Q: Im a legal resident in the united states, my boyfriend isn't. we want to get married here in Arizona, what he needs?

A: Yes, and you can sponsor him for a green card. However, it would be better for you to wait until you become a US citizen to sponsor him.

robably the most sought after U.S. immigration benefit is obtaining permanent resident status. One of the most common ways an immigrant will get a green card is through the marriage to a US Citizen or permanent resident. Due to a prevalence of people marrying US residents fraudulently for the purposes of obtaining permanent resident status, these marriages are scrutinized by the USCIS to ensure that they are genuine.

As an immediate relative of a US citizen or permanent resident, a foreign spouse has easy access to permanent residency, compared to a non-related foreigner. The process for getting a family based green card for the spouse of a US resident is as follows.

File Petition for Alien Relative

Filing USCIS form I-130 is the first step towards getting an alien resident into the US. This petition establishes the relationship of the alien to a US resident. Additionally, both the alien seeking immigration and the US resident will need to submit details about biographic information. This is done by filling out and submitting form G-325A. Each applicant has the burden of proving the bona fides, i.e. good faith, of the marriage. Therefore, in addition to the submission of the forms, applicants are required to submit evidence of a valid marriage with documents such as birth and marriage certificates, wedding announcements, banking and insurance accounts, joint auto registration, driver’s license and joint credit card statements if available.

Adjustment of Status

For spouses of US citizens, processing will take only as long as the USCIS administrative process. In addition to the I-130 and I-325A, spouses of US Citizens can concurrently file for adjustment of status by submitting the I-485, Medical Report, Affidavit of Support (See paragraph below), an employment authorization document (EAD) and the Advance Parole (Travel Document), the associated photographs and Fees. If all the documents are properly submitted then your spouse is sent for a biometric (fingerprint) appointment. Shortly thereafter the US Citizen and spouse are scheduled for an immigration interview with the nearest USCIS Service Center. If all your documents are complete and original and certified copies are available for presentation at the adjustment interview you should be granted your Permanent Residence Status at the interview.