Marrying A resident of Nigeria? Ways to get a Green Card for the New Spouse
How to proceed and locations to get if you are a U.S. resident or resident marrying somebody from Nigeria
If you should be marrying some body from Nigeria, and intend to sponsor your brand-new wife or husband for a U.S. green card (lawful permanent residence), listed here is some essential legal and information that is practical.
(Warning: this really is a basic breakdown of exactly how the method works for people. Your circumstances may include problems or be eligible for exceptions; see a legal professional for the full analysis.)
Immigration Eligibility Predicated On Engagement or Marriage
First, a background that is little U.S. immigration law. Wedding to a U.S. citizen or legal permanent resident provides foreign-born people a primary way to U.S. immigration. Contrary to popular rumor, however, the internationwide national doesn’t instantly or automatically get the straight to immigrate, nor U.S. citizenship .
Through the application process if you are a U.S. citizen, your new spouse becomes your “immediate relative,” and may receive a green card as soon as the two of you make it. This may simply take half a year to a 12 months, and sometimes even longer.
If you should be maybe not yet married along with your fiancй(e) continues to be in Nigeria, you can easily, if you’re a U.S. resident, petition for the fiancй(e) to go into the U.S. for a K-1 visa to get married within the U.S.—and your new partner can use for a green card (“adjust status,” using Form I-485 ) if desired. You can elect to get hitched first in Nigeria or any other country, then apply for a visa that is immigrant which to enter the united states of america. (This visa may be the same in principle as a card that is green. The real card will show up some days after your fiancй(e)’s entry towards the usa.)
If you should be a legal permanent resident, your new partner becomes a “preference general,” in category F2A, and certainly will obtain permanent residence into the U.S. only after an immigrant visa or green card just after room for the permanent resident in category F2A becomes available centered on your better half’s ” concern date. ” yearly restrictions in the quantity of individuals who is able to become permanent residents in each category and from each nation create this delay, which luckily, at the time of belated 2018, is approximately 2 yrs for people form Nigeria.
Permanent residents cannot petition for fiancй(e)s.
Breakdown of acquiring an eco-friendly Card centered on Marriage
The application form procedure for a green card based on marriage involves numerous actions, such as for instance publishing kinds and documents and going to an meeting with U.S. immigration authorities. The goal of all of this is to show:
- the status associated with the U.S. petitioner ( being a resident or resident that is permanent
- that a legitimate wedding has happened (or will take place, when it comes to a fiancй visa)
- that the marriage is real (not just a sham to have a green card), and
- that the immigrant is certainly not inadmissible into the U.S. for medical, unlawful, financial, or any other reasons. (See Inadmissibility: When the U.S. will Keep You Out for details.)
Procedurally, you might than one choice as to where you apply, as described below.
Procedures When Trying To Get a K-1 Fiancй Visa
You two have held an informal ceremony that does not count as an official marriage in the location where it was held—you can apply for this temporary (90-day) visa with which your fiancй(e) can enter the U.S. and hold the wedding if you and your intended (who lives outside the U.S.) have not yet married—or.
The U.S. resident begins this process by filing a petition on Form I-129F with U.S. Citizenship and Immigration Services (USCIS). After USCIS approves this petition, it’s going to arrange to move the instance towards the U.S. consulate in Lagos. Your fiancй(e) will make an application for a visa that is k-1 the consulate. This requires submitting types and papers and going to a job interview by having a official that is consular. You, the petitioner, are permitted to go to this meeting, though it is really not needed.
After your wedding into the U.S., the new partner can use to USCIS for the green card, through a procedure called adjustment of status ( type which is why could be the I-485 ) . The both of you will attend a green card meeting at a neighborhood USCIS office.
Procedures for in the future tinder free app From Nigeria for an Immigrant Visa
That you are really a U.S. citizen or permanent resident if you and your husband or wife have already married, and your spouse is currently in Nigeria, you would start the green-card application process by filing Form I-130 with USCIS, to prove that the two of you are really married and. (See planning A i-130 visa petition for the Immigrating Spouse of U.S. Citizen or Preparing an I-130 Visa Petition when it comes to Immigrating Spouse of the U.S. Permanent Resident .)
After USCIS approves the I-130, spouses of U.S. residents can carry on with visa processing.
Partners of U.S. permanent residents will hit a wait . They’ll need to wait more or less 2 yrs ( dependent on degree of need within their category) for the visa to be offered to them ( a continuous concern date ). The great news is that by the time you obtain approval of the I-130, some, all, regarding the eight months could have passed. USCIS will forward your file to your NVC, that will inform you if it is time and energy to use.
Next, your foreign-born partner is certainly going through consular processing for an visa that is immigrant. This means your spouse submits paperwork to, and attends an interview at, a U.S. consulate in Lagos. (The U.S. petitioner may go to, it is to.)
Upon approval, your partner comes into the U.S. for an immigrant visa, of which time he/she becomes a lawful permanent resident. Presuming you’ve paid the $165 card that is green charge, the green card comes within the mail many weeks later.
Where in Nigeria the Interview Will Undoubtedly Be Held
Even though the U.S. currently has two consulates in Nigeria, located in Abuja and Lagos, all immigrant visa decisions are manufactured in the consulate in Lagos. (Fiancй visas, which theoretically aren’t immigrant visas, are prepared just as if these people were immigrant visas, and so the only spot to get one is in Lagos.)
The NVC allow you to know whenever your instance file is used in Lagos and instruct yoo on about what to complete next. Partners and fiancй(e)s can additionally find instructions at www.ustraveldocs.com/ng.
When your spouse occurs become surviving in a nation apart from Nigeria, the consulate there may likely function as the anyone to handle the way it is.
Procedures In The Event The Partner Is when you look at the U.S.
When your spouse found the U.S. lawfully (such as for example for a fiancй or student visa or being a tourist), she or he could be entitled to apply status in the us. The form that is main this is certainly USCIS Form I-485. The both of you will go to a job interview at one of USCIS’s industry workplaces.
Information regarding USCIS places or solution centers is found at its site.uscis.gov this is certainly,www. ( didn’t commit visa fraudulence using the nonimmigrant visa particularly to enter the U.S. and use for a green card. See dangers of Entering the U.S. as being a Tourist, Then Applying for Marriage- Based Green Card for details.)
If you are a U.S. resident, no matter if is with in appropriate status into the U.S. once you use. However, if you are a permanent resident, should be in legal status.
There is certainly one other major consideration for partners of permanent residents desperate to adjust status: if your wanting to can use, you have to achieve the front for the waiting list we talked about earlier in the day. Unfortuitously, the us government may well not inform you if your delay is over—but it is possible to figure it away your self. USCIS has a online web page that explains just how.
When your partner entered the U.S. without assessment or using a fake visa, or has ever been deported through the U.S., your position is more complicated than this short article can deal with. no doubt you’ve trouble getting a card that is green your better half, though it is not impossible. See an immigration lawyer for details or when you have any queries about whether you qualify to regulate status.
Getting Into a Legally Valid Wedding
Irrespective of where you marry, get yourself a certification that convinces the U.S. immigration authorities it was legitimately recognized within the state or nation where it were held. Below are some guidelines on doing that.
Acquiring Documentation of the Valid Marriage in Nigeria
When you have hitched, or intend to get hitched in Nigeria, you may first want to explore Nigeria’s demands for appropriate marriage to a noncitizen. The consulate could possibly offer you some guidance, or even a attorney that is local. Nigeria’s Marriage Act is additionally .