Are You Eligible for a Marriage Based Green Card
US Green Card Through Marriage
Getting a green card through marriage allows foreign spouses of U.S. citizens or lawful permanent residents to live and work in the U.S. permanently. To apply you must prove a valid marriage, meet financial sponsorship requirements, and complete either adjustment of status or consular processing, depending on your location.
What Is a Marriage-Based Green Card?
A marriage-based green card serves as proof of lawful permanent resident status and is granted based on the marriage. During the green card marriage process, the couple must interview with immigration officials and provide proof of a legitimate connection, like joint accounts, pictures, or leases, to qualify. The process may vary if a foreign spouse is already in the U.S. or applying from abroad.
Eligibility Basics: Who Can Apply for a Marriage-Based Green Card?
To successfully apply an applicant must be legally married to a U.S. citizen or lawful permanent resident. The marriage can’t be solely for immigration purposes and must be legally valid in their jurisdiction. Both spouses must provide documentation to prove the relationship. Applicants must also meet general eligibility criteria, including no criminal record or prior immigration violations that could cause them to be disqualified.
Is Your Marriage Legally Valid?
For a marriage to be legally valid for immigration purposes, it has to be recognized under the laws of the country or jurisdiction where it was performed. This means the marriage must comply with proper registration and age consent. Common-law marriages might be valid if recognized in the jurisdiction where the relationship was established. Polygamous marriages, those entered into for immigration benefits, or those that violate U.S. public policy are invalid. Ensuring your marriage meets these standards is important when applying.
Proving a Genuine Marriage: Avoiding Fraud Concerns
When applying for a marriage-based green card, proving your marriage is legitimate is essential to avoid fraud concerns. U.S. immigration authorities scrutinize applications to ensure the marriage was not entered into solely for immigration benefits. To demonstrate a real relationship, you will need evidence of your marriage like a mortgage, lease, joint financial accounts, or affidavits from friends who are witnesses to your marriage. Joint tax returns or shared utility bills can be used. Be ready to answer detailed questions during the interview about your shared history, life, and plans. Transparency can counter fraud concerns and prove your marriage is authentic.
What If One or Both Spouses Were Previously Married?
If one or both spouses were previously married, it doesn’t disqualify them from getting a marriage-based green card, but it does add another layer of scrutiny. All prior marriages must be legally terminated through divorce, annulment, or the death of the previous spouse. Applicants must provide official documentation, like divorce decrees, or death certificates, to prove the prior marriages ended. U.S. Citizenship and Immigration Services will review this evidence to ensure the current marriage is legally valid. Failure to provide accurate and complete documentation may delay or jeopardize your application.
Financial Requirements for Sponsorship
To obtain a U.S. green card for a spouse of a U.S. citizen, the sponsoring spouse must meet income requirements to be a financial sponsor. You must ensure your foreign spouse won’t need public assistance. The sponsoring spouse must demonstrate an income at or above 125% of the Federal Poverty Guidelines for their household size. If the sponsor’s income isn’t enough, savings, property, or investments can be used to meet the requirement. A joint sponsor can step in to fulfill the financial obligations. These requirements must be met for the green card application to move forward.
Can You Apply If You Are Already in the U.S.?
You can apply for a marriage-based green card if you’re already in the U.S. through a procedure called adjustment of status. Even if their visa has expired, foreign spouses of U.S. citizens or lawful permanent residents who entered the country lawfully are eligible for this option. Applicants must be married to their sponsor, provide proof of marriage, and be eligible. It’s a good idea to speak with an immigration lawyer about immigration-related concerns to avoid potential obstacles.
What Is Consular Processing, and When Is It Required?
When a foreign spouse from outside the US applies for a marriage-based green card, the application is processed through consular processing. They must attend an interview at a U.S. embassy or consulate in their native country and submit paperwork to the U.S. Citizenship and Immigration Services. The spouse is given an immigrant visa to enter the United States when the consular officer accepts the application; upon arrival, they will be granted a green card. Spouses who live overseas can lawfully join their partners in the U.S. with the assistance of consular processing.
The Marriage-Based Green Card Interview: What to Expect
The purpose of the marriage-based green card interview is to verify the validity of your marriage. Questions about your relationship may be asked of both spouses during an interview, which may take place jointly or individually. The officer might ask detailed questions to detect inconsistencies For a successful interview, you must be truthful, and consistent in your responses.
Conditional Green Cards for Marriages Under Two Years
Applicants who have been married for under two years at the time of green card approval will receive a conditional green card, valid for two years. To remove conditions, the couple must jointly file Form I-751 before the card expires, providing evidence of a real marriage. Conditional status is removed once approved, and the spouse receives a permanent green card. Failure to file or prove marriage validity may lead to loss of residency.
How Long Does It Take to Get a Marriage-Based Green Card?
The process of getting a marriage-based green card depends on the circumstances of the application. The process usually takes about 10 to 18 months if the sponsoring spouse is a U.S. citizen and the foreign spouse is already in the U.S. It can take longer for spouses to apply through consular procedures from abroad. Official backlogs, mistakes in your application, or more proof can be contributing factors. Obtaining a marriage-based green card can go more smoothly when you’re thorough and organized.
Can Same-Sex Couples Apply for a Marriage-Based Green Card?
Same-sex couples can get a U.S. green card through marriage if their marriage is legally valid in the jurisdiction where it was performed. If the couple satisfies all qualifying conditions, and their marriage is not for immigration purposes, same-sex weddings are recognized equally under U.S. immigration law. The procedure is the same as it is for couples of the opposite sex, which includes going to an interview and providing proof of marriage.
Schedule a Consultation with North County Immigration
At North County Immigration, our family-based visa lawyer is here to guide you through your marriage-based green card application. We’ll review your situation, help you gather the necessary documents, and ensure your application is prepared properly. Contact us today to schedule a consultation and take the first step toward securing your marriage-based green card.
By Anna M. Hysell
Ms. Hysell is the founding and managing attorney of North County Immigration. After graduating from law school at the University of Wisconsin and getting several years of experience, Ms. Hysell returned to her native Southern California to open an office in North San Diego County to serve clients from the Bay Area to the Mexican Border. She frequently speaks at law conferences, law schools, and workshops providing training to other lawyers. Ms. Hysell is committed to representing individuals with the resolve, compassion, ethics, and values she believes everyone deserves.