Navigating the Marriage-Based Green Card Process

Navigating the marriage-based green card process can be overwhelming, but understanding key topics can make the journey smoother.

Here is a comprehensive guide to some of the most common questions people have about obtaining a green card through marriage.

1. Eligibility Requirements

To qualify for a marriage-based green card, the marriage must be legally recognized and bona fide; meaning, the marriage is genuine and not solely for immigration benefits. Both partners must be free to marry, and if either has been previously married, the prior marriage must be legally terminated.

2. Application Process

The process typically involves several steps:

• Filing Form I-130: The U.S. citizen or lawful permanent resident spouse files this form to establish the relationship.
• Filing Form I-485: If the foreign spouse is in the U.S., they may apply to adjust status to permanent resident using this form.
• Consular Processing: If the foreign spouse is outside the U.S., they will go through the consulate in their home country.

3. Documents Needed

When applying, couples should gather essential documents, including (but not limited to):

• Marriage certificate;
• Proof of citizenship or permanent residency of the U.S. spouse;
• Evidence of a bona fide marriage (e.g., joint bank statements, photos together); and
• Identification documents (passports, birth certificates).

4. Interviews

Interviews may be a critical part of the process. Couples may meet with an immigration officer who will ask questions about their relationship. Common topics include how they met, daily routines, and plans for the future. Being honest and prepared with relevant documentation is key.

5. Common Challenges

Couples may face various challenges, including (but not limited to):

• Proving the authenticity of the marriage; especially, if one spouse has a prior immigration history;
• Delays due to missing documents or incomplete applications; and/or
• Navigating complex immigration laws and procedures.

6. Conditional vs. Permanent Green Cards

An individual who has be married for less than two years when they become a permanent resident, will receive a conditional green card. valid for only two years. To transition to a permanent (10-year) green card, couples must file to remove conditions (Form I-751) within 90 days before the card expires.

7. Timeline

The timeline for obtaining a marriage-based green card can vary widely based on several factors, including whether the application is filed within the U.S. or abroad. Generally, the process can take anywhere from several months to over a year.

8. Affidavit of Support

The U.S. citizen or permanent resident spouse must submit Form I-864, the Affidavit of Support, demonstrating they can financially support the foreign spouse as part of their household. If the “total income” listed on the U.S. citizen or permanent resident spouse’s IRS Tax Transcript does not exceed 125% of the Federal Poverty Guideline for the household size, the USCIS may request additional financial documents and/or a joint sponsor.

9. Legal Assistance

While it’s possible to navigate the process without an attorney, many couples benefit from legal assistance, especially if there are complicating factors. An immigration attorney can provide guidance, help with paperwork, and prepare couples for interviews

The marriage-based green card process can seem daunting, but understanding these key topics can help simplify your journey. Whether you’re just starting or in the thick of it, being informed and prepared will empower you and your spouse to navigate this important step in your life together.

Green Card Lawyer – Lally Immigration Services, LLC

If you’re looking for personalized guidance through the marriage-based green card process, Lally Immigration LLC is here to help! Contact us today (here) or schedule a consultation (here) to take the first step toward securing your future together!

We have successfully helps lots of couples – check out our client testimonials!!

Disclaimer: This blog article is provided by Lally Immigration Services, LLC for informational and marketing purposes. This article does not constitute legal advice, nor does it establish an attorney-client relationship. No reader should act, or refrain from acting, on the basis of any information presented in this article, or elsewhere on this website, without seeking the advice of appropriate legal counsel, or other professional counsel, licensed in the relevant jurisdiction. Lally Immigration Services, LLC expressly disclaims any and all liability with respect to any actions taken, or not taken, based on any content of this article or website. Prior results do not guarantee a similar outcome.

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Last Reviewed/Updated: 10/08/2024