Who is the petitioner in marriage green card applications?
In marriage-based green card applications, the petitioner is the U.S. citizen or lawful permanent resident spouse who is sponsoring their foreign national spouse for a green card. The petitioner is the one who initiates the immigration process by submitting the necessary forms and supporting documents to the U.S. government to request that their spouse be granted lawful permanent resident status (green card status).
The petitioner is responsible for filing the appropriate forms, providing evidence of the bona fide nature of the marriage (to prove that the marriage is not solely for immigration benefits), and lithuanian citizenship by descent demonstrating their ability to financially support the intending immigrant spouse.
For example, if a U.S. citizen is married to a foreign national and wishes to sponsor their spouse for a green card, the U.S. citizen is the petitioner. Similarly, if a lawful permanent resident (green card holder) is married to a foreign national and wants to sponsor their spouse for a green card, the green card holder is the petitioner.
Throughout the application process, the petitioner’s role includes gathering the required documentation, filling out the necessary forms accurately, and providing truthful information to the U.S. Citizenship and Immigration Services (USCIS) or other relevant immigration authorities. It’s important to note that the petitioner’s role involves meeting specific eligibility requirements and complying with the immigration laws and regulations of the host country.
How do I apply for adjustment of status if I am married to a US citizen and live in the U.S.?
If you are married to a U.S. citizen and currently living in the United States, you may be eligible to apply for adjustment of status to obtain lawful permanent resident status (a green card). This process allows you to become a permanent resident without having to leave the U.S. Here’s a general overview of the steps to apply for adjustment of status:
- Determine Eligibility: Make sure you meet the eligibility criteria for adjustment of status. Generally, you must be physically present in the U.S., have been inspected and admitted or paroled into the U.S., and have a qualifying family relationship (such as being married to a U.S. citizen).
- File Form I-485, Application to Register Permanent Residence or Adjust Status: Complete and submit Form I-485 to the U.S. Citizenship and Immigration Services (USCIS). This form is the main application for adjusting your status to that of a permanent resident. Include all required supporting documents and fees.
- File Form I-130, Petition for Alien Relative (if not already filed): If your U.S. citizen spouse hasn’t filed Form I-130 for you yet, it’s a good idea to submit this petition concurrently with Form I-485. The I-130 establishes the qualifying family relationship.
- File Form I-864, Affidavit of Support: Your U.S. citizen spouse will need to complete and submit Form I-864 to demonstrate their ability to financially support you and ensure you won’t become a public charge.
- Undergo Biometrics Appointment: After submitting your application, you will receive a notice for a biometrics appointment. At this appointment, your fingerprints, photograph, and signature will be collected.
- Attend Green Card Interview: USCIS will schedule an interview for you and your spouse. The interview is a crucial step to assess the authenticity of your marriage and your eligibility for adjustment of status. Be prepared to provide evidence of your bona fide marriage and answer questions about your relationship.
- Receive Decision: After the interview, USCIS will review your application and make a decision. You will either be approved for a green card or receive a notice if additional information or documentation is needed.
- Receive Green Card: If your application is approved, you will receive your green card in the mail at the address you provided. The green card grants you lawful permanent resident status.
It’s important to follow the specific instructions provided by USCIS for each form and application process. Make sure to gather all required supporting documents, pay the appropriate fees, and complete the forms accurately. Additionally, processing times and requirements can change, so it’s recommended to consult the official USCIS website or consider seeking legal advice if you have any questions or concerns about the adjustment of status process.
How do I apply for adjustment of status if I am married to a green card holder and live in the U.S.?
If you are married to a U.S. lawful permanent resident (green card holder) and you’re currently living in the United States, you may be eligible to apply for adjustment of status to become a lawful permanent resident yourself. Here’s a general overview of the steps to apply for adjustment of status:
- Check Eligibility: Make sure you meet the eligibility criteria for adjustment of status. This includes being eligible under a family-based category and ensuring there is a visa number available for your preference category.
- File Form I-485, Application to Register Permanent Residence or Adjust Status: Complete and submit Form I-485 to the U.S. Citizenship and Immigration Services (USCIS). This form is the primary application for adjusting your status to that of a lawful permanent resident. Include all required supporting documents and fees.
- File Form I-130, Petition for Alien Relative: Your U.S. lawful permanent resident spouse will need to file Form I-130 on your behalf to establish the qualifying family relationship. This form demonstrates that you are eligible to apply for adjustment of status based on your marriage to a green card holder.
- File Form I-864, Affidavit of Support: Your U.S. lawful permanent resident spouse will need to complete and submit Form I-864 to show that they have sufficient income and resources to financially support you and prevent you from becoming a public charge.
- Undergo Biometrics Appointment: After submitting your application, you will receive a notice for a biometrics appointment. This appointment involves having your fingerprints, photograph, and signature taken for background checks.
- Attend Adjustment of Status Interview: USCIS will schedule an interview for you and your spouse. During the interview, USCIS will assess the authenticity of your marriage and your eligibility for adjustment of status. Be prepared to provide evidence of your bona fide marriage and answer questions about your relationship.
- Receive Decision: After the interview, USCIS will review your application and make a decision. You will either be approved for adjustment of status or receive a notice if additional information or documentation is required.
- Receive Green Card: If your application is approved, you will receive your green card in the mail at the address you provided. The green card grants you lawful permanent resident status.
It’s important to closely follow the instructions provided by USCIS for each form and application process. Ensure that you include all necessary supporting documents, pay the required fees, and complete the forms accurately. Processing times and requirements can change, so it’s recommended to consult the official USCIS website or seek legal advice if you have any questions or concerns about the adjustment of status process.
