The Marriage Green Card Process: Status Through a US Citizen
Applying for your Green Card
Step 1: File the I-130 & I-130A
The first step to completing a green card application is for the US Citizen spouse (also called, petitioner) to file an I-130, Petition for Alien Relative, along with supporting documents. This is the form that establishes the marriage relationship. The non-citizen spouse (also called, the beneficiary) will need to complete and sign the I-130A, Supplemental Information for Spouse Beneficiary to be filed with the I-130. You may file this online or via mail.
Step 2: File the I-485 & I-864
At the same time that you file the I-130, or after you have received a receipt notice from USCIS saying they received your I-130 application, the non-citizen spouse should submit form I-485. You will also need to include an I-864, Affidavit of Support, completed by the citizen spouse, along with the required supporting documentation for each of these forms.
Step 3: Medical Exam
The green card medical exam is required for everyone seeking a family-based green card. The purpose of this exam is to ensure that the person seeking a green card has no health condition that could make them "inadmissible" to the US. It's rare to fail a medical exam, but even if you have a condition that might complicate your application, you may be able to request a waiver. The doctor that performs this type of medical exam must be a civil surgeon designated by USCIS. You can find an authorized doctor here: https://my.uscis.gov/findadoctor
You may schedule the medical exam after you submit the I-130 & I-485 and send the results to USCIS via form I-693, or you may bring the form to your interview. The results from this exam are usually valid for 2 years, but USCIS has temporarily extended the validity to 4 years to account for COIVD processing delays.
You may also schedule your appointment before filing your I-130 & I-485, but in this case, the medical exam results form I-693 must be signed by a civil surgeon no more than 60 days before the I-485 is submitted. If the doctor signed the form more than 60 days before you submitted I-485, you should hold onto it and send it after filing the application, or bring it to the interview so that you do not need to repeat the exam.
Step 4: Biometrics
After filing your I-485, USCIS will mail you a notice to attend a biometrics appointment at your local Application Support Center (ASC) to provide your fingerprints, photograph, and/or signature. The notice will tell you the date, time, and location of your appointment. The purpose of this appointment is to verify your identity and to conduct required background checks.
Step 5: Interview
Next, both spouses will be invited for an interview at a USCIS office. During this interview, you will answer questions about the information on your form I-485. Make sure to bring originals of all documentation submitted with the I-485, including passports, official travel documents, and form I-94, even if they are expired.
Step 6: Receive Decision
You will receive a decision via a written notice. If approved, you will receive an approval notice first, and then you will receive your actual Green Card a little later.
If you have been married for less than 2 years, you will receive a CR1 (conditional) green card. Couples must then file form I-751, Petition to Remove Conditions on Residence, during the 90-day period immediately before the expiration of the conditional green card in order to apply for a permanent green card. USCIS will re-evaluate the legitimacy of the marriage before issuing a permanent green card.
However if you have been married for more than two years, you will receive an IR1 (immediate relative) green card. This green card is valid for 10 years, and typically is simple to renew because you will not need to prove the authenticity of your marriage again.
If your application is denied, the decision notice will tell you the reason why it was denied and whether you may appeal the decision or file a motion to reopen or reconsider. Appeals and motions are filed on form I-290B, Notice of Appeal or Motions.
While awaiting a decision, you can check the status of your case here: https://egov.uscis.gov/casestatus/landing.do
Ready to apply for your marriage-based green card? Take the first step today by contacting Hope Immigration!