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How to Apply for Your Green Card after Marriage

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By Edited Mar 13, 2014 0 0

Just Married(108679)
Credit: www.rapidvisa.com

Green Card is the common term used to refer to a Legal Permanent Resident ID Card. For an alien, this is a very important document. The card and its implied status allow an individual to receive the privileges of permanent residency in the USA like a work, a Social Security Number, Driver’s License, and reentry after international travel.

                You can obtain a Green Card through a number of different processes depending on your current immigration status. This article will show you how to apply for a Green Card through marriage to a US Citizen. There are a lot of things to take into consideration. However, your current relationship status and physical location are the most important.

                There are generally two ways for a US citizen to acquire a green card for their foreign spouse or fiancé. You will need to apply through an Immigrant Visa or an Adjustment of Status. The Immigrant Visa, also known as IR1 or CR1 visa, is for a spouse who is still overseas. An Adjustment of Status is for your foreign spouse who is already legally present in the US. People sometimes talk about non-immigrant visas like the K-1 or K-3. This is another great way to bring your fiancé or spouse to the US. When they arrive, you would then use an Adjustment of Status to get their Green Card.

                If you get married in the home country of your spouse and would like them to live with you in the USA, then you will need to apply for the IR1 or CR1 Immigrant Visa. This will allow him or her to travel to the United States and become a Legal Permanent Resident. This does require the Alien to wait while their I-130 based Petition for Alien Relative is processed by USCIS. People sometimes apply for the K3 Non-Immigrant Spousal Visa hoping for a faster processing time. This is rarely the case, and the K3 does require the extra step of Adjustment of Status once he or she arrives in the USA.

                If you plan to get married in the USA, you should file for the K1 Nonimmigrant Fiancé Visa. This will allow your fiancé to travel to the United States to get married. You will need to file an I-129f based petition to do this. This application can take some time too. After arriving in the United States, you have 90 days to get married. Then you would need to Adjust Status.

                If you entered on a K1 Fiancé visa, K3 Spousal Visa, or are already legally present in the United States on another type of visa, you need to file an Adjustment of Status to receive a Green Card.  This I-485 based petition takes a number of months to be approved.  However, a temporary work and travel permit can be issued while you wait for the final Green Card approval. Once your spouse has a Green Card, he or she must wait three years before becoming eligible for US Citizenship.

                The USCIS does not guarantee anyone approval for any Visa or Adjustment of Status application.  They have a wide range of resources available on their website. It is advisable to research or consult with immigration firms to help you navigate this important journey to a Green Card.

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