Spouse
A spouse of a U.S. citizen
is eligible for a green card as an “immediate relative.” Immediate
relatives are not subject to quotas, so they do not need to
wait until a visa is available.
To obtain green card
based on marriage the immigrant must be:
• legally
married (it doesn't matter in what country) to a U.S. citizen
or permanent resident;
• not married
to someone else at the same time;
• not married
to someone who has another wife or husband.
Within the application
process, you'll have to prove all of the above things. Legal
marriage is usually the easiest to prove, by simply providing
a copy of your marriage certificate. To show that the marriage
is the real thing, you'll have to provide copies of documents
such as joint bank statements, children's birth certificates,
photos of the wedding and afterwards, love letters, and more.
The process for applying
for permanent resident status depends on whether the foreign
spouse is within or outside of the United States .
Application
Procedure if Inside the United States
If the foreign spouse
is already in the United States in a nonimmigrant status, the
U.S. citizen spouse should file a petition and an application
to adjust status with the U.S. Citizenship and Immigration Services
(USCIS).
Application
Procedure if Outside of the United States
If the foreign spouse
is outside of the United States , the U.S. citizen should file
an immigrant petition and request that the USCIS notify a U.S.
Consulate in the country where his or her spouse lives.
Once the petition is approved, the National Visa Center of the
U.S. State Department sends a series of forms called a “Packet
3.” After the necessary forms are completed, the alien
spouse goes to the U.S. Consulate overseas to apply for an immigrant
visa. The alien spouse becomes a permanent resident when he
or she enters the United States with an immigrant visa.
