Congratulations on getting married!
If you are not a US citizen or permanent resident but married a US citizen or permanent resident, you may want to apply for a green card due to your new family relationship. This article is a basic introduction on how to file your application.
Forms You Might Need to File
- I-130, Petition for Alien Relative: This is the form the US citizen or permanent resident spouse (the “Petitioner “) needs to file for the foreign spouse.
- I-485, Application to Register Permanent Residence or Adjust Status: This is the form the foreign applicant (the “Beneficiary”) uses to apply for their permanent resident status.
- I-864, Affidavit of Support Under Section 213A of the INA: This is the contract between a sponsor and the US Government to show that the sponsor will provide sufficient financial support to the foreign beneficiary, and that the beneficiary is not likely to become a public charge.
- I-693, Report of Medical Examination and Vaccination Record: This is the form completed by a qualified doctor which can establish that the Beneficiary is not inadmissible to the United States on public health grounds.
- I-765, Application for Employment Authorization (Optional): If the Beneficiary would like to work before getting the actual green card, the Beneficiary should get an employment authorization from USCIS.
- I-131, Application for Travel Document (Optional): If the Beneficiary would like to travel internationally before the green card is granted, the foreign applicant should get an Advance Parole document before leaving the US.
Documents You Need to Provide:
- Marriage Certificate
- Beneficiary’s Birth Certificate
- Petitioner’s and Beneficiary’s Passports’ biographical page
- All of Beneficiary’s immigration documents after coming into the US
- Beneficiary’s I-94
- Passport Type Photos
- Tax Returns
- Additional documents which could prove that the petitioner and beneficiary have a real marriage
Who needs to File I-864, Affidavit of Support Under Section 213A of the INA
For most cases, only the Petitioner needs to file this form if the Petitioner’s income and property are sufficient. With certain exceptions, the Petitioner needs to demonstrate that the Petitioner’s income is at least 125 percent of the current Federal Poverty Guidelines for their household size. The Federal Poverty Guidelines will be updated every year and can be found on Form I-864P. If the Petitioner’s income is insufficient and/or if certain conditions are met, the Petitioner can use the income from certain relatives, income from the Beneficiary, value of certain assets, or income from joint sponsors.
How to file I-693, Report of Medical Examination and Vaccination Record
The first step is to contact a doctor who is designated as a civil surgeon by USCIS. It is better if you could bring your vaccination documents with you to your doctor appointment. If your record is incomplete, the doctor will run tests to confirm if your need to get more vaccine. The doctor will also confirm if you have any health issues which could prevent you from getting your green card. After finishing the testing and vaccination process, the doctor will fill the forms and seal it. The original sealed letter can be submitted with your application. However, you can also choose to complete the examination before your interview and bring the letter to your interview if you do not submit it upon filing of your application.
What will happen after filing your application?
- After accepting your application, USCIS will send out a notice for the Beneficiary to attend the biometric appointment. The appointment will be scheduled with the USCIS at your geographical area. At the appointment, you will provide your fingerprints and photo to USCIS. If you cannot attend the appointment, you need to contact USCIS to reschedule it. Previously, you can only submit requests in writing. On May 11, 2021, USCIS announced that applicant can call the USCIS Contact Center (800-375-5283) to reschedule their appointment. The Beneficiary must call before the scheduled time and establish good cause for rescheduling.
- If you applied for Advance Parole and/or Employment Authorization, these documents might be granted long before getting your actual green card. Due to ongoing processing delays, on June 2021, USCIS issued a policy alert suggesting that it is going to issue 2-year EAD for applicants.
- USCIS will issue an interview appointment letter which invites both the Petitioner and the Beneficiary to attend the immigration interview.
What will happen during the interview?
The Interviewer will assess the authenticity of the marriage. The trained interviewer will analyze all of your documents on file and your answers in the interview to establish the authenticity of your marriage. The Petitioner and the Beneficiary should answer all of the questions honestly and explain any issues raised by the interviewer. The questions could be detailed and personal. The questions will mostly be related to your relationship and your daily life.
Most of time, a couple will be interviewed together. However, if there are reasons for USCIS to reach another level of scrutiny, the couple will be interviewed separately. The officers will compare the answers with each other and confirm that the answers from both of the Petitioner and Beneficiary are consistent.
Common reasons for USCIS become suspicious are (1) Petitioner and Beneficiary are not living together; (2) Petitioner and Beneficiary cannot speak the same language or cannot understand each other properly; (3) Petitioner and Beneficiary have only known each other for a short time; (4) Beneficiary married another US citizen or permanent resident in the past and filed for a green card but failed.
What will happen after the interview?
If the interviewer is convinced that you have a real marriage, your permanent resident application will be approved, and the card will be mail to you.
If the interviewer is not convinced by this interview or there is any other documents need to be submitted, the interviewer may issue a Request for Evidence (RFE) which request the Petitioner and Beneficiary provide more documents to prove that the marriage is real. In addition, the interviewer may request the couple to attend another interview.
