Marriage-Based Green Card
Spousal Sponsorship for U.S. Permanent Residency: A Comprehensive Guide
Link to: Marriage-Based Green Card
Link to: Petition for Parents
Link to: Petition for Children
Link to: Petition for Siblings
Link to: Fiancé(e) Visa
Marriage-Based Petition
Petitions for Parents
Petitions for Children
Petitions for Siblings
Fiancé(e) Visa
Understanding Marriage-Based Green Card Petitions
For U.S. citizens and permanent residents (Green Card holders), sponsoring a spouse for U.S. permanent residency is a structured process. It begins with filing Form I-130, the Petition for Alien Relative, which requires the U.S. petitioner to demonstrate the authenticity of the marriage and the eligibility of their foreign-born spouse. Detailed information about Form I-130 can be found on USCIS’s official page.
In these petitions, the U.S. resident is the petitioner, and their foreign spouse is the beneficiary. Both parties must meet the criteria set by immigration authorities at the time of filing.
Immediate Relatives and Preference Categories in Spousal Petitions
Spouses of U.S. citizens are classified as “Immediate Relatives,” which can be advantageous, particularly if the foreign spouse has previously worked without authorization in the U.S. or overstayed a visa. However, spouses of Green Card holders are categorized differently, falling under a preference category, which doesn’t afford the same benefits as immediate relatives of U.S. citizens.
The Path to a Green Card for the Spouse
Concurrent Filing and Adjustment of Status
In scenarios where the foreign spouse is already in the U.S., they may be eligible for concurrent filing, allowing them to apply for a green card (Form I-485) simultaneously with the I-130 petition. This process typically concludes with an interview at a local USCIS office, where both the petitioner and the beneficiary must attend.
Consular Processing for Overseas Beneficiaries
In Marriage-based Green Card Petitions, if the spouse resides outside the United States, they must undergo the Consular Process following the petition’s approval. This involves attending an interview at a U.S. Embassy or Consulate abroad to obtain an immigrant visa. Successful completion allows the beneficiary to enter the U.S. and reside as a lawful permanent resident.
Financial Responsibility: The Affidavit of Support
Regardless of the process chosen, the petitioner must submit an Affidavit of Support (Form I-864). This form is a legal document ensuring that the foreign national will not rely on public funds. If the petitioner’s income doesn’t meet the requirements, a joint sponsor may be added to the application.
Addressing Potential Red Flags in Immigration Petitions
Trained immigration officers look for “red flags” like previous divorces, arrests, or immigration violations that might complicate the petition. Therefore, consulting with a licensed immigration attorney is crucial before filing any requests with USCIS. Due diligence is necessary as USCIS thoroughly investigates claims and may deny petitions based on certain grounds.
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5-Stars Google Review Law Firm
Araujo Family2024-03-13The thought of navigating the process of bringing my parents to the US was overwhelming, yet the team at Calvo Law, especially Blandine, turned it into a seamless journey. With their transparent and empathetic support from start to finish, from the initial petition filing to the joyful moment of my parents' arrival, we always felt in good hands. For those seeking to reunite with their parents, I couldn't recommend Calvo Law more highly. Thank you, Blandine!
Diana Ivette Vazquez2024-02-19From the moment I began working with Blandine Baudin at Calvo Law for my marriage-based green card, I was struck by her profound expertise and unwavering dedication. Blandine’s guidance made a complex process feel manageable, ensuring I was well-informed at every stage. Her meticulous attention to detail and proactive communication contributed to a smooth application process, leading to a successful and timely approval of my green card. I wholeheartedly endorse Blandine Baudin and the Calvo Law team for anyone navigating the immigration process. Their professionalism, compassion, and commitment to client success set them apart in the field of immigration law. My heartfelt thanks to Blandine for her exceptional support, making it possible for me to embark on this new life chapter in the United States with my husband."
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