I-130 Green Card for family members
The first step in the family reunification process
I-130 Green Card for family members
The I-130 Green Card allows U.S. citizens and green card holders to bring family members to the United States. This type of visa is the first step in the family reunification process and is critical to securing a spouse’s right to stay. Here you will find all information about the requirements, the application process and the necessary documents. Rely on our expertise to bring your spouse to the USA safely and efficiently.
FAQ
Frequently asked questions
The process of obtaining an I-130 green card for spouses can be complex and often leads to numerous questions. To make this process easier for you, we have compiled the most frequently asked questions and their answers. In this section, you will find detailed information on the requirements, application process and benefits of the I-130 Green Card. If you have any further questions, please do not hesitate to contact us at any time.
Who can apply for a green card for their spouse?
US citizens or US permanent residents.
Is it possible to obtain a green card through marriage?
Yes - Spouses of US citizens or green card holders are eligible to apply for a green card.
Who qualifies for an I-130?
U.S. citizens can use an I-130 Petition for Alien Relative to apply for a green card for their spouse, unmarried and married children, siblings, or parents. Green card holders can use Form I-130 to petition on behalf of their spouse or unmarried children.
How do I get a green card after marriage?
The first step in the green card process is to file the Form I-130 Petition for Alien Nationals with the USCIS. Once this is approved, the applicant either applies for their green card an "Adjustment of Status Application" if they are within the U.S., or an immigrant visa from a U.S. consulate abroad. This process is referred to as "Consular Processing".
How do I apply for a green card for my family member?
You must file an I-130 Petition for Alien National with USCIS. Once approved, you must then either file an application for adjustment of status with USCIS or apply for an immigrant visa through consular processing.
How long does it take to obtain a marriage-based green card?
Currently (as of October 2024), the processing of applications for adjustment of status in the USA takes around 12 - 15 months. The processing of green card applications submitted via the consulate takes approx. 22 months.
The long processing time for the green card is due to the very long I-130 processing times, which average 15.5 months.
Is there a way to apply for an expedited green card on a marriage basis?
Yes, in certain situations, spouses of US citizens living abroad can submit an expedited application for a green card, which can be submitted to you. In Germany, this process is handled by the US Consulate in Frankfurt. This expedited process is only open to US citizens who are sponsoring their family members. Green Card holders who sponsor their family members are not eligible for this program.
To qualify, you must prove that there are "exceptional circumstances" that would not allow you to go through the normal green card process, which can take many months. These circumstances may include:
- an urgent job offer for the US citizen Petitioner in the USA
- that a child is approaching his/her 21st birthday and will soon no longer be eligible to apply for a green card
- a US citizen petitioner who has to move to the USA with his/her family for urgent medical reasons
- the US citizen is a member of the US military and must relocate his place of residence
It is at the discretion of the consulates to consider other humanitarian reasons in order to expedite a green card application.
What documents are required to apply for a marriage-based green card?
To apply for a marriage-based green card, you must provide proof of your marital relationship and biographical information about the applicant. To prove your marital relationship, you must submit a copy of your marriage certificate, any previous divorce decrees and proof of your "bona fide" marriage. This includes documents showing your cohabitation, your joint financial resources, birth certificates of children (if applicable), affidavits from friends and relatives regarding your relationship, and any other evidence that proves your ongoing marriage.
For green card applications for parents or children, applicants must provide proof of the parent-child relationship between the petitioner and the applicant. This may include birth certificates, school records, or other documents proving the relationship.
How long does it take for the I-130 to be approved?
As of October 2024, the I-130 processing time for the spouse of a U.S. citizen is approximately 15.5 months. For US permanent residents applying for their spouse, the processing times are significantly longer.
What happens after the I-130 is approved?
Congratulations! If your I-130 application is approved, it means that USCIS agrees that your spouse or family member is eligible for a green card. The next step is to either file an Adjustment of Status application if your spouse is within the U.S. or apply for an Immigrant Visa from a U.S. Consulate abroad through Consular Processing.
What does an I-130 permit mean?
The I-130 petition is the first part of the family-based green card application. If approved, this means that the USCIS has agreed that your spouse is eligible for a green card and that you have submitted the required documents to prove your marital relationship.
It also means that you can proceed with the second part of the process by applying for either an adjustment of status or an immigrant visa from a U.S. consulate.