Requirements for U.S. Residency by Marriage
Obtaining a Green Card by marriage is a process that involves submitting a series of essential documents to prove the legitimacy of the marriage and comply with U.S. immigration regulations.
These documents and their importance in the process are detailed below.
Required Documentation
- Birth Certificate: Confirms the applicant’s identity and nationality.
- Marriage Certificate: Essential to prove the legal existence of the marriage.
- Financial Documents: Necessary to demonstrate financial solvency and the ability to support a household.
- Proof of U.S. Citizenship or Permanent Residency of Sponsor: Establishes the eligibility of the U.S. citizen or permanent resident to sponsor the spouse.
- Proof of Legal Entry to the United States: Documentation such as visas and entry records that validate legal entry and stay in the country (if applicable).
- Criminal Record Certificate: Required to verify the applicant’s criminal history (if applicable).
- Dissolution of Previous Marriage Documents: Proof of divorce or annulment to confirm that both spouses are legally free to marry (if applicable).
- Police, Judicial and Prison Records: Necessary if there is relevant background information (if applicable).
- Military Records: For those who have served in the armed forces (if applicable).
- Immigration Violation Records: Relevant documentation if there are prior immigration violations (if applicable).
- Current or Expired U.S. Visas: Provides a history of immigration status in the United States.
- Medical Examination Document: A medical examination by a licensed physician is required for the residency application.
Application Process
The application for the Green Card by marriage can be processed at the USCIS, while the requested documents are being gathered. It is not necessary to have all the documents to start the process.
- Form I-129F for Fiancé(e) Visa: If the nonresident spouse is abroad and plans to marry in the U.S., this form must be submitted to apply for a fiancé(e) visa.
- Form I-130 Alien Relative Petition: If married abroad or if the nonresident spouse is already in the U.S. under another lawful immigration status.
- Form I-485 for Adjustment of Status: Once married, the nonresident spouse may apply for permanent residence.
Additional Considerations
- Access to Resources and Advice: If you encounter difficulties in obtaining certain documents, it is advisable to seek detailed guides or legal advice.
- Visa Eligibility and Requirements: It is important to understand the eligibility requirements for the fiancé(e) visa and the implications of entering the U.S. on other visa types.
The application for permanent residency in the United States by marriage is a meticulous process that requires complete and accurate documentation.
It is essential to prepare and submit all necessary documents to prove the validity of the marriage and comply with U.S. immigration requirements.
The assistance of an immigration attorney can be invaluable in this process.
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