If you recently got married and are now taking steps to apply for a marriage-based green card, it can be overwhelming to know where to start and what to do. Should you apply for an adjustment of status or try to get a green card through consular processing? The answer will depend on the specific circumstances of your situation. Keep reading for more information and reach out to a green card immigration lawyer in NYC with any questions regarding your green card application.
What Are the Qualifications to Apply Through Adjustment of Status?
There are many nuances in spousal green card applications. Generally, if you are applying for a green card and already live in the United States you will go through an adjustment of status and it will be handled by the USCIS (United States Citizenship and Immigration Services).
What Are the Qualifications to Apply Through Consular Processing?
If you live abroad and are applying for a green card from outside of the United States, you will go through consular processing and your application will be handled by the NVC (Nationa Visa Center).
Can I Apply for Both?
No, you cannot apply for both adjustment of status and consular processing at once. If you are eligible for both you will have to choose between the two options. There are instances where you have no choice but to apply to one over the other.
For example, if your sponsoring spouse is a green card holder as opposed to a citizen you must apply through an adjustment of status. If you are staying in the United States while waiting for your green card you must obtain a valid visa in the meantime.
If the above is true but you are unable to obtain a visa and maintain a valid immigration status for the time being you will need to apply from outside of the country via consular processing.
What Documents Do I Need?
Required documents for an adjustment of status include Form I-130, known as the family sponsorship form, and Form I-485, the adjustment of status application.
To apply for consular processing you will need to fill out Form I-130, known as the family sponsorship form, and Form DS-260, the immigrant visa electronic application.
Each of these forms will require extensive information. To properly fill out the family sponsorship form (I-130) your sponsoring spouse will need to provide:
- Proof that they are a United States citizen
- Proof of their green card holder status
- Proof of your marriage
- Proof of termination of previous marriages if applicable
- Proof of an official name change if there was one
The adjustment of status form (I-485) requires:
- Proof of your nationality
- Proof of your lawful entry into the United States
- Proof of your immigrant status
- Law enforcement records if applicable including previous immigration violations
The electronic immigrant visa application form (DS-260) requires:
- Proof of your nationality
- Proof of your marriage
- Proof of termination of previous marriages if applicable
- Military service records if applicable
- Law enforcement records if applicable including previous immigration violations
