Green Card Through Marriage

interracial couple kissingLegal permanent residency refers to an individual’s immigration status in The United States. A Lawful permanent residency authorizes an individual to live in the country and seek gainful employment on a permanent basis.

US citizens and Green card holders can legally bring their partners and minor children to the US. However, there are slight differences between the processing of the green card for spouses of green card holders and spouses of US citizens.

There are immigration lawyers like Buhler Thomas Law, P.C. who can help you with a marriage Green card in Provo and other areas. But it is advisable for you to know the details so that you are better prepared.

Spouse of a Green card holder

A Green card holder can sponsor his or her spouse for Green card. But they must legally be married and be able to prove their marriage. A spouse is not considered to be an immediate relative but comes under the second preference category.

If the spouse is in the US, the sponsor needs to file Form I – 130. Later, a form I – 485 is to be filed; once a visa number is available. This is needed to change the status to permanent residency. The beneficiary should have maintained a lawful status in the country to be eligible.

If the spouse is outside the country, then the sponsor should file only the Form I 1-130. Once this form is approved and when a visa date is available, it will be sent for consular processing. The consular will then provide the necessary processing information and other notification as and when necessary.

Spouse of a US Citizen

When a naturalized or locally born citizen sponsors his or her spouse, then the latter is thought of as an immediate relative. Hence the spouse is eligible for a visa immediately, provided the authorities approve the citizen’s petition for an alien relative. If the spouse is already living in the US legally, then all the necessary forms can be filed together.

Once the AOS application is filed, then the applicant cannot leave the country until the petition is approved. If the spouse is outside the country, Form I – 130 should be filed by the citizen, which should be approved by the consular, for the process to move forward.