Key Steps in Applying for a Marriage-Based Green Card in New York

Key Steps in Applying for a Marriage-Based Green Card in New York

Applying for a marriage-based green card in New York can be an intricate process, but by following the correct steps, you can streamline your application and increase the chances of approval. Below are the key steps involved in this important journey.

1. Determine Eligibility

Before starting the application process, ensure that both you and your spouse meet the eligibility criteria. You must be legally married, and your marriage should be genuine, not for the purpose of evading immigration laws. The U.S. citizen or permanent resident must also meet specific income requirements to sponsor the applicant.

2. Gather Required Documents

Collect necessary documents to support your application. These typically include:

  • Your marriage certificate
  • Proof of U.S. citizenship or permanent residency of the sponsoring spouse
  • Evidence of a bona fide marriage (photos, joint bank statements, insurance policies, rental agreements, etc.)
  • Identification documents (passports, birth certificates, etc.)
  • Form I-864 (Affidavit of Support)

3. Complete Form I-130

The next step is to complete Form I-130, Petition for Alien Relative. This form establishes the relationship between you and your spouse. Ensure that all information is accurate and complete to avoid delays. Once completed, submit the form to the U.S. Citizenship and Immigration Services (USCIS) along with the required fee and supporting documents.

4. Receive I-130 Approval

After your I-130 petition is submitted, USCIS will review it. If approved, you will receive a Notice of Action (Form I-797) and your case will be transferred to the National Visa Center (NVC) if the applicant is outside the U.S., or continue to the next step if they are already in the U.S.

5. File Form I-485 (Adjustment of Status)

If the applicant is in the U.S., you will need to file Form I-485, Application to Register Permanent Residence or Adjust Status. This form allows you to adjust your status to that of a lawful permanent resident. Include the required fees and documentation, including medical examination results.

6. Attend the Biometrics Appointment

Once your I-485 is processed, USCIS will schedule a biometrics appointment. During this appointment, your fingerprints, photo, and signature will be taken for background checks. It's vital to attend this appointment as it is a mandatory part of the process.

7. Attend the Interview

For most marriage-based green card applications, an interview is required. Both spouses must attend and be prepared to answer questions about their relationship. Being honest and providing thorough answers is crucial to demonstrate the bona fides of your marriage.

8. Wait for a Decision

After your interview, USCIS will make a decision on your application. You will receive either an approval notice, a request for additional information, or potentially a denial. If approved, you will receive your green card in the mail.

9. Remove Conditions (if applicable)

If your marriage is less than two years old when you receive your green card, it will be conditional. You will need to file Form I-751, Petition to Remove Conditions on Residence, within 90 days of the two-year anniversary of receiving your green card.

Following these steps can help you navigate the marriage-based green card application process in New York smoothly. Always consider consulting with an immigration attorney to address any specific concerns or complexities in your case.