How to Petition for a Spouse’s Green Card in Oklahoma
Petitioning for a spouse’s green card in Oklahoma is a crucial step for couples looking to build their life together in the United States. It allows the foreign spouse to obtain lawful permanent resident status, often referred to as a green card. Below, we outline the essential steps involved in the process.
1. Determine Eligibility
Before beginning the application process, ensure both spouses meet the eligibility requirements. The U.S. citizen or lawful permanent resident must be able to prove their status and that the marriage is bona fide, not entered into for the purpose of immigration.
2. Complete Form I-130
The first step in the petition process is to complete Form I-130, Petition for Alien Relative. This form establishes the relationship between the U.S. citizen or permanent resident and the foreign spouse. Make sure to provide accurate information and include the required documentation:
- A copy of the marriage certificate.
- Proof of the U.S. citizen or permanent resident’s status.
- Evidence of a bona fide marriage (photos, joint financial documents, etc.).
3. File the Petition
After completing Form I-130, file it with the U.S. Citizenship and Immigration Services (USCIS). Pay attention to the filing fee, which is subject to change, so check the current fee on the USCIS website. Once submitted, you will receive a receipt notice, indicating your petition is being processed.
4. Wait for Petition Approval
USCIS will review your petition and typically issues a decision within several months. You can check the status of your application online using the receipt number on the USCIS website. If approved, the case will move to the National Visa Center (NVC) for the next steps.
5. Complete Form I-485 (Adjustment of Status)
If your spouse is already in the U.S. and wishes to adjust their status, they will need to complete Form I-485, Application to Register Permanent Residence or Adjust Status. This process allows the foreign spouse to receive a green card without leaving the country. Include the following with the application:
- Form I-864, Affidavit of Support.
- Medical examination results.
- Biographical information.
6. Attend the USCIS Interview
Once the I-485 is processed, both spouses will be required to attend an interview at the local USCIS office. Be prepared to answer questions about your marriage and provide any additional documentation if requested. This is a crucial step where the authenticity of the marriage will be evaluated.
7. Receive the Decision
After the interview, if everything goes well, USCIS will send a decision regarding the green card application. If approved, your spouse will receive their green card, granting them lawful permanent resident status.
8. Understanding Conditional Green Cards
If your marriage is less than two years old at the time of approval, your spouse will initially receive a conditional green card, valid for two years. To remove the conditions, you must file Form I-751, Petition to Remove Conditions on Residence, within the 90-day period before the card expires.
Conclusion
Petitioning for a spouse’s green card in Oklahoma involves several steps, but with careful preparation and attention to detail, the process can be navigated successfully. Always consider consulting an experienced immigration attorney to help with complex cases or questions regarding documentation.
By following these guidelines, couples can work together to ensure their future in the U.S. is a bright and legally secure one.