If you and your spouse plan to permanently live in the United States but one of you isn’t a U.S. citizen or green card holder, you will need to apply for a marriage visa. A marriage green card allows the spouse of a U.S. citizen or green card holder to live and work in the United States. Our immigration attorneys explain how you can apply for a marriage visa if you and your spouse plan on living in the United States.
How Do I Get a Marriage Green Card?
There are two different pathways to obtaining a marriage-based green card, depending on where your spouse lives. If you both live in the United States and the sponsoring spouse is a U.S. citizen, you can save time by sending a single package to the U.S. Citizenship and Immigration Services (USCIS). However, if your spouse isn’t present in the United States, you will have to go through the entire application process to obtain a marriage green card.
In most cases, you will need to establish the marriage relationship, apply for the green card, attend the green card interview, and await approval. Below we have listed the steps to obtaining a marriage visa:
Sponsorship: The first step in a marriage-based green card application is to file a petition with the USCIS (Form I-130). The petition will illustrate that a U.S. citizen would like to sponsor their spouse for a green card.
Green card application: The second step is to fill out the green card application. Then the USCIS will transfer the case to the National Visa Center (NVC). The NVC will gather the necessary forms and documents and decide whether the spouse is ready for an interview with the U.S. consulate.
Interview: The interview is the final step in the green card application process. A spouse living abroad will attend an interview at a U.S. embassy or consulate in their home country. The sponsoring spouse won’t have to attend the interview. The purpose of the interview is to determine that it isn’t a fraudulent marriage.
If you need legal assistance with your immigration case, contact our Dallas family immigration lawyers today to schedule a consultation: (214) 516-7776!