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Anyone who has fallen in love with someone from another country knows it takes more than love to bring their loved one to the United States.

The process of filing a marriage-based green card petition in Cicero is not overly complex, but it can be painstaking, time-consuming, and expensive. Understanding the process and working with a diligent green card attorney helps you know what to expect and can help you avoid some of the pitfalls that can delay the application.

Marriage Green Card Petitions

A marriage green card petition is an immigrant visa exclusively available to foreign nationals married to a U.S. citizen or green card holder. These visas are valid for limited periods and require renewal if you have not applied for permanent residency or citizenship. People married for two years or more before the green card application can get an IR1 green card, which allows for 10 years between applications. Those married for less than two years can get a conditional CR1 green card, which is valid for two years. At the end of the CR1 green card period, you can apply for the IR1 green card.

To begin the process of filing a marriage-based green card petition in Cicero, you must be legally and legitimately married to a U.S. citizen or lawful permanent resident. Neither party can be currently married to other spouses, even if the country that recognized the marriage recognizes legal plural marriages.

Applying for a Green Card

There are three steps in the process of filing a marriage-based green card petition in Cicero:

  • Submit Form I-130, Petition for Alien Relative, and supporting documents
  • Submit Form I-485 or Form DS-260 (the green card application)
  • Attend the green card interview

Before applying for a green card, you must submit Form I-130, the Petition for Alien Relative. This petition is a form to establish your familial relationship to a citizen or permanent resident. Fill out the form completely and provide supporting documentation that proves the relationship. The supporting documentation for marriage-based green card applications will include proof of the marriage, like a marriage certificate, and proof that the marriage is legitimate, such as photos of the couple, jointly held property, and more. Many people include a cover letter with their application, which allows the couple to go into details about their marriage to help establish legitimacy.

The next step is to apply for a green card or permanent residency. How to do that depends on whether the foreign national spouse is living abroad or in the United States. For spouses living within the U.S., the appropriate application is an adjustment of status, Form I-485. If the spouse is living abroad, the correct process is consular processing, Form DS-260.

In addition to the green card applications, you need to provide supporting documents, including:

  • Birth certificate
  • I-94 travel records or prior visas
  • Immigrant medical examination papers
  • Financial data proving your spouse can support you

If your spouse is a U.S. citizen, you should file Forms I-485 and I-130 as a couple. If your spouse is a green card holder, both of you will file Form I-130 and wait for notification to file Form I-485.

For consular processing, you must submit Form I-I30. Once notified, you submit a National Visa Center (NVC) filing package, including:

  • Filing fees
  • Form DS-260
  • Proof of nationality (birth certificate or passport)
  • Police clearance from countries of residence
  • Form I-864 (the Affidavit of Support) and proof your spouse can support you

Finally, you must attend the green card interview. The interviewer will ask questions about the relationship, daily activities, and plans. If the interviewer believes the marriage is real, you should get a green card within two or three weeks of the interview if you filed with Form I-485. If using Form DS-260, the application takes about a week, granting a visa to travel to the United States, and once you are admitted to the U.S., the government will mail the green card to your U.S. address.

Contact a Lawyer for Help With the Process of Filing a Marriage-Based Green Card Petition in Cicero

While the process may seem straightforward, an error can create unnecessary delays. For example, not passing the interview or medical examination means you must wait another year before applying. Avoid these unnecessary delays by getting a lawyer’s help with the process of filing a marriage-based green card petition in Cicero. Contact us.

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