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Immigration Fact of the Week (February 20 – 26)

Apply for a Green Card After Marriage to a U.S. CitizenHow Do I Apply for a Green Card After Marriage to a U.S. Citizen?

Irrespective of whether you are in the U.S. or abroad, you can apply for a green card based on marriage if you are married to a U.S. citizen.

These are the two forms that must be filed if you are in the U.S.:

Form I-130, Petition for Alien Relative

Form I-485, Application to Register Permanent Residence or Adjust Status

The I-130 application must be filed by your spouse. If you are in the U.S., you can concurrently submit Form I-485 when your spouse files Form I-130.

While the above adjustment of status process applies to those in the U.S., the process called consular processing is meant for those outside the U.S. If you are not in the U.S. when your spouse files Form I-130 for you, you will have to go through consular processing abroad. This can be done by applying for an immigrant visa at the U.S. Embassy or Consulate in your home country and getting to the U.S. with that visa.

Apart from filing the above mentioned forms, the sponsoring U.S. citizen will have to file an affidavit of support and few other forms to show that they will financially sponsor you and to show that you will not become a public charge in the U.S.

Check out our immigration blog for more immigration facts!

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