So you are within the United States and married to a US citizen or green card holder and need to know for those who can apply for a green card in the United States. As long as you do not leave the U.S., even an overstay of many years will not depend in opposition to you if you are adjusting standing through marriage to a U.S. citizen. Whereas the number of applications denied is small, the consequences are large: There’s potential for both civil-administration and legal consequences for inexperienced card marriages; the non-citizen will get robotically deported.
The types which can be used to apply for residency by marriage embrace the Form I-one hundred thirty (Petition for Alien Relative) and the Form I-485 (Utility to Register Everlasting Residence or to Modify Status), in accordance with U.S. Citizenship and Immigration Providers The method for when and the way every kind is filed is dependent upon whether or not the sponsoring spouse is a U.S. citizen or a permanent resident, as well as whether or not the other partner is already in the country.
In a Stokes Interview, each partner is separated and is asked a sequence of questions concerning the other and their life together, starting from Where was your husband born?” to What is your husband’s favorite pastime?” Your solutions to those questions will likely be compared towards those provided by your partner to find out your degree of familiarity.
If your partner’s entry was an admission” to the United States and she or he renewed permission to stay in the country beyond the visa’s expiration date, it is best to be able to set up eligibility and alter his or her standing by way of marriage.