Guide to Applying for U.S. Immigration Based Marriage in 2023/24

Applying for U.S. immigration based on marriage in 2023/24 typically involves the following steps:

1. Marriage: You must be legally married to a U.S. citizen or a permanent resident (green card holder). Ensure that your marriage is valid under U.S. immigration laws.
2. Petition Filing:
   • The sponsoring spouse (U.S. citizen or green card holder) needs to file Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS) to establish the qualifying relationship. Include all required documentation and fees.
3. Receipt and Processing:
   • USCIS will process the I-130 petition and send a receipt notice. The processing times can vary, so monitor your case status online.
4. Biometrics and Interview:
   • You may be required to attend a biometrics appointment and, if applicable, an adjustment of status interview to assess the bona fides of your marriage.
5. Applying for a Visa:
   • If you are outside the U.S., after USCIS approves the I-130 petition, you’ll need to apply for an immigrant visa through the U.S. Department of State. This process varies depending on whether your spouse is a U.S. citizen or green card holder.
6. Consular Processing:
   • If applying from outside the U.S., you’ll attend an interview at a U.S. embassy or consulate to obtain an immigrant visa. Once approved, you can travel to the U.S.
7. Adjustment of Status:
   • If you’re already in the U.S., and your spouse is a U.S. citizen, you can apply for adjustment of status (Form I-485) to obtain a green card. If your spouse is a green card holder, you might have to wait for a visa number to become available.
8. Conditional Permanent Residency:
   • If your marriage is less than two years old at the time of obtaining a green card, you’ll receive conditional permanent residency, and you’ll need to apply to remove the conditions (Form I-751) after two years.
9. Approval and Green Card:
   • If your application is approved, you will receive your green card, granting you permanent residency in the U.S.
10. Maintaining Permanent Residency:
    • After obtaining a green card, ensure you meet all requirements to maintain your permanent resident status, including regular renewals.

Please note that U.S. immigration processes can be complex and may change over time. It’s highly advisable to consult with an experienced immigration attorney or refer to the official USCIS website for the most up-to-date information and guidance related to your specific circumstances. Additionally, specific visa categories and requirements can vary based on your situation, so consulting with an immigration attorney is crucial.

REQUIREMENTS

The requirements for applying for U.S. immigration based on marriage typically include:

1. Marriage Certificate: A valid and legally recognized marriage certificate proving the authenticity of the marriage.
2. Sponsoring Spouse’s U.S. Citizenship or Permanent Residency: The sponsoring spouse must be either a U.S. citizen or a lawful permanent resident (green card holder).
3. Form I-130 Petition: The sponsoring spouse must file Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS).
4. Evidence of Bona Fide Marriage: Both spouses should provide evidence that their marriage is genuine and not solely for immigration purposes. This may include documents like joint financial records, property titles, photographs, and affidavits from friends and family.
5. Medical Examination: The immigrant spouse typically needs to undergo a medical examination by an approved panel physician.
6. Criminal and Security Checks: Both spouses will be subject to background checks and security clearances.
7. Affidavit of Support: The sponsoring spouse needs to submit Form I-864, Affidavit of Support, to demonstrate the ability to financially support the immigrant spouse.
8. Filing Fees: Payment of the required filing fees for visa petitions and applications.
9. Biometrics and Interview: Attend biometrics appointments and interviews as scheduled by USCIS or the U.S. embassy or consulate.
10. Passport and Visa: Provide a valid passport for the immigrant spouse and any required visas for traveling to the U.S.
11. Immigrant Visa Application (DS-260): If applying from outside the U.S., the immigrant spouse should complete Form DS-260, Immigrant Visa and Alien Registration Application, through the U.S. Department of State’s Consular Electronic Application Center (CEAC).
12. Vaccination Records: Provide vaccination records as per U.S. immigration requirements.
13. Fingerprinting: Attend fingerprinting appointments for biometrics and background checks.
14. I-94 Arrival/Departure Record: If already in the U.S., provide a copy of the I-94 Arrival/Departure Record as proof of legal entry.

These requirements can vary based on individual circumstances, and additional documentation or steps may be necessary in specific cases. It’s essential to consult with an immigration attorney or refer to the official USCIS website for the most up-to-date information and guidance tailored to your situation.