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If your spouse is already in the United States, It is important to say that to carry out this procedure you must have legal status. That is, she could not have entered the country as an undocumented person. In that case, she would have to file Form I-130 to carry out an adjustment of status.
If your spouse is outside the United States then it will be necessary to file Form I-130 and wait for a non-immigrant visa to become available and be sent to the embassy corresponding to your country and then you can process the green card.
In both cases Uscis points out that the following documentation will need to be submitted:
- Signed Form I-130.
- Payment of the corresponding fee, which in 2024 is US$625.
- Copy of your civil marriage certificate, it is necessary for the union to be legal.
- If applicable, copy of decree of dissolution of previous marriages, for example, divorce certificate, death certificate or annulment decree.
- Passport-style photos of you and your spouse.
- You will need to prove your resident status through Form I-551.
Authorities said that if your spouse is waiting for his/her visa, he/she can apply for a visa in the meantime. K-3 permit that will allow you to enter the United States to live and work temporarily until your residency process is completed.
You may be offered a special green card if your marriage is recent.
Uscis notes that if you and the person you plan to sponsor for a green card have been married for less than two years, then if you meet the requirements, You will only be granted conditional residency.
The reason for this is that immigration authorities must verify that it is a legitimate union and not one solely for the purpose of obtaining immigration benefits, so Conditional residence is only valid for two years, some time ago it will be possible to process permanent residence valid for ten years by submitting form I-751, or Petition to Cancel the Conditions of Residence.
Uscis advises that it is necessary to carry out this procedure within the period of 90 days before the expiration date of the conditional resident card, otherwise will lose status and could be deported from the United States.
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