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While obtaining a marriage-based green card is not necessarily complicated, it can be time-consuming, especially if any errors occur that cause unnecessary delays.

An experienced legal professional could assist with the process of filing a marriage-based green card petition in Lombard, which can help you avoid mistakes and streamline the process. Meet with our dedicated green card attorneys at Godoy Law Office today to learn more.

Steps to Apply for a Marriage-Based Green Card

The first step to applying for a marriage-based green card is establishing that the parties are married. This involves submitting Form I-130, the Petition for Alien Relative, and supporting documentation. Marriage-based petitions are scrutinized more closely than other alien relative petitions to ensure that the marriage is legitimate.

Proof of legitimacy can include photos of the relationship’s history, property or bank accounts held as a couple, and children together. Applicants can submit a cover letter with Form I-130, which is an excellent opportunity to describe the relationship in detail.

The applicant must also submit the appropriate green card visa application and documentation. If the applicant is already living in the United States, the process can be more straightforward, but not necessarily faster. He or she files for an adjustment of status using Form I-485. If the applicant lives abroad, they file Form DS-260 for consular processing.

The process of filing a marriage-based green card petition differs, depending on the appropriate application type, which a Lombard attorney could help their client determine.

Adjustment of Status Marriage-Based Green Card Petitions

When the applicant is already a legal resident of the United States, they do not have to seek permission to enter the country—they adjust their status. If the sponsoring spouse is a U.S. citizen, the applicant can file for a green card while submitting Form I-130.

However, if the sponsoring spouse has a green card, the applicant must submit Form I-130 first and then await notification that it is time to apply. To do this, they submit the following:

  • Form I-485
  • Birth certificates
  • I-94 travel records
  • Prior visas
  • Immigrant medical examination papers
  • Form I-864—the Affidavit of Support—and supporting documents like paychecks, income taxes, etc. 

Once the government reviews the application, it will notify the applicant that he or she needs additional information or to schedule the green card interview. At the interview, questions will be asked to establish the legitimacy of the marriage. If the marriage appears legitimate, they will approve the application, and the applicant will receive the green card within two or three weeks.

Consular Marriage Green Card Applications

When one spouse is out of the country, he or she uses consular processing to file for a marriage-based green card petition in Lombard. This can be faster for couples because they do not have to get a fiance visa. However, it requires a few additional steps, which the applicant would typically have done in another visa application.

They must submit the Form I-130 application to the consul in the applicant’s home country. After reviewing it, the consul sends it to the National Visa Center, which examines it and then sends a notice that they are ready for the National Visa Center filing package, which should include:

  • Form DS-260
  • Filing Fees
  • Proof of nationality (birth certificate or passport)
  • Police clearance from all countries of residence since age 16
  • Form I-864 and supporting documentation

The last step is attending the green card interview. The U.S.-based spouse does not need to attend. If the interviewer believes the marriage is legitimate, they issue a visa to travel to the United States. When the applicant enters the country., they adjust the status and mail the green card to the applicant’s U.S. address.

Get Help With the Process of Filing a Marriage-Based Green Card Petition in Lombard

Applying for a marriage-based green card is not a complex process, but a very precise one. An error can result in delays or even rejection of the application. While applicants can reapply, it can take years to correct those issues.

A professional immigration attorney could help you avoid those mistakes. Schedule a consultation with Godoy Law Office to learn more about the process of filing a marriage-based green card petition in Lombard.

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