Marriage to a U.S. citizen is one of the most common pathways to obtaining a green card for foreign nationals. If you are newly married and your spouse is a foreign national, this blog will guide you through the process of spousal sponsorship, helping you understand the steps, requirements, and benefits of obtaining a green card through marriage.
Step-by-Step Guide to Spousal Sponsorship
Step 1: Get Married
Ensure your marriage is legally recognized. Collect proof of your genuine relationship, including photos, joint financial documents, and communications. A bona fide marriage is crucial for the success of your application.
Step 2: File Form I-130
The U.S. citizen spouse must file Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS). This form establishes the marital relationship. Submit supporting documents such as marriage certificate, proof of U.S. citizenship, and evidence of a genuine relationship.
Step 3: File Form I-485 or Consular Processing
- Adjustment of Status: If the foreign national spouse is in the U.S. legally, they can file Form I-485, Application to Register Permanent Residence or Adjust Status, concurrently with Form I-130.
- Consular Processing: If the foreign national spouse is outside the U.S., they will undergo consular processing at a U.S. embassy or consulate in their home country after Form I-130 is approved.
Step 4: Attend Biometrics Appointment
USCIS will schedule a biometrics appointment for the foreign national spouse to provide fingerprints, photographs, and a signature for background checks.
Step 5: Attend the Interview
Both spouses will be required to attend an interview with USCIS (if adjusting status) or at the U.S. consulate (if consular processing). The purpose of the interview is to confirm the validity of the marriage and assess eligibility for a green card.
Step 6: Receive Conditional Green Card
If the marriage is less than two years old at the time of green card approval, the foreign national spouse will receive a conditional green card valid for two years. After this period, the couple must file Form I-751 to remove the conditions and obtain a permanent green card.
Benefits of Spousal Sponsorship
- Family Unity: The primary benefit is keeping families together by allowing the foreign national spouse to live and work in the U.S.
- Work Authorization: The foreign national spouse can apply for work authorization, enabling them to work legally in the U.S.
- Pathway to Citizenship: After holding a green card for three years and remaining married to the U.S. citizen spouse, the foreign national can apply for U.S. citizenship through naturalization.
Why Hire an Immigration Lawyer?
Navigating the spousal sponsorship process can be complex and overwhelming. An experienced immigration lawyer in Georgia can provide expert guidance, ensure all forms are accurately completed, and represent you in case of any legal challenges. Contact our office today to schedule a consultation and start your journey towards obtaining a green card through marriage.
Conclusion
Sponsoring your new spouse for a green card is a significant step towards building your life together in the United States. By following this guide and seeking professional legal assistance, you can navigate the process smoothly and increase your chances of a successful outcome. Contact our office today for personalized assistance with your spousal sponsorship application.
