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Marriage-Based Green Card
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Eligibility Requirements
The U.S. citizen or permanent resident and the foreign spouse must be legally married and the marriage must be bona fide, not just for the purpose of obtaining a green card.
Adjustment of Status
If the spouse is already in the U.S., they may apply to adjust their status to a permanent resident by filing Form I-485 with USCIS.
Consular Processing
If the spouse is outside the U.S., they must go through consular processing at a U.S. Embassy or Consulate in their home country to obtain the green card.
Petition Filing
The U.S. citizen or permanent resident spouse must file Form I-130, Petition for Alien Relative, with USCIS to begin the process.
Interview Questions
Couples may be asked personal questions about their relationship, living arrangements, and future plans together to confirm the legitimacy of their marriage.
Affidavit of Support
The U.S. spouse must demonstrate the ability to financially support the foreign spouse above 125% of the Federal Poverty Guidelines by submitting Form I-864.
Conditional Permanent Residence
If the marriage is less than two years old at the time of approval, the green card will be conditional, requiring a joint petition to remove the conditions after two years.
Work Authorization
The foreign spouse can apply for work authorization using Form I-765 while their green card application is pending.
Advance Parole
If the foreign spouse wishes to travel outside the U.S. during the application process, they must apply for advance parole using Form I-131.
Medical Examination
The foreign spouse must undergo a medical examination performed by a USCIS-approved physician and submit the results with their application.
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