Law & Legal & Attorney Immigration Law

How to Get a Greencard Through Marriage

    • 1). Marry your foreign fiancée and then file a Form I-130, Petition for Alien Relative with a U.S. Citizenship and Immigration Services (USCIS) Lockbox Office that has jurisdiction over your state of residence. (See Resources.) Your marriage must be eligible to qualify for a U.S. immigration benefit. Typically, if your marriage is valid overseas and it does not violate any U.S. state law, USCIS will recognize the marriage. The filing fee for Form I-130, as of May 2010, was $355.

    • 2). Have your foreign spouse visit a U.S. Embassy-approved physician, as instructed by her local U.S. Embassy or U.S. consular office, after you receive a Form I-797, Notice of Action informing you that USCIS has approved the Form I-130 petition. Typically, a U.S. Embassy or consular office will mail an instructions packet to a spouse after a Form I-130 approval. Upon visiting the U.S. Embassy-approved physician, your spouse must complete a thorough immigration exam.

    • 3). File Form I-134, Affidavit of Support with USCIS showing that your foreign spouse will not become a public charge to the U.S. government upon entering the country. As part of the filing of Form I-134, you must prove that your household income, which must be at least 125 percent or more above the poverty level for your family size, is sufficient to provide for you and your spouse.

    • 4). Have your foreign spouse schedule an appointment with her local U.S. Embassy or consular office upon completing all requirements provided in the instructions packet. The address and telephone number of the local U.S. Embassy or consular office processing your foreign spouse's application is contained in the instructions packet.

    • 5). Have your foreign spouse attend and pass her immigrant visa interview. In order to pass the immigrant visa interview, your foreign spouse must answer questions pertaining to your marital relationship correctly. In addition, your foreign spouse must have successfully completed all additional requirements set forth by the local U.S. Embassy or consular office, as stated in the instructions packet. If she passes the interview, the U.S. Embassy or consular office should issue the immigrant visa within five business days.

    • 6). Have your spouse arrive in the United States as a new immigrant. Within three months, she should receive a Green Card (or Permanent Resident Card) in the mail from USCIS.

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