The Process of Applying for a Marriage Green Card in New York

Applying for a marriage green card in New York can be a complex yet rewarding process for couples looking to live together in the United States. This article outlines the essential steps involved in obtaining a marriage green card, ensuring that you understand what to expect along the way.

Step 1: Determine Eligibility

Before applying for a marriage green card, it’s crucial to ensure that you meet the eligibility criteria. The primary applicant must be married to a U.S. citizen or a lawful permanent resident. Additionally, the marriage must be legally recognized and genuine, not solely for immigration purposes. It's also essential to ensure that you are eligible for admission into the U.S.

Step 2: File Form I-130

The first official step in the green card application process involves filing Form I-130, Petition for Alien Relative. This form is submitted by the U.S. citizen or lawful permanent resident spouse to establish the legitimacy of the marriage. Supporting documents, such as marriage certificates, evidence of the relationship, and proof of citizenship or residency, must accompany this form.

Step 3: Receive Form I-797

Once the U.S. Citizenship and Immigration Services (USCIS) approves the Form I-130, they will send a Form I-797, Notice of Action. This document serves as confirmation that your petition has been accepted. This approval is a crucial step in the green card process, allowing you to move forward.

Step 4: File Form I-485

If the foreign spouse is already residing in the United States, the next step is to file Form I-485, Application to Register Permanent Residence or Adjust Status. This form allows the applicant to adjust their status from a non-immigrant to a lawful permanent resident.

Step 5: Prepare for the Interview

After submitting Form I-485, USCIS will schedule an interview for both spouses. This interview is a critical step where officers assess the authenticity of the marriage. Couples should be prepared to answer questions about their relationship, daily life, and future plans. Being open and honest throughout this process is essential.

Step 6: Await the Decision

Following the interview, the USCIS will review all submitted documentation and responses. If approved, the foreign spouse will receive their green card in the mail. In some cases, USCIS may require additional information, leading to a Request for Evidence (RFE), which must be addressed promptly.

Step 7: Conditional Residency

If the marriage is less than two years old at the time of approval, the foreign spouse will receive a conditional green card valid for two years. To obtain a permanent green card, the couple must file Form I-751, Petition to Remove Conditions on Residence, within the 90 days before the card expires.

Step 8: Celebration of Your New Status

Once the green card is obtained, couples can enjoy their new status. The foreign spouse will have the ability to live and work legally in the United States, marking a new chapter in their lives.

In conclusion, the process of applying for a marriage green card in New York involves several important steps. By following the outlined procedures and ensuring you meet all eligibility requirements, you can navigate the journey towards obtaining a green card successfully.