Obtaining a marriage-based green card, officially known as a U.S. Permanent Resident Card, involves a multi-step process. Keep in mind that immigration policies and procedures can change, so it’s essential to consult the latest information on the U.S. Citizenship and Immigration Services (USCIS) website or seek legal advice. Here’s a general overview of the process:
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Eligibility:
- The sponsoring spouse must be a U.S. citizen or a lawful permanent resident (green card holder).
- The couple must be legally married, and the marriage must be recognized as valid in the jurisdiction where it took place.
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Petition Filing:
- The U.S. citizen or permanent resident spouse must file Form I-130, Petition for Alien Relative, on behalf of the foreign spouse.
- Include supporting documents such as marriage certificates, proof of the petitioner’s U.S. citizenship or permanent residency, and any required fees.
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USCIS Processing:
- USCIS will review the petition and, if necessary, request additional evidence.
- Once approved, USCIS sends the approved petition to the National Visa Center (NVC).
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Visa Application:
- The NVC will inform the foreign spouse when it’s time to apply for an immigrant visa.
- The foreign spouse will complete Form DS-260, Immigrant Visa Electronic Application, and pay the required fees.
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Medical Examination and Affidavit of Support:
- The foreign spouse will undergo a medical examination by an approved panel physician.
- The sponsoring spouse must submit an Affidavit of Support (Form I-864), demonstrating financial ability to support the foreign spouse.
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Visa Interview:
- The foreign spouse attends an immigrant visa interview at the U.S. consulate or embassy in their home country.
- Bring required documents, including the visa appointment letter, valid passport, and supporting evidence.
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Immigrant Visa Approval:
- If approved, the foreign spouse receives an immigrant visa on their passport.
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Travel to the U.S.:
- The foreign spouse can travel to the U.S. with the immigrant visa.
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Conditional Permanent Resident Status:
- If the marriage is less than two years old at the time of approval, the foreign spouse receives a conditional green card valid for two years.
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Remove Conditions:
- Within the 90-day period before the conditional green card expires, the couple must jointly file Form I-751, Petition to Remove Conditions on Residence, to convert the green card to a permanent 10-year status.
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What is a Joint Sponsor in Affidavit of Support?
In the context of U.S. immigration, particularly when a foreign national is applying for an immigrant visa or adjustment of status, an Affidavit of Support is often required to demonstrate that the intending immigrant has adequate financial support and will not become a public charge.
A Joint Sponsor, in the context of an Affidavit of Support, is a person who is willing to take legal responsibility for supporting the immigrant along with the primary sponsor. The primary sponsor is usually the petitioner or the family member sponsoring the intending immigrant. However, if the primary sponsor’s income or financial situation does not meet the required threshold, a joint sponsor can step in to provide additional financial support.
The joint sponsor must meet the same eligibility requirements as the primary sponsor and is equally responsible for financially supporting the immigrant. Both the primary sponsor and the joint sponsor are required to submit separate Affidavits of Support, and their incomes are considered together to determine whether they meet the necessary financial criteria.
It’s important to note that the Affidavit of Support is a legally binding contract, and sponsors are obligated to financially support the sponsored immigrant until they become a U.S. citizen, have earned 40 qualifying quarters of work, leave the United States permanently, or die.