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How a U.S. citizen can get a GC for spouse or parents
By Jim Nolan | March 7, 2010
A question we get often is what does a U.S. citizen need to do to get a “green card” (GC) for his spouse or parents and does he or she need a lawyer to help? I would like to answer these questions, but please understand they do not apply if the sponsor is a permanent resident (GC holder) and not a U.S. citizen. A GC holder has a much longer and difficult road to sponsor his spouse and can’t sponsor his parents.
I will also assume that the spouse or parents will have an interview in the U.S. This is usually what most people want, but it is possible and, in some situations required, that they have their interview at the U.S. Embassy in the home country of your spouse or parents.
First, I would like to list what documents you need to mail to Immigration. You can download them from www.uscis.gov
Forms signed by U.S. citizen:
- Form I-130
- Form G-325A
- Form I-864 plus the last 3 years tax returns of U.S. citizen
Forms signed by spouse or parents
- Form I-485
- Form I-765 for a work card
- Form I-131 for travel papers
- Form G-325A – same form, but different information
- Form I-508 IF the spouse or parents ever had an E visa.
Need to include the following things:
- Check for filing fees which now is $1,365, but may change so please check
- Proof of U.S. citizenship – copy of birth certificate or passport
- Copy of the U.S. citizen or spouse’s divorce certificate, if any. DOES NOT apply if U.S. citizen is sponsoring their parents.
- Copy of U.S. citizen’s and spouse’s marriage license
- Proof that U.S. citizen is child of parents, if he/she is sponsoring his/her parents (usually citizen’s birth certificate)
- Copy of the spouse or parent’s birth certificate with English translation
- Proof that spouse or parents are legally in the U.S. This is usually a copy of I-94, visa stamp, I-20 and optional practical training (OPT) card if in the U.S. as a student
- 4 passport style pictures of U.S. citizen and 8 of spouse or parents , and
- Spouse or citizen’s medical exam results on appropriate form from doctor on list approved by Immigration.
It is important to be sure where to mail the forms. Immigration changes this frequently so check with Immigration at www.uscis.gov to be sure.
You should talk to an attorney before filing your papers if any of the following situations apply to you:
- U.S. citizen has ever sponsored another spouse for a GC;
- If U.S. citizen’s income is below the poverty level, around $20,000 for 2 people
- If the U.S. citizen has never met his spouse before the wedding or only meet a few times
- If spouse or parents are from a country on the terrorist watch list
- If spouse or parents aren’t in the U.S. or only arrived a short-time ago
- If spouse or parents are not in legal status in the U.S.
- If spouse or parents had ever been sponsored for a GC before
- If spouse has children who wish to get GC
- If spouse or parents need to travel outside the U.S. a few months after you mail in the papers
- If spouse or spouses children or parents have serious medical condition
- If spouse or spouses children or parents have ever been arrested anywhere in the world
- If spouse or parent has ever been in the U.S. on a J-1 visa.
Topics: Family, Practical Immigration Tips, “Green Cards” | 2 Comments »
Japanese
German
March 17th, 2010 at 1:23 pm
You just got married to someone who is not a U.S.citizen or your parents back in your home country are getting older. In this blog I explain how you, a U.S…..
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May 17th, 2010 at 12:37 am
I have published a new blog with some additional advice to U.S. citizens planning to married a foreign person living outside the U.S. See my new blog at http://jnusblog.takimedia.com/eng/?p=240