New policy for US green card spouses

The U.S. government has two different processes to determine whether the spouse for whom you are applying for a green card is eligible.

Spouse living abroad

If the spouse for whom you are applying for a green card lives abroad, the next step is to apply to the NVC (National Visa Center) under the jurisdiction of the U.S. Department of State. Apply. The National Visa Center (NVC) is responsible for gathering the necessary forms and documents and deciding whether the spouse for whom you are applying for a green card can travel to the U.S. Embassy or Consulate for an interview (called "consular processing"). The application materials submitted to the National Visa Center NVC include the following main contents:

Government filing fee (Government filing fee) 445 US dollars

DS-260 form (fill in online Green card application form)

Certificate of nationality of spouse (copy of birth certificate and passport photo page)

If the spouse has ever committed an illegal act, a police testimony of the illegal act needs to be submitted /Copies of supporting documents

Proof that the applicant is able to financially support the spouse applying for a green card (Form I-864, or "Affidavit of Support", plus relevant evidence such as tax returns and pay stubs)

The National Visa Center (NVC) usually takes 3-5 months to process the application and then forward it to the U.S. Embassy or Consulate in the country of the spouse for whom you are applying for a green card.

Spouse living in the United States

If the spouse for whom you are applying for a green card currently lives in the United States, the next step is to file Form I-485 (technically called an application to "adjust status" ). I-485 is an application filed with USCIS, the immigration bureau, and its main purpose is to determine the spouse’s eligibility to apply for a green card. An I-485 application package needs to include:

Government filing fee (Government filing fee) $1,225

Proof of citizenship of spouse (copy of birth certificate and passport)< /p>

Proof of spouse’s legal entry into the United States (copy of I-94 travel record and previous visa to the United States)

Medical examination report by a doctor approved by USCIS

Prove that the applicant has the ability to financially support the spouse applying for a green card (Form I-864, or "Letter of Support", plus relevant evidence such as tax returns and pay stubs)

For the United States For the spouse of a citizen, the I-485 petition package can generally be filed together with the I-130 petition package described in Step 1 (called a "concurrent petition"). Usually the immigration office USCIS processes this type of "simultaneous application" within 8-10 months.

However, for spouses of legal permanent residents of the United States, the I-485 application must wait until the U.S. Department of State determines that a green card can be issued based on the annual green card limit. The waiting time is approximately one and a half years, but it can vary by a few months depending on the spouse's home country. Once the I-485 application is submitted, the USCIS processing time is usually 8-10 months.

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