The cost of applying for a marriage-based green card (officially known as Form I-130, Petition for Alien Relative, and Form I-485, Application to Register Permanent Residence or Adjust Status) can vary.
The filing fees for Form I-130, Petition for Alien Relative, and Form I-485, Application to Register Permanent Residence or Adjust Status, were as follows:
- Form I-130 (Petition for Alien Relative): The filing fee for Form I-130 is $535.
- Form I-485 (Application to Register Permanent Residence or Adjust Status): The filing fee for Form I-485 varies based on the age of the applicant. For applicants aged 14-78, the fee is $1,140. For applicants under the age of 14 or 79 and older, the fee is $750. There was also a separate fee for biometric services, which is $85.
The fees typically included filing fees for both the I-130 and I-485 forms, as well as fees for biometric services. Additionally, there may be other costs associated with the process, such as medical examinations, translations of documents, and any fees charged by an immigration attorney if you choose to hire one.
How Long Does it Take to Get a Marriage Based Green Card?
The timeline for obtaining a marriage-based green card in the United States can vary depending on several factors. The process generally involves several steps and can take several months to over a year. Keep in mind that processing times and procedures may change, so it’s crucial to check the most recent information on the official U.S. Citizenship and Immigration Services (USCIS) website or consult with an immigration attorney.
Here is a general overview of the process:
- Filing the Petition (Form I-130): The U.S. citizen spouse must file Form I-130, Petition for Alien Relative, on behalf of the foreign spouse. Processing times for this step can vary, but it typically takes a few months.
- Waiting for Approval: Once the I-130 petition is approved, the case is transferred to the National Visa Center (NVC). The NVC will notify both the petitioner and the intending immigrant.
- Applying for an Immigrant Visa: The intending immigrant will then apply for an immigrant visa at a U.S. consulate or embassy in their home country. This process, known as consular processing, can take several months.
- Travel to the U.S.: Once the immigrant visa is issued, the foreign spouse can travel to the United States.
- Adjustment of Status (if already in the U.S.): If the foreign spouse is already in the U.S., they can apply for adjustment of status by filing Form I-485. This process can take several months, and the foreign spouse may be eligible for a work permit and travel document while waiting.
- Green Card Interview: A marriage-based green card interview is typically required, either at a U.S. consulate abroad or a USCIS office in the U.S.
The overall timeline can be affected by factors such as the processing time at each stage, the complexity of the case, and the backlog of applications. Delays can occur for various reasons, so it’s essential to monitor the USCIS website for updates and seek legal advice if needed.
What documents are required for a marriage green card application?
The specific documents required for a marriage-based green card application can vary based on individual circumstances, changes in immigration policies, and the location where the application is processed. Here is a general list of documents commonly required for a marriage-based green card application:
- Form I-130, Petition for Alien Relative:
- Completed and signed by the U.S. citizen petitioner.
- Supporting Documents for Form I-130:
- Copy of the U.S. citizen’s valid government-issued photo identification.
- Copy of the marriage certificate.
- Proof of termination of any previous marriages for both spouses (divorce decrees, death certificates, etc.).
- Passport-style photos of the U.S. citizen and the foreign spouse.
- Form I-485, Application to Register Permanent Residence or Adjust Status (if applying within the U.S.):
- Completed and signed by the foreign spouse.
- Supporting Documents for Form I-485 (if applying within the U.S.):
- Copy of the foreign spouse’s passport.
- Copy of the foreign spouse’s birth certificate.
- Form I-94, Arrival/Departure Record.
- Evidence of the bona fide nature of the marriage (joint financial documents, photos, affidavits from friends and family, etc.).
- Affidavit of Support (Form I-864):
- Completed and signed by the U.S. citizen petitioner.
- Proof of income (tax returns, W-2s, employment verification, etc.).
- Medical Examination:
- The foreign spouse is usually required to undergo a medical examination by an approved civil surgeon.
- Form G-325A, Biographic Information (no longer required as of 2017, but some cases may still request it):
- Completed and signed by both spouses.
- Additional Documents:
- Any other documents requested by the U.S. Citizenship and Immigration Services (USCIS) or the U.S. consulate/embassy.
Form DS-260 filing fee
The filing fee for the Form DS-260, Immigrant Visa Electronic Application, is $325. This fee is required for each immigrant visa applicant, including children, as part of the consular processing for an immigrant visa.
Is it better to apply for a marriage green card in the US or abroad?
Whether it’s better to apply for a marriage-based green card in the U.S. or abroad depends on various factors, and the decision may vary based on individual circumstances. Here are some considerations for both options:
Applying for a Marriage-Based Green Card in the U.S. (Adjustment of Status):
Pros:
- Convenience: If the foreign spouse is already in the U.S., applying for adjustment of status allows them to remain in the country while the application is processed.
- Work Authorization: The foreign spouse may be eligible to apply for a work permit (Employment Authorization Document or EAD) while waiting for the green card.
- No Need for Consular Processing: The process is completed within the U.S., avoiding the need for consular processing abroad.
Cons:
- Processing Time: The processing time for adjustment of status can vary, and in some cases, it may take several months.
- Travel Limitations: The foreign spouse may face travel restrictions while the application is pending.
Applying for a Marriage-Based Green Card Abroad (Consular Processing)
Pros:
- Potentially Faster Processing: Consular processing may, in some cases, have a faster overall processing time than adjustment of status in the U.S.
- Clearer Entry Process: If the foreign spouse is abroad. Consular processing provides a clear entry process, as the immigrant visa is issued before entering the U.S.
- Predictable Timeline: The timeline may be more predictable compared to adjustment of status.
Cons:
- Separation: The foreign spouse may need to remain outside the U.S. until the immigrant visa is issued. Which can result in temporary separation from the U.S. citizen spouse.
- Limited Work Authorization: Unlike adjustment of status applicants. Those undergoing consular processing may not have immediate eligibility for a work permit upon arrival in the U.S.
Ultimately, the best choice depends on factors such as the current location of the foreign spouse, personal preferences, and the specific circumstances of the case.
