Steps to Take When Applying for a Marriage-Based Green Card in Colorado

Applying for a marriage-based green card in Colorado can seem daunting, but understanding the steps involved can significantly ease the process. Here’s a step-by-step guide to help you navigate your application smoothly.

1. Understand Eligibility Requirements
Before starting your application, ensure that you meet the eligibility requirements. You must be legally married to a U.S. citizen or a lawful permanent resident. Your marriage must be genuine and not solely for immigration purposes, and you must both have the legal capacity to marry.

2. Gather Necessary Documents
Collect all required documents, which typically include your marriage certificate, proof of your spouse’s citizenship or permanent residency, and evidence of a bona fide marriage. This could include joint bank statements, photos together, and lease agreements. Ensure that all documents are in order and copies are available.

3. File Form I-130: Petition for Alien Relative
Your spouse should begin the process by filing Form I-130, which establishes the relationship between you and your spouse. Include all required documentation and filing fees. After submission, you will receive a Notice of Action (Form I-797) confirming the receipt of your petition.

4. Wait for I-130 Approval
Once your I-130 petition is processed, you will receive an approval or a request for additional evidence (RFE). If approved, the case will be forwarded to the National Visa Center (NVC) for further processing. This process can take several months, so patience is key.

5. Pay Fees and Submit Form DS-260 (if applying from outside the U.S.)
If you are outside the U.S., you will need to pay the necessary visa fees and complete Form DS-260, the Online Immigrant Visa Application. This form is crucial for the consular processing stage.

6. Attend the Interview
Both you and your spouse will be required to attend an interview at your local U.S. consulate or embassy if you are outside the U.S. or at a USCIS office if you are already in the U.S. Prepare for questions regarding your relationship, life together, and future plans.

7. Enter the U.S. Using a Visa
If you are outside the country, once your application is approved, you will receive an immigrant visa. After entering the U.S. on your visa, you can then apply for a green card (Form I-485) if you haven’t already done so when applying for your visa.

8. File Form I-485: Application to Register Permanent Residence or Adjust Status
If you are already in the U.S. legally, you can file Form I-485 to adjust your status to a permanent resident. Make sure all documentation is complete, including the medical examination form and an affidavit of support from your spouse.

9. Wait for Green Card Approval
After submitting Form I-485, USCIS may schedule an interview for you. If everything goes well and your application is approved, you will receive your green card in the mail. This process could take several months, so keep an eye on the status of your application.

10. Conditional Residency
If your marriage is less than two years old when your green card is approved, you will receive a conditional green card. To remove conditions, you must file Form I-751 within 90 days before the two-year anniversary of receiving your green card. This step is vital to obtain your permanent residency status.

By following these steps and preparing adequately, you can successfully navigate the marriage-based green card application process in Colorado. Remember to seek legal assistance if you have specific questions or face unique circumstances during your application.