The American residence by marriage is a topic that interests many. Many people want to reside in the United States with their partner, but the residency process is complicated and difficult for many cases. Here we explain step by step all the necessary details to understand how this process works.
Once you have married an American in the United States, American residency by marriage can be applied for and started. The first step is to obtain a Form I-130, issued by the USCIS (Citizenship and Immigration Services) through the corresponding consulate or embassy.
This form describes the circumstances under which you received your marriage certificate, as well as the details of the spouse’s residence and US legal residence.
To complete this form you will need the original wedding certificate or an official copy (not photograph), along with the invoices to prove that you have resided in the United States for at least two consecutive years before getting married. The exact date is essential both if your partner just obtained his residence until before the moment of engagement and also if you resided in the United States before getting married.
The I-130 form is sent to the USCIS for review. It may take up to a full year or more to process after the Form I-130 is received by the appropriate consulate office. If the USCIS rejects this document, no problem; you can resubmit it with the necessary changes (same day if possible).
As mentioned above, American marriage residency can take about a year or more. This specification does not mean that each case is exact and will process the same time without significant variations.
Once the USCIS approves the I-130 form, the next steps depend on the type of residency in progress with your US partner. You will receive notifications to appear at the corresponding offices.
It begins with Form I-485, issued by USCIS (and filed at the appropriate offices), along with the wedding certificate and any additional documentation necessary to prove that you were legally living in the United States before the marriage. You will then be assigned a tracking number when you submit this Form I-485 to the USCIS. This is a shorter process and takes no more than six months to process.
Once the USCIS approves your American residency, you will receive a permit via email or official letter with the corresponding records of permanent residence in the United States. After this step, you can easily leave the country and even travel outside the area if necessary.
The American residence by marriage does not automatically give residence to children under 21 years of age, you would have to apply for residence as a child if the minors are dependents.
Remember that these steps may vary in your particular case due to the type of initial residence and its particular circumstances. Therefore, it is important to consult an experienced attorney for more details on how things work and the steps to take.
If you need the help of an expert lawyer to process your American residency by marriage, please do not hesitate to contact us through the following form:
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