What USCIS Forms Do I Need to Become a Resident Through Marriage?
An immigrant can become a resident of the United States through marriage to a U.S. citizen or a lawful permanent resident. The U.S. Citizenship and Immigration Service, also referred to as the USCIS, gives priority to a spouse of a citizen or lawful permanent resident. An immigrant spouse is considered an immediate family member, and therefore, is not subject to numerical restrictions or a waiting period.
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Form I-130
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An immigrant's spouse must file Form I-130, Petition for Alien Relative, on behalf of the immigrant. The petition establishes the spousal relationship between the immigrant and the spouse. The application must also include evidence that establishes a valid marriage and proof that the petitioner is a citizen or lawful permanent resident of the U.S. Acceptable documentation includes a birth certificate, a certificate of citizenship, photos of the marriage ceremony, the marriage certificate, joint financial statements, a lease or evidence of property owned jointly and birth certificates of children. If the citizen spouse lives in the U.S. or Canada, the petitioner must send the petition to the USCIS Chicago Lockbox facility. If the petitioner resides outside of the U.S. or Canada, the petitioner must send form to the appropriate USCIS oversees office or a U.S. embassy or consulate.
Form G-325A
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The petitioner and the immigrant must also file Form G-325A, Biographic Information. This form establishes the family relationship between the petitioner and the immigrant. The applicant must provide information about former spouses, previous residences for the past five years and previous employers.
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Form I-485
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A person may file Form I-485, Application to Register Permanent Residence or Adjust Status, upon receipt of an immigrant visa number or along with Form I-130. An immigrant files this form to adjust his status to a permanent resident or to register for permanent residency. When the immigrant files Form I-485 depends on whether he resides in the U.S. If the immigrant resides in the U.S., he may submit this form along with Form I-130. If the immigrant resides outside the U.S., he must submit this form after the USCIS approves Form I-130 and provides a visa number.
Form G-1145
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If a petitioner or applicant would like to receive an electronic notification of the acceptance of Form I-130 or Form I-485, it is necessary to file Form G-1145 along with the submission of the forms to any of the three USCIS Lockbox facilities located in Chicago, Illinois; Phoenix, Arizona; and Lewisville, Texas. The USCIS will send an electronic notice within 24 hours of the acceptance of the application. The applicant can receive notification by e-mail, text message or both if the applicant provided both an e-mail address and a cellular telephone number.
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