If your spouse is a U.S. citizen or a Lawful Permanent Resident (LPR) then it may be possible for you to become a green card holder (permanent U.S. resident). However, there are strict requirements that you must meet to obtain a family-based immigration visa. You must file the correct forms and gather documentation to prove that you are eligible for a green card.

Make Your Spouse a Permanent U.S. Resident

Immigration

An immigration lawyer from Probinsky & Cole will help you avoid mistakes during the visa application process. Your Sarasota green card attorney will evaluate your eligibility, help you gather the necessary documents, and avoid mistakes that would delay your application or lead to a denial.

If your petition was unsuccessful, an immigration lawyer from our firm will help you make an appeal. Call 866-805-8947 today to schedule a consultation.

Here are the answers to three FAQs about becoming a permanent resident through a spouse who is a U.S. citizen or Lawful Permanent Resident:

  1. Which forms will I have to file?

Are you a green card holder or a U.S. citizen? Your immigration status in the United States and whether your spouse is inside or outside the country will determine which forms you need to file.

As U.S. Citizenship and Immigration Services explains, you will have to file a Petition for Alien Relative (Form I-130). If your spouse is in the United States through lawful admission or parole, and you are a U.S. citizen, then you also have to file an Application to Register Permanent Residence or to Adjust Status (I-485). You will file that form at the same time as you file Form I-130.

If you hold a green card and your spouse is inside the United States through lawful admission or parole, then you must file Form I-485 when a visa number becomes available.

  1. What documents will I have to submit?

When you submit Form I-130, you will also have to send payment and the following documentation:

  • Two completed and signed G-325A forms – one for you and one for your spouse;
  • Copies of all divorce decrees, death certificates or annulment decrees to prove that all previous marriages that you or your spouse entered are no longer valid;
  • Copy of the civil marriage certificate;
  • Documentation to prove any legal name changes; and
  • Passport-style pictures of you and your spouse.

If you hold a green card, you will have to provide proof of your status by submitting:

  • A copy of the back and front of Form I-551; or
  • A copy of your foreign passport with a stamp that serves as temporary evidence of permanent residence.

If you are a citizen of the United States, you will have to prove your status by submitting a copy of:

  • Your valid U.S. passport; or
  • S. birth certificate; or
  • Consular Report of Birth Abroad; or
  • Naturalization certificate; or
  • Certificate of Citizenship.

  1. My petition was denied – can I appeal the decision?

If your visa petition was unsuccessful, then you can appeal the decision by following the guidelines on the denial letter. When your appeal form and fee have been processed, your appeal will be evaluated by the Board of Immigration Appeals.

There are several factors that could lead to a denial of your visa petition – such as mistakes on important forms or a lack of necessary documentation. The best way to avoid these problems is to consult an immigration lawyer.

At Probinsky & Cole, our legal team will guide you through the visa application process. Call our office today at 866-805-8947 to schedule an initial consultation with a green card attorney in Sarasota.

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