Family-Based Green Card Process: How to Apply for U.S. Permanent Residency Through Marriage or Family

Understanding the Family and Marriage Green Card Process

There are different procedures depending upon the status of the petitioner (the U.S. Citizen or Lawful Permanent Resident), the immigration status of the beneficiary, and their individual circumstances. Navigating through each stage in the process can be easier with the guidance of an experienced marriage green card lawyer or family immigration lawyer. Call 617-523-6320 to schedule a consultation or request a consultation online.

I-130 & I-485 Concurrent Filing Process

The spouse of a of U.S. citizen, is defined by the immigration law as an “Immediate Relative,” and due to this classification they are not subject to the delays that are imposed by the Visa Bulletin, and they are eligible to apply for “Adjustment of Status” in the U.S. even if they are not in lawful status at the time of filing, or they have previously worked without authorization or violated their non-immigrant status in some other way. There are other individuals who also qualify as an Immediate Relative, such as a parent of a U.S. citizen who is 21 years of age, or the unmarried son or daughter of a U.S. citizen who is under 21 years of age.

Individuals who qualify as Immediate relatives of a U.S. Citizen, who are present in the U.S., and who entered the U.S. with permission, such as a visa, a parole authorization, or as part of the Visa Waiver program, or who were granted “Parole In Place,” by the Department of Homeland Security, are able to file for residency within the U.S. by submitting application forms I-130 and I-485 together (concurrent filing), along with the required supporting documents.

Stage One:

Prepare and file the appropriate forms and supporting documents with the appropriate U.S. Immigration and Citizenship Services office

• Form G-28
• Form I-130
• Form I-130A (required only for Marriage-Based petitions)
• Form I-485
• Form I-485A (only if Beneficiary requires benefits under the former 245(i) law because they did not enter with permission or granted parole)
• Form I-864 (Petitioner)
• Form I-864 (additional / joint sponsor if Petitioner’s income doesn’t qualify). This should be accompanied with evidence of citizenship or legal permanent residency of joint sponsor.
• Form I-765 (application for a work permit)
• Form I-131 (application for permission to travel)
• Form I-693 (medical examination by a USCIS approved doctor)

Stage Two:

• Appear at the U.S. Immigration Service support center for fingerprints on date scheduled by the U.S. Immigration and Citizens Services, if necessary
• Prepare for supplemental supporting documents for an interview if one is required or for filing with USCIS, if necessary
• Appear for an interview before an Immigration Officer, if necessary
• Receive a notice of decision from USCIS (spouses of U.S. Citizens get a conditional legal permanent residence if marriage is less than 2 years on the date of green card approval)

I-130 with separate and subsequent I-485 Filing Process

Stage One: I-130 Petition

• Prepare and file the appropriate forms and supporting documents with appropriate USCIS office
  • Form G-28 (if applicable)
  • Form I-130
  • Form I-130 A (required only for Marriage-Based petitions)
  • Supporting documents
• Obtain approved I-130 petition

Stage Two: I-485 if beneficiary is lawfully in the U.S. and eligible for “adjustment of status”

• Wait for green card availability (according to priorities specified in eligibility section)
• When a visa is available prepare and file I-485 (adjustment of status) petition with the appropriate U.S. Immigration and Citizen Services office
  • Form G-28
  • Form I-485
  • Form I-485A (only if Beneficiary requires benefits under the former 245(i) law because they did not enter with permission or granted parole)
  • Form I-864 (Petitioner)
  • Form I-864 (additional / joint sponsor if Petitioner’s income doesn’t qualify). This should be accompanied with evidence of citizenship or legal permanent residency of joint sponsor
  • Form I-765 (application for a work permit)
  • Form I-131 (application for permission to travel)
  • Form I-693 (medical examination by a USCIS approved doctor)
• Appear at the U.S. Immigration Service support center for fingerprints on date scheduled by the U.S. Immigration and Citizenship Service, if necessary
• Prepare for supplemental supporting documents for an interview if one is required or for filing with USCIS, if necessary
• Appear for an interview before an Immigration Officer, if necessary
• Receive a notice of decision from USCIS (spouses of U.S. Citizens get a conditional legal permanent residence if marriage is less than 2 years on date of green card approval)

Consular processing for Green Card

Stage One: I-130 Petition

• Prepare and file the appropriate forms and supporting documents with appropriate USCIS office
  • Form G-28 (if applicable)
  • Form I-130
  • Form I-130 A (required only for Marriage-Based petitions)
  • Supporting documents
• Obtain approved I-130 petition

Stage Two: Consular Processing if beneficiary is outside of the U.S. or he/she is not eligible for “adjustment of status”

• Receive Notice from the National Visa Center (NVC) with the invoice for the filing fees.
• Prepare and file the G-28, I-864 and DS-260 Forms with the supporting documents
• Appear at the U.S. Consulate for the interview
• Enter the U.S.— Legal Permanent Status (Green Card) will be issued upon entrance to the United States.

For Conditional Residents Only

• If granted conditional permanent residency, the foreign  national  must submit an additional petition to the U.S. Immigration Service 90 days prior to the expiration of the conditional residency. Failure to remove conditions of a conditional U.S. residency may result in termination of your residency and removal from the U.S. (Note: a 10-year Green Card may still be obtained even if the marital relationship has ended, with an I-751 self-petition).
• Remember to start the preparing the documentation for your removal of conditions early.  We generally recommend our clients to contact us 6 months before the expiration of their conditional residency to have enough time to gather all the documentation required to prepare the removal of conditions petition (I-751) and to file it the earliest possible which is 3 months before its expiration date.

Thinking about sponsoring a family member for a Green Card?

Our team is here to guide you every step of the way.  Get started today and contact us to schedule a confidential consultation with one of our experienced Family Immigration Lawyers. Call 617-5236320 or request a consultation online.

Learn more about eligibility, documentation required, legal fees, and resources for marriage green card and  family-based residency.