Get a Green Card Through Marriage
Definition of Key TermsThese key terms are highlighted in blue on this page to help clarify the application process. Immigrant Petition Form I-130. Step 1 of the family-sponsorship process Green Card Immigrant Visa (parent is outside the US) or Adjustment of Status (parent is inside the US). Step 2 of the family-sponsorship process Immigrant Visa The document issued by a foreign consulate that allows the bearer to enter the U.S. in "Immigrant Status." The bearer becomes a Lawful Permanent Resident upon entry into the U.S. Adjustment of Status The process of obtaining a "Green Card" if you are already inside the U.S. Concurrent Filing The process of filing the Immigrant Petition and Adjustment of Status application at the same time. Sponsor The US Citizen who files Form I-130 on behalf of a parent U.S. Citizenship & Immigration Services (USCIS, formerly the INS) The agency that processes the Immigrant Petition. It is also the agency that processes the Green Card Application if the applicant is applying in the U.S. Department of State (DOS) The agency that processes the Green Card Application if the applicant is applying outside the U.S. Lawful Permanent Resident Status Green Card Status U.S. Citizen SponsorsClick here to start the Green Card application process for your spouse. Already have an approved Immigrant Petition? If your spouse is in the U.S., get started on the Application to Adjust Status to Permanent Resident. If your spouse is outside the U.S., click here to find out more about the Immigrant Visa process. Lawful Permanent Resident SponsorsLawful Permanent Residents who got married before obtaining a Green Card are not required to file an Immigrant Petition on behalf of their spouse (or any children born before becoming a Lawful Permanent Resident). A spouse and eligible children of a Lawful Permanent Resident in this category may apply for a Green Card without having an approved Immigrant Petition. This process is known as "accompanying" or "follow to join." Lawful Permanent Residents who have "adjusted" to Lawful Permanent Resident status in the U.S. must file Form I-824, Application for Action on an Approved Application or Petition in order to notify the appropriate consulate that their spouse will "accompany" or "follow to join." Lawful Permanent Residents who got married after obtaining a Green Card must file a Form I-130 Immigrant Petition on behalf of their spouse in order to sponsor them for Lawful Permanent Resident (Green Card) status. Before the spouse of a Lawful Permanent Resident in this category can apply for the "Green Card," two things must have happened. First, the I-130 Immigrant Petition must have been approved. Second, the foreign spouse's "Priority Date" must be current. Click here to find out more about what a Priority Date is and how long you might have to wait for a Priority Date to become current. Does your spouse already have an Approved Immigrant Petition? Check the Visa Bulletin to find out if the Priority Date is current so that you can proceed to the next step. If your spouse is already in the U.S., the next step will be to file Form I-485, Application to Adjust Status to Permanent Resident. If your spouse is outside the U.S., he or she will have to go through the Immigration Visa process. |
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