Family life is great, especially where you have the love and support of your loved ones. This support system may be disrupted if your spouse or a family member is not with you. If your spouse or relative is an American citizen, but you are a foreigner, you will want to join them. You can do this by obtaining a family-based green card. The green card application process aims at unifying people who are not American citizens with their relatives based in the U.S.
The procedure for obtaining a family-based green card is stressful and difficult, especially if you are a young couple. This may be since you want to be with your loved one immediately, while the green card application process takes time. The process of applying for a family-based green card involves several steps. While your sponsor handles some steps, you must handle others as the person intending to have the green card.
To qualify for a family-based green card and gain eligibility to gain U.S citizenship, you must have a familial relationship with your sponsor. To prove a qualifying relationship between you and your sponsor, you will have to take the following steps:
Step 1: Determine Whether You Meet Family-Based Eligibility Criteria
Family-based green cards are split into family preference and immediate relatives groups. When it comes to immediate relatives, you will need to have a close family relationship with your sponsor or U.S citizen. Family preference is a category where you have a distant family relationship with your sponsor.
Immediate Relative Category (IR)
In this category, you will qualify to apply for a green card if:
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Your spouse is a United States citizen (IR-1).
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You are an unmarried child aged below 21 years of a United States citizen (IR-2).
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You are an orphan living abroad but adopted by a U.S citizen (IR-3).
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You are an orphan living in the U.S. but adopted by a U.S citizen (IR-4).
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If you are a parent of a child aged 21 years and above but who is a U.S citizen (IR-5).
Family Preference Category (F1-F4)
You will qualify for a green card under this category when:
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You are an unmarried child of a United States citizen aged 21 years and above (F1).
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A child, spouse, or unmarried child aged 21 years and above of a United States citizen (F2).
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You are a married child of a U.S permanent resident. Under this category, your spouse and children can also apply for a green card (F3).
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If you are a sister or a brother of a U.S permanent resident and your children are minors, and your spouse( F4). In this case, your sibling must be aged 21 years and above.
Step 2: The U.S Permanent Resident or Citizen Instigates the Visa Petition Process
Your sponsor or US citizen starts off the visa application process. Your spouse will do this by filling and submitting Form 1-130. They will send this form to the U.S Citizenship and Immigration Service (USCIS).
Submitting this form advises the USCIS that your spouse intends to sponsor you and prove your relationship's existence. Your sponsor will petition by filling in forms 1-130 and submit them along with other relevant documents to verify your relationship and to prove that everything is legal.
During this process, your spouse or relative who is a U.S. citizen will act as your petitioner or sponsor. On the other hand, you are the beneficiary or applicant as the person applying for the family-based green card. Your spouse must fill in Form 1-130 wholly and accurately, which calls for extra caution during this step.
You should submit form 1-130 by mailing them to the United States Citizenship and Immigration Service (USCIS). Also, ensure that this package contains the fee required for this process and documents that prove the relationship between the sponsor and the beneficiary.
Supporting Documents That Accompanies Form 1-130
When submitting forms 1-130, you must show that your sponsor is an American citizen. You can prove that your sponsor is an American citizen by showing their:
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Green card
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Birth certificate
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Naturalization certificate
If you are applying via marriage, prove that you are legally married and not a scam. You can use your marriage certificate and your legal names as the married couple. You will have to attach copies of documents that show where the wedding took place and when. To prove that your marriage is real, you can show the property you jointly own, details of your joint account, or some pictures showing your life together.
In case of a divorce, you will need to attach a document that shows that your previous marriage has been terminated.
Form I-130 Processing Time
After mailing your Form 1-130 to the USCIS address, you will receive an acknowledgment note. If the USCIS requires more information, they will send a request for additional information to the address of the sponsoring person.
This package will reach your sponsor 8-12 weeks after sending the 1-130 package. After submitting all the required documents, it will take USCIS about 7 to 15 months to decide. When the USCIS approves your 1-130, they send a notice to let you know.
Step 3: USCIS Decides On Your Visa Petition
If you are dealing with a case requiring USCIS approval, you should be prepared to wait for several months before moving forward. Sometimes, the USCIS can even deny your petition, and if this happens, you should try to find out the reason behind it before filing a new petition.
USCIS Forwards Your Immigration Case To NVC
If USCIS approves your petition, they will forward your case to the NVC (National Visa Center) to process your visa. If you are applying for a marriage-based green card while in a foreign country, the NVC will send paperwork to your sponsor requesting information on their financial capability to sponsor you until you are financially stable.
Submission Of Form 1-864
Your sponsor will also have to prove to the immigration department that they are in a position to support you financially if your petition is approved. Your sponsor will submit an affidavit that shows that they can financially support you until you are gainfully employed after settling in the U.S. Once this is accomplished, the NVC will forward your immigration case to the U.S consulate in your home country. If you are filing under the preference relative category, you will have an extra step added to your green card application process, making your wait longer.
Step 4: Applying for a Marriage Green Card
You will realize that the government will use your location to determine your eligibility for marriage-based green card applications. The government will choose various methods for your application if you are based in the U.S and other ways if you're applying while in a foreign country. If you are in a foreign country while applying for a green card, you will visit your embassy or consulate and apply for an immigrant visa. If you are already based in the U.S under a nonimmigrant visa, all you will have to do is apply for a status change.
Adjustment of Status
You will file for adjustment of status if you are already in the United States while applying for your green card. You will file this form to help the USCIS determine if you are eligible for a marriage-based green card. Adjustment of Status allows you to change or adjust your status from nonimmigrant to immigrant and therefore obtain a marriage-based green card. You will have to fill and submit forms 1-485 to petition to adjust your status. Since this will be your primarily green card application, you must prove that you are eligible for a family-based green card.
Supporting Documents For Form 1-485
While filling out forms 1-485, you will need the following documents:
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Proof of your nationality.
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A USCIS-approved doctor conducts medical exam clearance.
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Submission of forms 1-684 is proof of your spouse's financial capability to support you if USCIS approves your petition. Your sponsor may provide tax returns or pay stubs to show they are financially sound to provide for you.
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A copy of 1-94, a travel document that shows that you are legally in the United States.
If your spouse is a U.S permanent resident or citizen, you can combine forms 1-130 and 1-485 in a concurrent filing. Filling these forms simultaneously will increase your chance as this category has a high priority. By doing this, you will complete the filing process within a period that ranges from 9 to 11 months.
Once the department approves your form 1-130 petition, you can adjust your status immediately. Therefore you can have the two forms processed simultaneously, making it possible to file and receive your green card within one year. If your sponsor is in the U.S via a green card, you can not submit forms 1-485 until the State Department validates available green cards via its bulletin.
If You are Living Abroad While Applying for Your Green Card
If you live abroad during your family-based green card application, the application procedure is entirely different. You will start by contacting NVC to file for the green card application package. NVC collects all the necessary forms and documentation and then decides if it will interview or not. If they decide to interview you, they will do so at either embassy or consulate located in your country.
Document That You Require To Complete National Visa Center (NVC) Application
You will need to provide your information by filling out the following forms:
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Proof of your nationality. You can do this by submitting a copy of your birth certificate.
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Submit form DS-260.
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Provide proof that you do not have any record with the police, and you can submit a police clearance report or certificate.
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Form 1-864 shows that your spouse is financially stable to sponsor you if USCIS approves your petition until you are in a position to support yourself.
When you submit this application package to the National Visa Center, it will take 3 to 5 months to complete the process.
If you are a Preference Relative, You Must Wait Until Your Visa is Available
If you are applying under this category, you may not necessarily be eligible for a green card immediately. This is true if you are a child or spouse of a green cardholder. The cause of this is because American law limits the number of green cards to be approved annually. You will realize that the demand is too high for all the petitions to be approved.
Step 5: Attending Marriage-Based Green Card Interview
Attending the USCIS interview is the final step for obtaining a marriage-based green card, and its main aim is to know if your marriage is authentic. The interviewing officer will ask about your daily activities, your plans as a couple, and information regarding your relationship history. After the interview, the officer concludes if your marriage is legal, they will approve, enabling you to have your green card.
While applying for a green card, your location will determine where the interview will be and if your sponsor will be expected to attend. For instance, if both of you are located in the U.S, you will attend the green card interview accompanied by your sponsoring spouse. This interview will take place at a USCIS office branch near you. If USCIS approves your green card, you will receive it in your mail 2 or 3 weeks after the confirmation.
On the other hand, if you are applying from a foreign country, you will have your interview held at your country's closest embassy or consulate. Your sponsoring spouse does not have to attend this interview. You will receive approval on your passport if the interview is successful. This stamp allows you to travel to the U.S. You should note that the USCIS expects you to pay immigrant fees before issuing you the green card.
Duration to Obtain a Marriage-Based Green Card
Obtaining a marriage-based green card mainly depends on your location, but it will generally take you 8 to 14 months. When you marry a U.S citizen, the law puts you on your county’s priority green card list. Also, you will not have to face your country’s quota, which applies to other green card applicants. However, your application will still have to be processed under the Visa Bulletin timeline and priority dates.
Marriage-Based Green Card Timelines
When applying for a marriage-based green card, you may be anxious to know what to expect. These timelines will give you a rough idea of what to expect.
2-3 Weeks After Submitting Your Application
After 2-3 weeks after submitting your green card application, you might receive a notification for receipt of your application from USCIS. Once you have filled in your green card application form correctly, you will receive a response after a few weeks. This response is known as a Notice of Action or form 1-797C.
3-5 Weeks After Submitting Your Application
You will get a notice to schedule your biometric appointment during this time. The notice will contain information regarding your appointments like location, date, and time.
5-8 Weeks After Submitting Your Application
You should keep your biometric appointment during this time. At this appointment, the USCIS officer will take your fingerprints, take your signature, and request your signature. This appointment doesn’t last long, but you should remember to carry the following documents:
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Your passport from your home country.
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Diving license.
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Your identification card.
12-16 Weeks After Submitting Your Application
You can expect to receive an EAD or work permit if you have submitted forms 1-765 during your application.
4-10 Months After Submitting Your Application
During this period, expect to receive a notice requesting you to prepare for your USCIS interview. This interview occurs at your nearest USCIS office branch.
6-12 Months After Submitting Your Application
You will have your interview at the USCIS offices near you.
8-14 Months After Submitting Your Application
If USCIS approves your application, you will receive your green at this time. However, if your petition was denied, you will receive a notification with details showing you the reason behind it.
Contact an Los Angeles Immigration Attorney Near Me
When you decide to apply for a family-based green card, you want to join your loved one in the U.S. To achieve this dream, you need to hire an immigration attorney to advise you accordingly. You do not want your application to be denied due to errors or omissions. Also, you want to understand each step you take while applying for your green card. Having the support of a knowledgeable immigration attorney in the green card process is a bonus. At California Immigration Attorney, we guide you through the entire process of applying for and obtaining your green card. Do not hesitate to contact us at 424-789-8809 for more information on your immigration status and for help with your family-based green card application.