Love Across Borders: Navigating Life as a Spouse of a Green Card Holder Abroad

How to apply for a spousal visa if I am married to a green card holder and reside abroad?

The process for applying for a spousal visa when you are married to a U.S. green card holder and reside abroad typically involves several steps. Here is a general guide on obtaining a spousal visa:

• Petition Filing by the Green Card Holder:
  • Your spouse (the U.S. green card holder) needs to file Form I-130, Petition for Alien Relative, with the USCIS. This form establishes the qualifying relationship between the U.S. citizen or green card holder and the foreign national spouse.
• Approval of the I-130 Petition:
  • Once the I-130 petition is approved, the USCIS will notify your spouse, and the petition will be forwarded to the National Visa Center (NVC).
• National Visa Center (NVC) Processing:
  • The NVC will process the approved petition and provide further instructions, including the payment of fees and the submission of required documentation.
• Submit Visa Application:
  • After completing the necessary forms and collecting the required documents, you’ll need to submit the visa application. This typically involves filing Form DS-260, Immigrant Visa Electronic Application.
• Medical Examination and Visa Interview:
  • You will be required to undergo a medical examination by an approved panel physician and attend a visa interview at the U.S. embassy or consulate in your home country.
• Wait for Visa Processing:
  • After the visa interview, the consular officer will decide whether to approve or deny the visa application. If approved, you will be issued an immigrant visa.
• Travel to the U.S.:
  • Once you have the immigrant visa, you can travel to the United States. Upon arrival, you will be inspected by U.S. Customs and Border Protection officers.
• Receive Green Card:
  • After entering the U.S., you should receive your green card (permanent resident card) through mail at your U.S. address.

Learn more about spousal visa application.

How to apply for a spousal visa if I am married to a green card holder and reside in the U.S.?

If you are already residing in the U.S. and you are married to a green card holder, the process for obtaining a spousal visa is different from the process for spouses living abroad. Instead, you would typically apply for adjustment of status to obtain a green card. Here is a general guide for the process:

• Ensure Eligibility:
  • Make sure you are eligible to apply for a green card through marriage. Eligibility criteria include being legally married to a green card holder and being physically present in the U.S.
• File Form I-130, Petition for Alien Relative:
  • Your spouse, the green card holder, needs to file Form I-130 with the U.S. Citizenship and Immigration Services (USCIS). This form establishes the qualifying relationship between the U.S. citizen or green card holder and the foreign national spouse.
• Wait for I-130 Approval:
  • Once the I-130 petition is approved, USCIS will notify your spouse, and the petition will be sent to the National Visa Center (NVC).
• File Form I-485, Application to Register Permanent Residence or Adjust Status:
  • After the I-130 approval, you, as the foreign national spouse, can file Form I-485 with USCIS to adjust your status to that of a permanent resident.
• Biometrics Appointment:
  • You will receive a notice for a biometrics appointment, where your fingerprints and a photo will be taken.
• Attend a Green Card Interview:
  • USCIS may schedule an interview to assess the validity of the marriage. Both spouses will typically need to attend the interview.
• Receive a Decision:
  • USCIS will make a decision on your application. If approved, you will be issued a green card.
• Conditional Residence (if applicable):
  • If your marriage is less than two years old at the time of approval, you may be granted conditional permanent residence. You will need to file Form I-751 to remove conditions within the 90-day period before the expiration of the conditional green card.

What documents are required for a marriage green card application?

The specific documents required for a marriage-based green card application (adjustment of status) can vary based on individual circumstances and may be subject to change. You can find the complete checklist of documents required here.

Below is a general list of documents commonly required for a marriage green card application:

• Form I-130, Petition for Alien Relative:
  • Filed by the U.S. citizen or green card holder spouse to establish the qualifying relationship.
• Form I-485, Application to Register Permanent Residence or Adjust Status:
  • Filed by the foreign national spouse to apply for adjustment of status.
• Proof of Identity:
  • Copy of the foreign national spouse’s passport and birth certificate.
• Proof of Legal Entry:
  • Copy of the foreign national spouse’s visa and I-94 Arrival/Departure Record.
• Marriage Certificate:
  • A copy of the official marriage certificate.
• Form G-325A, Biographic Information:
  • Biographical information about both spouses.
• Passport Photos:
  • Passport-style photos of both spouses.
• Evidence of Bona Fide Marriage:
  • Documentation showing that the marriage is genuine and not for immigration purposes. This may include wedding photos, joint bank account statements, lease agreements, utility bills in both names, etc.
• Affidavit of Support (Form I-864):
  • Filed by the sponsoring spouse to demonstrate financial ability to support the foreign national spouse. This may require supporting financial documents (e.g., tax returns, W-2s, pay stubs).
• Medical Examination Results:
  • A completed medical examination by a designated civil surgeon on Form I-693.
• Form I-765, Application for Employment Authorization (optional):
  • If the foreign national spouse wants to work while the green card application is pending, they may file for an employment authorization document (EAD).
• Form I-131, Application for Travel Document (optional):
  • If the foreign national spouse plans to travel outside the U.S. while the green card application is pending, they may file for a travel document (advance parole).
• Divorce or Death Certificates (if applicable):
  • If either spouse was previously married, documents proving the termination of previous marriages.