Securing a Green Card Through Marriage Made Simple
Marriage-based green cards are likely one of the more recognizable means to obtain permanent residency status in the U.S. Sound simple, right — well, there are several important steps and requirements that couples should know to help each other find the path to legal residency smoothly. In this article, we will walk you through the step-by-step process of getting a green card through marriage—from the actual steps that you need to take, to what are some of the pitfalls, to what are some important things that you need to know.
Understanding the Basics
A green card (Permanent Resident Card, if you desire official terminology) grants permanent residency in the United States to foreign nationals so that they can live and work there permanently. If you are a U.S. citizen or a lawful permanent resident and you marry a foreign national to whom you are not yet married, then that spouse has the opportunity to obtain a green card to gain permanent residency. The process is known as either "adjustment of status" for applicants in the U.S. or "consular processing" for applicants abroad.
The Process Explained
There are many steps involved in the process for a green card application through marriage:
Petition for Family Immigration: The spouse who is a U.S. citizen or lawful permanent resident files Form I-130, Petition for Alien Relative with the U.S. Citizenship and Immigration Services (USCIS). This form validates the marriage and the petitioner ownership of thereseind the foreign husband1.
Adjustment of Status (only if foreign spouse is currently in the U.S.) or Consular Processing: If the foreign spouse is in the U.S., the foreign spouse can file Form I-485, Application to Register Permanent Residence or Adjust Status. For those outside the U.S. they will undergo consular processing, having an interview at a U.S. embassy or consulate in their country2. Biometrics Apt: Your foreign spouse will be required to go to a biometrics appointment, where they will take their fingerprints, photo, and signature. Joining Interview: In some cases, USCIS will request both spouse should show up before an USCIS official to confirm that the marriage is genuine. At this step, also important, the officer will try to evaluate whether the marriage was real or simply for immigration benefits3. USCIS will decide on your application after reviewing the application and conducting an interview. Once authorized, that overseas mate nelly become the married green card holder.
Typical Issues and Thoughts
Applying for a green card through marriage has its own challenges. A very common issue is how to prove that the marriage is valid. USCIS is often cautious with all applications to avoid approving marriages between people for fraud, so lack of evidence can keep you in limbo or delay/dismiss the application. The couples should have documentation which includes joint bank account statements, lease agreements, photographs and affidavits from friends and family.
Now lets take the other point into consideration, the money. The one who sponsors the foreign spouse will have to show that he or she earns enough money to support the other. This is normally achieved with Form I-864, Affidavit of Support where the sponsor must demonstrate that they earn at least 125% of the federal poverty guidelines4.
Why You Should Get a Green Card Via Marriage
There are many advantages to having a green card through marriage. It gives the foreign spouse legal residency status in the U.S., access to social services, and the right to come and go freely from the U.S. Furthermore, if the holder of the green card resides in the U.S. for three years, their spouse may also be eligible to apply for U.S. citizenship4, if they meet residency and moral character grounds5.
Final Thoughts
Getting a green card through marriage can be an exhausting and rewarding process. Couples can increase their chances of a successful application by understanding the process, preparing relevant documentation, and fulfilling all requirements. It is very important to be honest and thorough during this process and use accurate and truthful information in all documents submitted to USCIS. Now the couples can plan on a future together in the US with careful planning in this process.