The immigration process can be overwhelming and the information about marriage based green cards can be complex. Here are some common questions that people have before they get started.
Here is a list of the documents the Applicant/Immigrant should provide as part of the green card application. Keep in mind that the employment/tax documents are only required if the applicant's income will be supporting the petitioner/sponsor's income.
These are the documents you should provide as evidence of a "good faith" marriage:
These are the documents that the Petitioner/Sponsor/U.S. Citizen should provide:
The timeline for green card applications is always changing. You can check this website to find the average processing times of specific applications and the various USCIS service centers. You know which field office is processing an application by the first three letters of the receipt.
On average, we are currently seeing the following timelines:
Employment Authorization Document (EAD) is granted for people in the C09 category (pending I-485) when the I-765 is processed. This gives them work authorization for the time period listed on the EAD, usually one year. Because green card applications are typically taking longer than that these days people may need to apply to renew this document to continue to work while waiting for their green card. The USCIS usually processes this application at a separate field location than the rest of the application.
Optional Practical Training (OPT) is work authorization given to F-1 visa holders to be able to work in their field of study either during their schooling or afterwards. Usually OPT is good for 12 months. Income from OPT is considered temporary as you only have authorization for a short time and usually cannot be counted on the I-864, however if the expiration is not for another year or so and the applicant would likely get their EAD within that time it can be included.
You can use either your married name or your maiden name. Whichever you would rather have on your green card. Often customers keep the maiden name until they get citizenship so their passport, birth certificate, etc match the green card. If you do have documents that don’t match, you will just need to carry your marriage certificate with you. Let us know if you have any other questions or concerns about this.
Starting 12/2/2024, USCIS now requires that any I-485 applicants required to file Form I-693, Report of Immigration Medical Examination and Vaccination Record MUST submit Form I-693 concurrently with their Form I-485. Failing to file the two forms together can result in Form I-485 being rejected.
Once you have a travel permit, you can use that to travel outside the U.S. Before you have it, YOU CAN NOT travel. Otherwise your I-485 will be canceled, unless you have a valid H-1B Visa or L-1 Visa.
To avoid getting into any issues,You need to get authorization prior to travel. Advance Parole generally takes 6-12 months to receive. It is possible to have your I-131 expedited if you have an emergency that requires you to travel outside of the U.S.
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