Citizen Applying for Spouse GC

[ssen]

Hey Guys,

 

Just so I have a clear understanding on the application for spouse GC process, I'd like to know what exactly is the I-485 form? Being a citizen, wouldn't I need just to I-130 form to fill out? is this correct? or would I have to submit both those forms? if so, would I need to submit them together? 

 

She currently resides in Japan - so I am guessing the US embassy (when all goes well) would call her for an interview - would this be the case for any spouses who are living outside the US and waiting for their GC?

 

Your help is much appreciated,

 

thanks!

[JoeF]

You file an I-130, petitioning your spouse.

The spouse files an I-485, Adjustment of Status to Permanent Resident, but ONLY if the spouse is in the US.

If the spouse is outside the US, the approved I-130 gets send to the consulate, and she then has to get an Immigrant Visa from the consulate, after an interview.

[sharin]

There are 2 categories for Green card application :

1. Spouse already staying inside USA (possibly on valid visa) then you need to file I-485 form along with I-130.

2. Spouse staying abroad (as in your case - wife is outside USA) then you need to file only I-130 petition. She will go through consular processing at local US Embassy in Japan.

 

I-485 form is required for beneficiary already inside USA to adjust status as Permanent Resident

 

Source : http://www.uscis.gov/family/family-us-citizens/spouse/bringing-spouses-live-united-states-permanent-residents

[ssen]

Thank you JoeF and Sharin! Helpful notes! 

 

Much appreciated.