Congratulations! When you decide to move to the United States, you start the process needed to become a permanent resident. With the immigration procedure becoming more convoluted, it might be challenging to find out how to gain permanent residency. We’re here to help you out.
Permanent Residency in the US as an Immigrant Spouse
Obtaining permanent status in the United States as an immigrant spouse might be challenging. It’s important to be aware of the necessary procedures, such as checking off qualifications and filling out an application. There may be more paperwork for you to submit to USCIS or ICE.
Spouses of people with green cards who want to change their status must either file two separate petitions or go through consular processing. Both of these ways are legal and allow spouses to stay in the US permanently. A legal professional can evaluate your unique circumstances and advise you on the course of action that is most suitable for you.
When filing two petitions to alter status, one must be from the petitioner and one from their spouse. The pair must have different residences and bank accounts to apply this method, but if both visa applications are accepted at the same time, they will be moved to the front of the line. In addition, they will receive one joint approval letter instead of two separate ones when using this method. In consular processing, on the other hand, the main applicant gets more attention than the spouse. This means that the primary applicant can get permanent residence faster than their family. Alternatively, many couples choose to pursue both paths simultaneously to ensure that even if one doesn’t work out, the other has a higher chance of succeeding.
Required Documents and Fees
For an immigrant spouse to get permanent residency in the US, they need to show certain documents and pay certain fees. Each spouse may need to supply certain documentation depending on their marital status, nationality, and ability to pay. Typically, both spouses must provide proof of their relationship by providing evidence like photos together and, in some instances, having both parties’ signatures notarized in some instances.
Marriage certificates, divorce decrees, death certificates, birth certificates for minor children, and proof of employment for working visa applicants are also required. It must also be accompanied by a fee for filing, court, and other associated processes. There can be costs for additional services like fingerprinting and translation that are often needed as well. Knowing how much money needs to be budgeted is important since many of these expenses are nonrefundable.
It is highly suggested that couples prepare all required documents before commencing the application process so they can estimate the filing expenses and verify nothing has been overlooked. Having all the relevant information compiled is essential to a successful permanent residency application in the US as an immigrant spouse.
The Green Card Application Process
After gathering the necessary documents, fees, and proof, submit your green card application. Complete the USCIS I-130 and I-485 forms to do so (USCIS). The I-130 is used to permanently relocate to another nation, whereas the I-485 is used to alter a person’s present immigration status. Depending on what type of green card you are seeking, the contents of each form may differ slightly.
The first important step in submitting these forms is to make sure they are accurately completed. It is essential that all questions are answered truthfully and all fields are properly filled out before submission; if not, it can delay or even jeopardize your green card application altogether. You should also note that these forms must be submitted with evidence such as supporting documents or valid identification.
It is also important to consider your method of submission when filing these forms. Many green card applicants prefer to submit their forms online due to convenience and speed; however, there are sometimes issues with website malfunctions or technical difficulties that can significantly delay the process. It is recommended that those who wish to mail their documentation do so several weeks in advance. The I-130 and I-485 papers are merely the first step in filing for a green card, which might take months or years depending on the visa. You can overcome the challenges of applying for permanent residency in the United States by giving serious thought to each step and preparing thoroughly in advance.
Filing I-130 and I-485 Forms
After navigating the green card application process, the next step is to prepare and submit Form I-130. A “petitioner,” or US citizen residing in the US, must submit this form, which is a petition for an alien relative. Provide the form and supporting documents like a birth certificate, marriage license, and evidence of citizenship. Once Form I-130 is approved, an immigrant visa number will become available for your relative.
Form I-485, Application to Register Permanent Residence or Change Status, is the last step in the process of getting permanent residency. This form should be sent to USCIS once the immigrant visa number has been assigned. For this form to be approved, people who want to become permanent residents must show proof that shows why they should be allowed to. Proof of financial stability, a police clearance certificate from the country of origin, a biographical information form (Form G-325A), a medical exam, and certain work-related forms may be needed as well. Depending on each individual’s unique situation, additional documents must be filed.
The Interview and Special Cases
Once the I-130 and I-485 forms have been filled out and sent in, applicants with family-based or employment-based visas will be notified of a permanent residency interview. Try to stay as prepared as possible for a successful outcome to the process. During the interview, calmly answer USCIS questions. To prove eligibility, applicants must submit all necessary documentation.
Special cases may arise during the interview where it is necessary to provide additional evidence that can authenticate claims made on the I-130 and I-485 forms. An applicant may be asked to show medical records to prove treatment for a physical or mental health issue. Similarly, individuals with criminal records may need to submit police department clearance forms or any other documents requested by USCIS. Furthermore, if certain papers are not available, such as birth certificates or marriage documents attributed to events before 1975, then one may obtain substitute documentation that can demonstrate proof of the circumstances at the time of occurrence. Applicants should work with the appropriate governmental authority in this situation according to their country of origin to obtain such documents.
Above all, maintaining honesty throughout the entire process is extremely crucial given that falsifying information or hiding relevant details from USCIS Officers could lead to serious consequences. Being completely transparent about one’s history and circumstances can help applicants build trust with immigration officials and ensure smooth progress toward gaining permanent residency status in the United States. With these tips in mind, applicants can navigate through their interviews effectively and ensure that they are doing their best for a successful outcome.
Housing Requirements and Interview Questions
Renting or buying a home is required for non-citizens seeking permanent residency in the US. Once their application is accepted, immigrants must provide proof of stable housing to the USCIS. This means that they must either own an apartment or house or have a lease signed at least six months before their green card interview.
Officers will inquire applicants about their residence during green card interviews. They may question about the applicant’s housing status, including stability, suitability, and lease length. The visa applicant must demonstrate financial readiness and lodging for themselves and their companions to pass this phase of the interview.
Interviews are crucial to applying for permanent residency in the US since they allow officials to verify that applicants meet all requirements. Before going to their interview, people who want to get a green card after this stage must show proof that they can afford to live somewhere. By taking these steps before completing the green card process, applicants’ experiences will go much smoother when it comes time to officially receive their paperwork and identification cards.
What to Expect After Your Immigrant Spouse Gets Their Green Card
After an interview goes well and all the paperwork is filled out correctly and approved, the waiting game for permanent residency starts. For many couples, this means days or even weeks of anticipation before finally receiving that very important document: the immigrant spouse’s green card. After the green card is issued, immigrants can expect several things to happen. It’s important to keep in mind that not all permanent residents will experience these events in the same way, since they may depend on each person’s circumstances and location.
The green card makes the immigrant a permanent US resident, granting them rights and privileges that non-residents do not. Green cards allow unrestricted US travel. Permanent residents receive work protections and public services like education.
Following the acquisition of their green cards, immigrants should soon receive their social security number (SSN). This number identifies an individual for work and taxation purposes and must be used for all employment opportunities in the U.S. The SSN does not expire but remains valid for life, and immigrants need to remember that a fake or borrowed SSN can lead to deportation.
In addition to the previously mentioned rights to work and access public services, acquiring a green card also provides an immigrant with voting privileges in certain local elections. Permanent residents have the right to elect representatives at the state or provincial level, as well as local governments such as cities or townships; although they are still ineligible to take part in federal government elections or vote when it comes to constitutional amendments.
Finally, after receiving their green card—and eventually their social security number—immigrants should also expect various updates in terms of their personal documentation reflecting their new status as permanent residents in the US. This includes changes to any marriage license certificates if applicable; updating ID cards such as driver’s licenses; passport renewals; bank account (checking) information; and any other documents that can establish proof of identity and residence status.
It is important to remember that there may be delays or problems when trying to obtain some of these documents due to varying laws across states, provinces, municipalities, and countries, for example, so it is advisable for immigrants who are getting ready to soon become permanent residents in the US to thoroughly research local regulations beforehand whenever possible.
Experienced Immigration Lawyers in Atlanta, GA
We have experienced immigration attorneys at Elliott Immigration Law that will guide you with your permanent resident application. We are well-versed in the US Citizenship and Immigration Services (USCIS) process and can develop a tailored plan for our clients.
We also assist with US visa applications, family-based immigration petitions, and other green card and naturalization procedures. Contact us immediately at (404) 890-0372 to make an appointment with our immigration attorney.