
content.

1. The Basics The initial step in this journey
involves establishing the current residence of the foreign spouse, as the
procedure differs based on their location — either within or outside the U.S.

A. If the Foreign Spouse is Residing in the U.S.:
This pathway is termed “Adjustment of Status.” Key prerequisites for
this include legal entry into the U.S., the absence of a deportation order, and
no history of serious criminal offenses. Supposing the foreign spouse meets
these stipulations and possesses a valid status in the U.S.:

The
U.S. citizen spouse should commence the application by completing the
I-130 form.
Another
pivotal document is the I-485 form.
While
processing, requests for employment or travel permits can be made.
It is
advisable to collate all essential forms, corroborative information, and
evidentiary documents affirming the authenticity of your marriage, and
submit them collectively to the immigration office.

There are a couple of pertinent inquiries:

i. Can a U.S. citizen pledge sponsorship for their
foreign spouse?

To ensure financial backing, the U.S. citizen spouse should
complete requisite forms. Their income should surpass a specific benchmark,
annually determined by the USCIS. If it falls short, a co-sponsor is
necessitated.

ii. When will the employment and travel permit be
sanctioned?

Due to the considerable backlog at the USCIS, with some delays
extending beyond 10 months since 2020, patience is of the essence.

B. If the Foreign Spouse is Residing Outside the U.S.:
This route is termed “Consular Processing.” In essence, the foreign
spouse should acquire an immigrant visa from a U.S. embassy or consulate. Upon
arrival in the U.S. within the designated period and after making the requisite
payment, the USCIS is anticipated to sanction the Green Card.

To embark on this path:

The
U.S. citizen spouse should initially complete the I-130 form.
Following
its approval, supplementary civil and financial details and documents
should be uploaded onto a digital platform.
Conclusively,
the foreign spouse is mandated to participate in an interview at the U.S.
embassy. Depending on its outcome, an immigrant visa might be granted.

It is pertinent to acknowledge that consular processing might be more time-intensive than the adjustment of status.

This overview serves as an introduction to the multifaceted realm of green card acquisition through marriage to a U.S. citizen. For an exhaustive consultation, you’re invited to book an appointment via our official website. Also, for real-time updates, ensure you’re connected with our social media channels. We eagerly await our next interaction.

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