Married Sons And Daughters Of U.S. Citizens (F3 Visa) | Online Immigration  Lawyer

If you are married to a U.S. citizen and living abroad, you can still immigrate to the United States through a process known as "consular processing." Here are the general steps you would typically follow:

File an Immigrant Petition:

Your U.S. citizen spouse must file an immigrant petition on your behalf. Form I-130, Petition for Alien Relative, is used for this purpose. This form establishes the qualifying relationship between you and your U.S. citizen spouse.

Wait for USCIS Approval:

Once the I-130 petition is filed, it will be processed by U.S. Citizenship and Immigration Services (USCIS). If the petition is approved, it will be forwarded to the National Visa Center (NVC).

NVC Processing:

The NVC will notify both you and your U.S. citizen spouse when the visa petition is received and when it's time to submit the necessary immigrant visa processing fees and supporting documents.

Submit Supporting Documents:

You will need to submit various supporting documents, including financial evidence, civil documents (such as marriage certificates), and a medical examination. The NVC will provide instructions on what documents are required.

Attend a U.S. Embassy or Consulate Interview:

Once the documentation is reviewed and approved by the NVC, your case will be forwarded to the U.S. embassy or consulate in your home country. You will be scheduled for an immigrant visa interview. During the interview, a consular officer will determine your eligibility for an immigrant visa.

Medical Examination:

Before the interview, you will need to undergo a medical examination by an approved panel physician.

Attend the Interview:

Attend the scheduled interview at the U.S. embassy or consulate. Be prepared to answer questions about your relationship, background, and other relevant matters.

Receive Immigrant Visa:

If approved, you will receive an immigrant visa on your passport, allowing you to travel to the United States.

Travel to the United States:

Once you have the immigrant visa, you can travel to the United States. Upon arrival, you will become a U.S. permanent resident.

Receive Green Card:

After arriving in the U.S., you will receive your actual green card by mail.

How to apply for a green card if Married to a U.S. Citizen and Living in the U.S.

If you are married to a U.S. citizen and currently living in the United States, you can apply for a green card through a process called "adjustment of status." Here are the general steps you would typically follow:

Eligibility:

Ensure that you meet the eligibility criteria for adjustment of status. Generally, you must be physically present in the U.S., have entered the country legally, and meet other requirements.

File Form I-130, Petition for Alien Relative:

Your U.S. citizen spouse must file Form I-130 on your behalf. This form establishes the qualifying relationship between you and your U.S. citizen spouse.

File Form I-485, Application to Register Permanent Residence or Adjust Status:

Once the I-130 petition is filed and, preferably, after it is approved, you can file Form I-485 to apply for adjustment of status. This form is the main application for a green card.

Biometrics Appointment:

After filing Form I-485, you will be scheduled for a biometrics appointment, where your fingerprints, photograph, and signature will be taken.

Work Authorization (Optional):

While waiting for the green card, you may choose to file Form I-765, Application for Employment Authorization, to receive a work permit. This will allow you to work legally in the U.S. while your green card application is pending.

Advance Parole (Optional):

If you plan to travel outside the U.S. while your green card application is pending, you may file Form I-131, Application for Travel Document, to obtain advance parole, which allows you to re-enter the U.S. without abandoning your green card application.

Attend a Green Card Interview:

You and your U.S. citizen spouse will be scheduled for an interview at a USCIS office. During the interview, a USCIS officer will verify the validity of your marriage and assess your eligibility for a green card.

Receive Approval and Green Card:

If your application is approved, you will receive a conditional or permanent green card, depending on the length of your marriage at the time of approval.

Remove Conditions (if applicable):

If you received a conditional green card (valid for two years), you will need to file Form I-751, Petition to Remove Conditions on Residence, jointly with your spouse before the card expires. This is to convert the conditional green card to a permanent one.

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