How to Seek a Green Card Through Marriage in Alabama
Obtaining a Green Card through marriage is a significant step for many couples in Alabama. This process allows foreign nationals to gain permanent resident status in the United States, primarily through their relationship with a U.S. citizen or lawful permanent resident. Here’s a comprehensive guide on how to navigate this process effectively.
1. Understanding the Eligibility Criteria
To seek a Green Card through marriage in Alabama, you must first ensure that both partners meet the eligibility requirements. The U.S. citizen or permanent resident must be able to prove their status, and both individuals must be legally free to marry. Additionally, the marriage must be bona fide, meaning it is genuine and not entered into solely for immigration benefits.
2. Gather Necessary Documents
Once you confirm eligibility, start gathering the required documentation. Common documents include:
- Proof of U.S. citizenship or permanent residency (e.g., birth certificate, passport, or Green Card).
- Marriage certificate.
- Evidence of a genuine relationship (e.g., photographs, joint bank account statements, leases, and affidavits from friends or family).
- Proof of termination of any previous marriages, if applicable (e.g., divorce decrees or death certificates).
3. Filing the Form I-130
The U.S. citizen or permanent resident spouse must file Form I-130, Petition for Alien Relative, to initiate the process. This form establishes the relationship and is the first step in obtaining a Green Card. Make sure to include all required documentation and pay the necessary filing fees. It’s essential to double-check for accuracy to avoid delays.
4. Awaiting Approval and Next Steps
After filing Form I-130, USCIS will review the petition. If approved, the next step will depend on whether the foreign national is inside or outside the U.S.
- If inside the U.S., the foreign national can proceed with adjusting their status by filing Form I-485, Application to Register Permanent Residence or Adjust Status.
- If outside the U.S., the foreign national will go through consular processing. They will need to apply for an immigrant visa at a U.S. embassy or consulate.
5. Attending the Interview
6. Receiving the Decision
Post-interview, you will receive a decision from USCIS. If approved, the foreign spouse will either receive their Green Card in the mail or, if overseas, will receive an immigrant visa to enter the U.S. and obtain permanent residency. If denied, the decision letter will explain the reasons, and options for appeal or reapplication may be available.
7. Considering Conditional Residency
For couples married for less than two years at the time of Green Card approval, the foreign national will receive a conditional Green Card. This status requires the couple to file Form I-751, Petition to Remove Conditions on Residence, within 90 days before the two-year anniversary of receiving the conditional Green Card. This step is crucial to obtain full permanent resident status.
Conclusion
Seeking a Green Card through marriage in Alabama can be a complex process, but understanding each step can simplify it significantly. Ensure to stay organized, keep thorough records, and consider consulting an immigration attorney if you have questions or unique circumstances. With the right preparation, you can successfully navigate the path to permanent residency.