When a US citizen or green card holder and an immigrant get married, they can apply for a marriage based green card. Success in this type of case allows the spouse of a US citizen or a green card holder to live and work anywhere in the US. After getting a green card, the immigrant spouse of a US citizen can apply for citizenship after 3 years if they continue to remain married and meet other criteria for citizenship. The processes involved in acquiring a marriage based green card are:-
- Preparing and filing a marriage based green card application to establish a bona fide marriage and
- Attending a green card interview either in the US or at a US embassy abroad
Filing Form I-130 to Establish Your Marriage
The Form I-130, Petition for Alien Relative, is the form used to request that United States Custom and Immigration Service (“USCIS”) review and determine that the marriage between a US citizen or green card holder spouse (“US spouse”) and an immigrant spouse is bona fide. The couple has to convince USCIS that they have a valid marriage and they have not entered into the marriage for immigration purposes. In order to prove this, the spouses should submit evidence in the form of documents, pictures and affidavits from friends, co-workers and/or family members in support of their marriage. A marriage certificate, proof of citizenship or green card for the US spouse and a passport or similar document establishing the identity of the immigrant spouse should be included with this application. In this petition, the US spouse is called the petitioner and the immigrant spouse is called the beneficiary.
Application for a Green Card by the Immigrant Spouse
If the US spouse is a citizen, and the immigrant spouse entered the US lawfully, the immigrant spouse is eligible for adjustment of status inside the US. However, if the US spouse is a green card holder, then the immigrant spouse has to have entered lawfully and continued to maintain lawful status up until the date of the green card interview in order to be eligible for adjustment of status. Additionally, he/she cannot file an adjustment of status application until the US Department of State determines that a green card is available per the visa bulletin. The immigrant spouse of a green card holder should also have never violated their immigration status in the past in order to be eligible for adjustment of status. For the immigrant spouse living in the US, the applicant will fill a Form I-485, Application for Adjustment of Status. Spouses eligible for adjustment of status can also file an Application for Employment Authorization as well as a Request for Advance Parole. Benefits of filing these additional applications with your adjustment of status application is that additional USCIS fees do not need to be paid for these applications, the immigrant spouse receives a work permit and can also travel in and out of the US during the pendency of the application.
For the immigrant spouse living outside the US, they file a package with the National Visa Center that gathers necessary forms and documents to determine if the spouse is ready to interview at a US embassy and receive their green card through consular processing.
Application Interview and Approval
The final stage of acquiring the marriage-based green card is the interview. An immigration office will assess the authenticity of your marriage as well as the immigrant’s character including any criminal record or immigration status violations. The main focus will be on your relationship history, daily lives, and plans. Success at the interview leads to the approval of the green card.
Conclusion
The application process involved in acquiring a marriage green card can be overwhelming, tedious and very evidence dependent. You need an immigration lawyer to walk you through the process and offer guidance where necessary. Working with an experienced lawyer who can represent you in your case can make the process smooth, efficient and lead to quick results. If you want to ensure success, and have your family living with you in the US, contact us today for a consultation and representation.