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Green Card Marriage Procedure for Individuals Already in the U.S.

Dec 19, 2016

Green Card Marriage Procedure for Individuals Already in the U.S.



If you are a U.S. citizen married to a foreign national present in the United States who is not inadmissible you may utilize the green card marriage procedure to help your spouse adjust status to that of lawful permanent resident.


Green Card Through Marriage


Green Card Marriage Procedure USCIS Forms and Fees


Obtaining a green card through marriage with USCIS can be the fastest way to become a lawful permanent resident. But, the green card marriage procedure can be very complex. It requires attention to some very specific regulatory requirements under the immigration laws.


Porter Law Office, LLC is a boutique immigration law firm in Columbus, Ohio. We will promptly and carefully prepare your marriage-based green card application. Our goal is to prepare and file the best possible marriage-based green card application with USCIS. That way, you will have peace of mind knowing that your spouse is living in lawful status in the U.S.


Contact the experienced marriage green card lawyer in Columbus, Ohio today.


Green Card Marriage Procedure


To adjust your status to a green card holder, you must meet the eligibility, application, and documentation requirements found at 8 C.F.R. § 245. These requirements state the following: (i) you must be physically present in the U.S.; (ii) your immigrant petition must be approved (unless an exception applies, see Practice Pointer below) and your priority date must be current; (iii) you must have been inspected, admitted, or paroled into the United States; and (iv) your circumstances must not have changed to make you ineligible for adjustment of status. You are not eligible for adjustment of status if you are within one of the 12 categories listed in the instructions to Form I-485.


Applying for a Green Card Through Marriage


If your spouse is in the United States, the process requires filing Form I-130, I-485, providing biographical information on Form G-325A, an affidavit of support (Form I-864), submitting a medical examination, the required supporting documents, the USCIS filing fees, and the optional application for work authorization (Form I-765), and travel document (Form I-131).


After your spousal green card application has been filed, USCIS will send you a notice to take your biometric fingerprinting and photograph. Then, if you applied for them, USCIS will issue your work authorization document and permission to travel abroad. These will arrive around 90 days after filing.


Next, USCIS will send you a notice scheduling your green card interview. The purpose of this interview is to confirm the bona fides of your marriage. Based on current processing times, this appointment will be scheduled anywhere from three to six months after you file. Following a successful interview, USCIS will mail your green card (or permanent resident card) anywhere from two to four weeks after the interview.

Important: If you got married less than two years before your green card marriage procedure application was filed, you will be considered a conditional permanent resident upon approval of your I-485. Your green card will be valid for two years. Your conditional status may be dropped by applying for a Petition to Remove Conditions on Residence within 90 days of the two year anniversary of USCIS granting your conditional permanent residency.


Immigration Lawyer in Columbus, Ohio

Green Card Marriage Procedure Representation


Porter Law Office, LLC assists foreign nationals with securing U.S. visas, green cards, or U.S. citizenship. Our boutique law firm has vast experience with the green card marriage procedure. If you and your spouse are present in the U.S., and you have questions about how to obtain a green card through marriage, contact Columbus, Ohio immigration attorney today to schedule a free consultation to discuss your family-based green card options.

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