Prepare Your USCIS Form I-130Green Card Through Marriage Application

A marriage green card allows you to work and live in the United States if you are married to a citizen or green card holder. The first step in obtaining a green card through marriage is to submit Form I-130 Petition for Alien Relative for U.S. Citizenship and Immigration (USCIS) review.

Once your Form I-130 is completed and processed, you can apply for your green card, where you will have permanent resident status. Then, after three years, you will be permitted to apply for U.S. citizenship.

A-bride-and-groom-from-the-shoulders-down, facing each other in front of an American flag. You can submit your green card application after you show proof of marriage.

Can I Apply for a Green Card Right After Marriage?

Prior to applying for a green card, you’ll need your U.S. citizen, or green card holder, spouse to file Form I-130 Petition for Alien Relative.

Because orchestrating a fake marriage to obtain a green card is fraudulent, the U.S. Citizenship and Immigration Services (USCIS) scrutinizes marriage-based green card applications more closely. They need to ensure neither you nor your spouse has tried to evade immigration laws.

Therefore, you will need to submit Form I-130 to the USCIS and additional supporting documentation to establish marriage legitimacy. This petition will outline life details related to your marriage.

What Happens After My Spouse Submits My I-130 Petition?

Once USCIS receives your Form I-130, the agency processes the application. USCIS will then send you:

• A confirmation receipt notice of your petition.
• A notice of a biometrics appointment date.
• An interview appointment date.
• A written notice of their decision.

Processing Approval if You Live Abroad

Usually, when the USCIS approves the petition, the agency sends it to the U.S. Department of State's National Visa Center (NVC).

When a visa is available, the NVC notifies both you and your spouse of the invitation to apply for an immigrant visa. The invitation extends to qualifying dependents as well.

When the time comes for you to immigrate, your spouse must agree to be your financial sponsor by filing Form I-864, Affidavit of Support. The form states their commitment of financial support.

Your Green Card Application

On its own, the approval of a family-based petition on Form I-130 does not provide you with lawful status within the U.S.

Once you’ve completed your I-130 petition, you will still need to complete your green card Application or obtain a visa from the U.S. Department of State. This is where it makes a difference if you live in the U.S. or abroad.

Your Green Card Application if You Live in the U.S.

If you live in America, you will use USCIS Form I-485, Application to Register Permanent Residence or Adjust Status. This document and accompanying paperwork are intended to change your visa-holder or documented immigrant status to lawful permanent resident.

Your Green Card Application if You Live Abroad

If you reside outside the United States, you must follow family immigration rules and file it using the consular process. Once your spouse files your Form I-130 on your behalf, the remaining processing steps, including applying for your green card, will be finished at the consulate in your home country or the U.S. embassy.

How Long Does It Take to Get a Marriage-Based Green Card?

First, the Form I-130 processing time takes anywhere from three to 33 months for a spouse.

Next, the waiting time to get a marriage-based green card currently ranges between nine to 36 months. It will vary depending on whether it was an adjustment of status or consular processing, the USCIS caseload, visa availability, and the accuracy and completion of your application package. For example:

• If your husband or wife is a United States citizen and lives in the U.S., you will likely wait about 14 to 28 months.
• If your husband or wife is a United States citizen and you live abroad, you will likely wait about 17-24 months.
• If your husband or wife holds a green card and you live in the U.S., you will likely wait about 22-36 months.
• If your husband or wife holds a green card and you live abroad, you will likely wait about 15-23 months.

It’s a good idea to file your application for a green card through marriage as soon as your Petition for Alien Relative is approved to ensure you receive your permanent resident card promptly.

However, you are already living in the United States on a visa; you may be able to file your Form I-130 and I-485 simultaneously.

USCIS Form I-130 Filing Fees

Because immigration application costs can fluctuate year to year, you should consult the USCIS site to ensure your information regarding their fees is accurate. For example, the charges for filing Form I-130 include:

• USCIS filing fees to file Form I-130 are $535
• USCIS biometric services, if required, are $85

Because USCIS won’t refund your money even if your application is denied, consider using FileRight to Prepare your application package. The cost for this service is $335.

Our lawyer review services and instant error reporting software will ensure you submit the most accurate application package possible.

Things to Remember When Completing Form I-130

When completing your Form I-130 to show the validity of your marriage, make sure you:

• Answer every question thoroughly and honestly
• Provide corroborating evidence for your claims regarding yourself and your spouse
• Include your form of payment with your application
• Sign your petition

When you’ve completed your petition, we will print your completed forms, assemble them in the correct order, and mail the completed application package to you. We also indicate where to sign and provide a pre-addressed envelope for you to send to the USCIS. Contact FileRight.com today to get started on your application.