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You can get green card of the USA, if your spouse is its citizen. You will naturally be eligible to file petition for getting this card through marriage.
But, you have to present evidence and concrete facts of your intentions. The consular officers scan your intentions during the visa interview. If they conclude them deceitful, your visa application could be rejected.
The green card through marriage brings along the lingering benefits for non-residents live and work anywhere in the United States. The NRIs attain the status of a permanent resident. But if, they apply for the US citizenship, they gain the leverage to live and work three more years there.
- File Petition for Alien Relative via Form I-130:
Before knowing about this form, you should know about the beneficiary and the petitioner/sponsor. Let’s say, you’re a citizen of the US. Now, you want to call your wife from Australia to settle with. In this case, you have to file a petition to sponsor her. Thereby, you’ll be the “sponsor/petitioner”. On the other hand, your wife would be considered the “beneficiary”.
The sponsorship procedure begins by submitting the Form I-130. It is also called “the Petition for Alien Relative”. The sponsor can also sponsor his relatives, mother or father through it. But, he has to file separate petitions for each one.
This form serves the purpose of pulling out a valid proof of the relationship between the beneficiary and the sponsor. In the aforementioned case, the petitioner should present all evidences in support of his marriage.
Which supporting documents should you have?
- Birth certificate of the sponsor
- Naturalization certificate
- Valid US passport photo page
- Or, a copy of the petitioner’s green card
- Marriage certificate showing the names of both spouses, place and date of the marriage
- A joint lease or medical insurance policy/ joint bank account statement/ pictures
- Proof of divorce, if was married before
Steps to file Form I-130:
- While following Form I-130 instructions, mail it to the USCIS.
- If the USCIS requires some more evidences, it can send a Request for Evidence (RFE) within 2-3 months.
- Get the receipt within 2 weeks.
- The approval may take 7 to 15 months.
If you find it tough to go through this step, talk to the expert NRI consultants, like Services 2NRI.
- Apply for green card through marriage:
This step is an ordeal for the beneficiary. The US immigration authority has separate guidelines for the natives and the foreigners in this regard. The beneficiary living outside the United States have to check the visa bulletin. If the bulletin has it together with various annual caps, he/she can fill up the Form I-485. This form shows the eligibility of the beneficiary to get a green card. The immigration authority of that country presently approves within 9 to 11 months.
Which supporting documents should you have?
- Proof of nationality, like birth certificate and passport
- Proof of lawful entry into the US
- Medical examination report by the USCIS-approved doctor
- Affidavit of Support/Form I-864 to prove the financial capacity of the sponsor
- Fee
The steps of getting approval of the US consul will be similar to the aforementioned steps. Therefore, the processing time will be same as in the first step.
- Appear in the green card interview:
This step is a face-to-face interview round. If your sponsor lives in the US, he/she won’t be a part of this round. It would occur in the US embassy in the country where the beneficiary lives. If all go well, the approval on green card through marriage will come within 2 to 3 weeks.
As said in the beginning, the consulate will try to scan your intentions. They want to assess the authenticity of your marriage. Therefore, the questions would be focused on the history of your relationship, daily activity and future plans together.
