![]() ![]() If not, the government will consider your marriage-based green card application as “ abandoned ”. While waiting for your Form I-485 to be approved, you should not, under any circumstances, travel outside the US until you have obtained a travel permit. Source: Mark Ralston/AFP Mistakes to avoid It will raise eyebrows and make it hard for you to get married to your loved one. Once you get your hands on your visa number, you will be able to apply for a marriage-based green card.Įnsure that you do not violate the 90-day rule if you’re applying for a marriage-based green card. After that, though, you’ll have to wait to receive a visa number. If you’re married to a green card holder, the first step remains the same. The green card application or Form I-485 (officially called the “Application to Register Permanent Residence or Adjust Status”) to be completed and signed by you, the F-1 visa student.The family sponsorship form or Form I-130 (officially called the “Petition for Alien Relative”) to be completed and signed by your spouse who is a US citizen.This rule generally applies to your most recent entry to the US, and not only to your first. If you apply for a green card before you’ve even been in the US for more than 90 days, it raises red flags for immigration officers handling your paperwork. There is a guideline called the 90-day rule that immigration officers tend to stick to when determining whether or not couples are truthful about their marriage. Applying for a marriage-based green card to stay and live legally in the US with your spouse is a process called “ Adjustment of Status. The law states that you have to file the appropriate forms with USCIS before your F-1 visa expires. If you’re a student on an F-1 visa, you can get married to a US citizen. Source: Kena Betancur/AFP Marrying a US citizen The sponsored spouse will be issued a permanent "green card.Couples get married during a mass wedding for Covid-19 delayed couples at Lincoln Centre in New York City. ![]() If the USCIS determines that the marriage was made in good faith, they'll issue the sponsored spouse a conditional permanent visa, also called a "temporary green card." Within 90 days of the second marriage anniversary, the sponsoring spouse can file Form I-751, which will make the visa permanent. They will look at documents that testify to the marriage having been made in good faith, such as letters from family and friends, and joint bank accounts, and they'll conduct at least one interview in which they will ask personal questions about each spouse, the marriage relationship and the couple's shared home. USCIS will then begin their investigation to make sure the marriage wasn't made for the sole purpose of sponsorship. The application requires the couple to supply the marriage certificate, marriage photographs, individual passport photos, birth certificates for both spouses and any of their children, citizenship papers for the sponsoring spouse, financial records and completed USCIS application forms, such as the I-130, I-485, G-325A and the I-765. After the marriage certificate is issued, the couple must send a visa application to the United States Citizen and Immigration Services (USCIS). If one of the partners does not have a permanent visa, which will allow that person to remain in the US indefinitely after marriage, the spouse who is a citizen can sponsor that partner. The marriage certificate will be on file with the City Clerk's office, and the couple can request a copy for $30. The officiant sends the license back to the city clerk, who issues a Certificate of Marriage Registration within 15 days. At the marriage ceremony, the marriage license must be given to the officiant, who will fill it out on the same day that the marriage ceremony is performed. The clerk issues the couple a marriage license, which is valid 24 hours after it is issued, for 60 days. The couple must also pay the marriage license fee, which is $40 in New York State. To prove their freedom to marry, if either party has been married before, that person must present a certification of dissolution of marriage or a divorce certificate. To prove their identities, each partner has to present a driver's license, passport, employment picture ID or immigration record. To prove their ages, each party has to present a birth certificate, baptismal record, naturalization record or census record. The clerk must witness as they sign an affidavit swearing to their ages, identities and freedom to marry. The prospective bride and groom must go in person to the city or town clerk and apply for a marriage license. ![]()
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