If you or your spouse are a foreign national and want to apply for a green card based on your marriage, it is important to fully understand the process and your rights. Continue reading and work with a green card immigration lawyer in NYC for experienced representation and legal advice today.
What is a Marriage Green Card?
A common way that foreign nationals obtain green cards in the United States is through marriage to a U.S. citizen or lawful permanent resident. Once the pair is legally married, the foreign spouse can apply for a green card based on their relationship with their partner and obtain lawful permanent resident status. Eventually, they may become eligible to apply for U.S. citizenship.
You are generally eligible for a marriage-based green card if you are legally married to a U.S. citizen or lawful permanent resident, have evidence that your marriage is genuine and only for immigration purposes, and are legally admissible to the United States.
How Can I Apply for a Green Card Through Marriage?
Below are some of the main steps to take when applying for a green card through marriage.
- Form I-130: The petitioning spouse should file Form I-130, the Petition for Alien Relative, with the USCIS. This establishes the relationship between the spouses. It is important to include evidence that the marriage is legitimate when submitting the application, like joint bank accounts, property records, photos together, birth certificates of shared children, sworn affidavits from friends and family, etc.
- Adjustment of status: If the spouses are already in the United States when applying for a green card, they can file Form I-485 to adjust the foreign national’s status. Various documentation is required with the form, including filing fees of up to $2,330, proof of nationality, proof of lawful entry to the U.S., a medical examination conducted by a USCIS-approved doctor, documentation proving financial support, passport-style photos, employment history, and more.
- Consular processing: If one or both spouses are living outside the U.S., however, they will go through consular processing instead of an adjustment of status. The case will be handled by the NVC (National Visa Center), and the applicant will be required to provide extensive documentation, including filing fees of up to $1,340 (if both spouses live abroad), the online green card application, proof of nationality, police clearance certificates, documentation proving financial support, a medical examination conducted by a USCIS-approved doctor, passport style photos, the marriage certificate, and more.
- Interview: The spouses will attend an interview where an officer will ask questions to verify the authenticity of the marriage and relationship. They will ask a variety of questions about how the pair met, when and where they got married, details of each spouse’s life, and more.
After the interview, it is time to await the approval of the application. Immigration law can be complex, so it is important that you are adequately prepared and represented. Work with a skilled attorney for legal advice during your application process.
