A Guide for IR6 Green Card Applicants

If you entered the US on a temporary non-immigrant visa, such as a student or tourist visa, you are bound to abide by the conditions upon which your visa was issued and return to your home country before your visa expires. What happens if you fall in love and marry a US citizen while your temporary visa is still valid? Does it mean you’ll be forced to leave your spouse behind when your visa expires? The answer is no. 

You do not need to leave the US in those circumstances unless you choose to. Your marriage to a US citizen qualifies you as an ‘immediate relative‘ under the Immigration and Nationality Act (INA). This qualification makes you eligible for a green card under the immediate relatives of the US citizen category. It is worth noting that individuals other than the spouse, minor children, or parents of the US citizen fall under other green card categories.

Since you’re already in the US, you might be eligible for the IR6 green card, depending on how long you’ve been married. The IR6 green card is a marriage-based green card reserved for spouses of US citizens who have been married for more than two years before their green card application. If you’ve been married that long, the IR6 green card might be your quickest path to becoming a lawful permanent resident and eventually attaining citizenship.

The information provided here will aid you in understanding how this green card category works, the eligibility requirements, and the application process. Read on to learn more.

Like other family immigration procedures, the IR6 application process begins with the US citizen spouse who files Form I-130, Petition for Alien Relative on behalf of the applicant.

As a US citizen’s immediate relative, you must file Form I-485, Application to Register Permanent Residence or Adjust Status. You may file Form I-485 simultaneously with the immigrant visa petition in a process known as concurrent filing. This helps to reduce the application processing time and allows the immigration authorities to decide on both forms simultaneously.

You and your spouse need to complete the forms accurately before filing to minimize the chances of a denial. You can ask an experienced immigration attorney for help completing and filing the forms to avoid errors.

Other Documents You May Need

You and your spouse have to include other supporting documents while filing the immigration forms. They include the following:

• Two passport-style photographs.

• Copy of your government-issued ID.

• Copy of your birth certificate.

• Your marriage certificate. 

• Evidence that any previous marriage has been terminated.

• Evidence of the authenticity of your marriage, such as joint bank account statements or documents showing joint ownership of property.

• Evidence of the native resident’s US citizenship.

Submitting Your Application 

Generally, USCIS forms (except Form I-485) can be submitted online or by mail after paying the filing fees. But if you’re concurrently processing forms I-130 and I-485, you must mail your application.

Once the USCIS receives your application, they’ll send you a notice of receipt. You’ll also receive notices for your biometrics appointment and immigration interview (where applicable). You must attend both events and reschedule your appointment if the assigned dates are inconvenient. Otherwise, the USCIS may deny your application.

Once the USCIS decides on your application, you’ll be notified in writing. Your IR6 green card will be sent to your mail if your application is successful.

If your application fails, the USCIS will let you know why and whether their decision can be appealed. But an adjustment of status denial is generally difficult to appeal. There are other ways to get the USCIS to reconsider its decision. Still, those procedures are complex and involve further expenses. Hence, it is crucial that you get your IR6 application right the first time.