What direction to go and locations to get if you are a U.S. resident or resident marrying someone from Nigeria
If you should be marrying somebody from Nigeria, and want to sponsor your brand-new husband or wife for the U.S. green card (lawful permanent residence), listed here is some essential appropriate and information that is practical.
(Warning: this is certainly an overview that is general of the method works for many people. Your circumstances may include problems or qualify for exceptions; see legal counsel for the full analysis.)
Immigration Eligibility According To Engagement or Wedding
First, a background that is little U.S. immigration law. Wedding to a U.S. citizen or legal permanent resident provides foreign-born people an immediate way to U.S. immigration. Contrary to rumor that is popular nonetheless, the foreign national doesn’t straight away or automatically have the straight to immigrate, nor U.S. citizenship .
If you’re a U.S. resident, your brand-new partner becomes your “immediate relative,” and could receive an eco-friendly card as soon as the both of you ensure it is through the applying process. This could easily just simply take half a year to a or even longer year.
Then your new spouse can apply for a green card (“adjust status,” using Form I-485 ) if desired if you are not yet married and your fiancй(e) is still in Nigeria, you can, if you are a U.S. citizen, petition for your fiancй(e) to enter the U.S. on a K-1 visa in order to get married in the U.S.—and. You’ll be able to decide to get hitched first in Nigeria or any other nation, then make an application 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 card that is actual arrive some days after your fiancй(e)’s entry into the united states of america.)
If you’re a legal permanent resident, the new partner becomes a “preference general,” in category F2A, and will get permanent residence within the U.S. just after an immigrant visa or green card just after room for the permanent resident in category F2A becomes available predicated on your better half’s ” concern date. ” yearly limitations regarding the wide range of individuals who are able to be permanent residents in each category and from each nation create this hold off, which luckily, at the time of belated 2018, is all about two years for persons form Nigeria.
Permanent residents cannot petition for fiancй(e)s.
Summary of Obtaining an eco-friendly Card centered on wedding
The applying procedure for a card that is green on wedding involves numerous steps, such as for instance publishing kinds and papers and going to a job interview with U.S. immigration authorities. The objective of all of this is to show:
- the status associated with U.S. petitioner ( as a resident or resident that is permanent
- that a legitimate wedding has taken place (or will take place, in the case of a visa that is fiancй
- that the marriage is genuine (not really a sham to have a green card), and
- that the immigrant isn’t inadmissible towards the U.S. for medical, unlawful, economic, or any other reasons. (See Inadmissibility: When the U.S. Can Keep You Out for details.)
Procedurally, you might have significantly more than one option as to where you use, as described below.
Procedures When Trying To Get a K-1 Fiancй Visa
In the event that you along with your meant (whom lives outside of the U.S.) never have yet married—or you two have actually held a casual ceremony that doesn’t count as the state wedding when you look at the location where it had been held—you can put on with this temporary (90-day) visa with which your fiancй(e) can go into the U.S. and support the wedding.
The U.S. resident begins this technique by filing a petition on Form I-129F with U.S. Citizenship and Immigration solutions (USCIS). After USCIS approves this petition, it’s going to organize to move the instance towards the U.S. consulate in Lagos. Your fiancй(e) will submit an application for a visa that is k-1 the consulate. This requires publishing types and papers and going to an meeting by having a official that is consular. You, the petitioner, are permitted to go to this meeting, though it’s not needed.
After your marriage within the U.S., the new partner can use to USCIS for the green card, through a procedure called modification of status ( type may be the I-485 ) . The both of you will go to a green card meeting at a neighborhood USCIS office.
Procedures for your better half to Come 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 for the 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 strike a wait at this stage. They will need certainly to wait about two years ( according to degree of need within their category) for a visa to be accessible to them ( a continuous concern date ). The great news is that because of the time you get approval associated with I-130, some, if you don’t all, of this eight months could have passed away. USCIS will ahead your file NVC, which will inform you when it is apply.
Next, your foreign-born partner goes through consular processing for the visa that is immigrant. This means your spouse submits paperwork to, and attends an meeting at, a U.S. consulate in Lagos. (The U.S. petitioner may go to, it is to.)
Upon approval, your partner enters the U.S. for an immigrant visa, of which time she or he becomes a legal permanent resident. Assuming you have compensated the $165 green card manufacturing cost, the green card hot serbian wife comes when you look at the mail many weeks later on.
Where in Nigeria the Interview Is Likely To Be Held
Even though U.S. currently has two consulates in Nigeria, located in Abuja and Lagos, all immigrant visa choices are available in the consulate in Lagos. (Fiancй visas, which theoretically aren’t immigrant visas, are processed as though these people were immigrant visas, so that the only location to get a person is in Lagos.)
The NVC allow you to understand as soon as your situation file is utilized in Lagos and instruct yoo on about what doing next. Partners and fiancй(e)s can additionally find instructions at www.ustraveldocs.com/ng.
The consulate there would likely be the one to handle the case if your spouse happens to be living in a country other than Nigeria.
Procedures Should Your Spouse Has Already Been within the U.S.
When your spouse stumbled on the U.S. legitimately (such as for example for a fiancй or pupil visa or being a tourist), she or he might be entitled to use to modify status in america. The form that is main this is certainly USCIS Form I-485. The both of you shall go to a job interview at certainly one of USCIS’s industry offices.
Information on USCIS places or solution facilities can be seen at its website.uscis.gov this is certainly,www. (Just be sure your better half didn’t commit visa fraud utilising the nonimmigrant visa particularly to go into the U.S. and use for the card that is green. See dangers of Entering the U.S. being a Tourist, Then trying to get Marriage- Based Green Card for details.)
a U.S. citizen, no matter whether is with in appropriate status within the U.S. whenever you apply. However if you are a permanent resident, your partner needs to be in appropriate status.
an added major consideration for partners of permanent residents wanting to adjust status: you must reach the front of the waiting list we mentioned earlier before you can apply. Regrettably, the federal government may not inform you as soon as your delay is over—but you can easily figure it down your self. USCIS has a online web page which explains exactly how.
If for example the partner entered the U.S. without assessment or by making use of a fake visa, or has ever been deported from the U.S., your circumstances is more complicated than this informative article can deal with. You could have trouble receiving a green card for your better half, though it’s not impossible. See an immigration lawyer for details or whether you qualify to adjust status if you have any questions about.
Stepping Into a Legally Valid Marriage
Wherever you marry, it is important to have a certification that convinces the U.S. immigration authorities it took place that it was legally recognized in the state or country where. Here are some guidelines on doing that.
Getting Documentation of the Valid Marriage in Nigeria
You will first need to look into Nigeria’s requirements for legal marriage to a noncitizen if you have married, or plan to get married in Nigeria. The consulate might be able to give you some guidance, or even a neighborhood lawyer. Nigeria’s Marriage Act is additionally .