Get A Green Card Through Marriage!
United States lawful permanent residency refers to a person's immigration status. A Lawful Permanent Resident is authorized to live and work in the United States of America on a permanent basis.
Green card holders and U.S. citizens are able to legally bring their spouses and minor children to join them in the USA. There are small differences between the processing of green card to spouses of U.S. citizens and spouses of green card holders.
Green Card to Spouse of a Green Card Holder
A Legal Permanent Resident can sponsor green card to his/her spouse provided they are married legally and would be able to prove their marriage. When a green card holder places a petition for his/her family member to become green card holders, the relatives he sponsor fall under certain preference categories as prescribed by the government. When a person gets married to a Legal Permanent Resident the person is not considered as immediate relative and hence the spouse qualifies for the second preference category.
Spouse inside U.S.
The sponsor needs to file Form I-130. Form I-485 can be filed, after a visa number becomes available, to adjust status to permanent residency. Unless the beneficiary (your spouse) had an immigrant visa petition or labor certification pending prior to April 30, 2001, the beneficiary must have continuously maintained lawful status in the United States in order to adjust status.
Spouse outside U.S.
The sponsor needs to file Form I-130. When Form I-130 is approved and a visa is available, it will be sent for consular processing and the consulate or embassy will provide notification and processing information.
Green Card to Spouse of a U.S. citizen
When the person who sponsors his/her spouse is a U.S. citizen, either born or naturalized, then the spouse is considered an immediate relative and is likewise usually eligible for an immigrant visa immediately, providing the Petition for Alien Relative by the U.S. citizen has been approved by the BCIS.
Spouse inside U.S.
When the spouse has already entered U.S. legally Form I-130, Petition for Alien Relative and Form I-485, Application to Register Permanent Residence or to Adjust Status, can be filed at the same time.
If you file an AOS application you cannot leave the U.S. until the application has been approved unless you also file an I-131 application for Application for Advance Parole with the other AOS documents.
Spouse outside U.S.
Form I-130 should be filed if the U.S. citizen who files the petition is residing elsewhere outside the United States, at the USCIS office overseas or the U.S. Embassy or consulate having jurisdiction over the area where the person lives. When the Form I-130 is approved, it will be sent for consular processing and the consulate or embassy will provide notification and processing information.
In case the spouse is outside the U.S. at the time of the wedding and a green card process is being initiated at the same time, the U.S. will automatically assume that the alien will wait outside the U.S. until the petition is approved and the immigration visa can be issued. The consequence usually is a waiting period of several months for the spouses of U.S. citizens.
