What are the necessary requirements and procedures for obtaining a marriage-based green card in the United States?

Answer:

Obtaining a marriage-based green card in the United States involves several steps and requirements. Here’s a detailed guide to help you understand the process:

**1. Eligibility Criteria:

  • Legitimate Marriage: The marriage must be legally recognized and bona fide, meaning it is not solely for immigration purposes.
  • U.S. Citizenship or Permanent Residency: One spouse must be a U.S. citizen or a lawful permanent resident (green card holder).
  • Valid Marriage Certificate: A certified copy of the marriage certificate must be provided.

**2. Filing the Petition:

  • Form I-130: The U.S. citizen or permanent resident spouse must file Form I-130, Petition for Alien Relative, to establish the relationship.
  • Supporting Documents: Include proof of the petitioner’s status, proof of the bona fide marriage, and other supporting documents like joint bank statements, lease agreements, and photos.
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**3. Adjustment of Status or Consular Processing:

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  • Adjustment of Status (Form I-485): If the foreign spouse is in the U.S., they can file Form I-485 to adjust their status to permanent resident.
  • Consular Processing: If the foreign spouse is outside the U.S., they will go through consular processing at a U.S. embassy or consulate in their home country.

**4. Biometrics Appointment:

  • The foreign spouse will receive an appointment notice to provide fingerprints, photographs, and a signature at a USCIS Application Support Center.

**5. Interview:

  • Interview Notice: Both spouses will be required to attend an interview with a USCIS officer. The interview helps verify the authenticity of the marriage.
  • Questions: Be prepared to answer questions about your relationship, living arrangements, and future plans.
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**6. Approval and Green Card Issuance:

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  • Conditional Green Card: If the marriage is less than two years old, a conditional green card valid for two years will be issued.
  • Permanent Green Card: After two years, the couple must file Form I-751 to remove the conditions and obtain a permanent green card.

**7. Follow-Up Requirements:

  • Removing Conditions: File Form I-751 jointly within 90 days before the conditional green card expires.
  • Naturalization: After three years as a green card holder, the foreign spouse may be eligible to apply for U.S. citizenship.

For a more comprehensive guide and legal advice on obtaining a marriage-based green card, visit our detailed article here: Marriage-Based Green Cards: Requirements and Procedures. Ensure you meet all requirements and navigate the process smoothly with our expert tips and insights!

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