One can get a green card through marriage to a US citizen or green card holder. You must be 18 years of age and have a domicile in the US before you can sign the Affidavit of Support, Form I-864, and this form is needed for an immigrant visa for spouses and other relatives of US sponsors.
A US domicile is required to file an Affidavit of Support, Form I-864, and this form is required for all ‘Spouse of a US Citizen (IR-1)’ immigration cases.
If you are an American citizen, you can bring your foreign spouse to the US to live. The ways are:
- Immigrant visa for a spouse of a US citizen (IR1 or CR1)
An immigrant Petition for Alien Relative, Form I-130 is required.
- Non immigrant visa for spouse (K-3)
Two petitions are required: Form 1-130 , Petition for Alien Relative,and Form I-129F, Petition for Alien Fiance(e),
To get a non immigrant visa for fiance(e) (K-1) – to travel to the US for marriage, an I-129F fiance(e) petition is required.
Lawful Permanent Residents’ Spouse Getting a Green Card Through Marriage
If the petitioner is a Lawful Permanent Resident, the ways to bring their spouse, children and sons/daughters to the United States are:
- Immigrant visa (F2A) – for family second preference immigrant visa for your spouse and children
- Non immigrant (V) visa – for your spouse and children to travel to the US to wait for processing of the immigrant visa.
Relatives of intending immigrants who plan to base their immigrant visa applications on family relationship should get Form I-130, Immigrant Petition for Relative. The petitioning US citizen or legal permanent resident (LPR) should submit the Form I-130 to the USCIS office. Once the USCIS approves the petition, they will send the petitioner a notice of approval, Form I-797. The USCIS will then forward the approved petition to the Immigrant Visa Processing Center, which will contact the intending immigrant with further information.
You will need two copies of Form G-325A, Biographic Information. You and your spouse have to each fill out one of the Biographic Information Forms. The form consists of information about your parents, place of residence, employers of both husband and wife during the past five years, and previous foreign residences, if any. Each of you should sign and date your own form.
If you live outside the US, you can file the petition at the USCIS office abroad or with the US consulate or embassy having jurisdiction over the area where you live. Usually, if a spouse is petitioning for you and you are currently in the US through a lawful admission or parole, you may file a Form I-485, Application to Register Permanent Residence or to Adjust Status, at the same time your spouse files the I-130 petition on your behalf.
Once the Petition for Alien Relative has been approved, you will be notified by mail. You have to attach a copy of the notice you received after filing the I-130 petition. The service center where the application was submitted will mail you a “receipt notice” which indicates that payments were received against the application. If you kept the “receipt notice”, make a copy of it and submit the photocopy along with the other required documents.
Filing the Adjustment with the Petition (I-485 with the I-130)
If you are a US citizen and your spouse is currently in the US, your spouse may be eligible to file Form I-485, Application to Register Permanent Residence or to Adjust Status, at the same time as you file Form I-130, Petition for Alien Relative.