If your Spouse is a United States Citizen
If your spouse is a U.S. citizen, you will follow the typical procedure for most applicants living in the United States while married to a U.S. citizen. You and your spouse will file these forms, usually at the same time:
- Form I-130, “Petition for Alien Relative,” or the family sponsorship form, which your U.S. citizen spouse should complete and sign.
- Form I-485, “Application to Register Permanent Residence or Adjust Status,” or the green card application, which you should complete and sign.
You will need to prove to the U.S. government that you married your spouse “in good faith” and not for a green card. You should receive your green card within 10 to 13 months of when you sent in your application.
While your green card application is pending, you can continue living and working in the United States through your L-1 visa. However, you can also apply for a temporary work permit or “Employment Authorization Document” (EAD) along with your green card application. By filing Form I-765, you can get a work permit that will allow you to keep working even if your L-1 visa expires before you get your green card.
You also don’t need a travel permit or “Advance Parole Document” to travel outside of the United States because you have an L-1 visa. However, you can only re-enter the United States as long as you maintain your L-1 status. If your visa may expire or you may change employers while overseas, you should get a travel permit. Otherwise, the government will mark your application for a green card as “abandoned,” and you will have to start the entire visa petition process again.
Every year, many U.S. citizens and lawful permanent residents sponsor green card applications for their close family members who are foreign nationals. The first step in most family-based green card application processes is filing the U.S. Citizenship and Immigration Service (USCIS) Form I-130. Form I-130 is officially called the “Petition for Alien Relative,” and USCIS uses it to verify a real and qualifying relationship between the green card sponsor and the green card applicant.
Credit: Migration Policy Organization
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