Getting a green card through marriage can be one of the fastest paths to permanent residence. However, it is not easy or inexpensive. Applicants must submit proof that their marriage is genuine and not entered into for immigration purposes.
Several other steps must be taken, including an interview with a USCIS officer. Boundless can help you navigate the process from start to finish.
1. The Legality of the Marriage
Green card through marriage is a common way for spouses of US citizens to get permanent resident status in the United States. However, there are many legal hurdles that can arise during this process. These include requests for additional evidence, interviews with immigration officers, and concerns about the validity of the marriage. A qualified immigration attorney can help navigate these challenges and ensure a successful application.
The first requirement is that the marriage must be valid. This means that it must be recognized by the government of the country in which it took place. It must also have taken place in good faith and that both parties entered into it freely. Additionally, if one of the spouses is already in the United States, they must prove their legal entry into the country by providing a copy of their visa stamp or Form I-94 (Arrival/Departure record). This includes individuals who have received Deferred Action for Childhood Arrivals and individuals that are still in the process of applying for citizenship through DACA.
After the petition is filed, USCIS will review it to make sure that all of the requirements are met. The agency will also perform a background check to make sure that the spouse is not a threat to national security and that the couple is in a bona fide marriage. If the petition is approved, the foreign spouse can then file for an immigrant visa.
Once the green card is granted, the spouse can work and live in the United States without restriction. They can also apply for citizenship after a certain period of time. However, the process can take several months to a year or longer, depending on the complexity of the case.
If you are interested in pursuing a marriage green card, Boundless has put together a comprehensive guide that covers everything from the required documents to how much it will cost. The guide includes detailed information on the interview process, including what questions you can expect to be asked. It also breaks down the costs associated with obtaining a green card through marriage, including government filing fees and medical examinations.
2. The Legality of the Petition
Green cards through marriage are one of the fastest ways to become a permanent resident in the United States. However, the process is very complicated and has many pitfalls that can trip up unsuspecting couples. The sponsoring spouse (usually a U.S citizen) must prove that the foreign national spouse is in a valid and bona fide relationship, that they are not likely to become a public charge and that they can support them once they’re in the United States.
To prove that their marriage is a valid and genuine one, spouses must submit evidence like wedding invitations and photos, joint bank or credit card statements, proof of trips taken together, letters from friends or family addressed to both the husband and wife, etc. Additionally, they must pass a medical exam and show that they do not have any communicable diseases or mental illnesses.
Applicants are also subject to strict scrutiny by USCIS. This is because the path of a green card through marriage is particularly prone to fraud by individuals who fake a marriage to obtain immigration benefits. As a result, USCIS typically asks extensive and detailed questions at the interview conducted by an officer of its Fraud Detection and National Security unit.
At the interview, the foreign national spouse will be required to provide proof that their sponsor can support them once they’re in the U.S. This is typically done by submitting Form I-864, Affidavit of Support, where the sponsor must attest that they have enough income and/or assets to support the foreign national spouse and their children under the age of 21 for at least 12 months after they receive their green card.
The entire green card through marriage process is extremely complex and requires the assistance of an experienced attorney to increase your chances of success. Boundless has helped more married-based immigration clients than any other law firm—and for a fraction of what you would pay most firms. Get started today to see how Boundless can help you start your new life in the United States.
3. The Legality of the Interview
A marriage green card is a common path to permanent residence, but the process can be lengthy and complex. The last big step is the interview, which is when a USCIS official will sit down with you and your spouse and ask questions about your relationship. This can be a very intimidating and stressful time, so it is important to know what to expect.
The officer is looking for evidence that your marriage is real and not just a way to get a green card. They will look at your joint bank statements, rental agreements and other documents to make sure that you are living together as a married couple. They will also ask very personal questions, so be prepared to answer them honestly. If you are uncomfortable with a question, you can let the officer know that it is too personal and should not be asked.
It is important to remember that it is a crime to marry someone solely for the purpose of getting a green card. If the officer suspects that you are doing this, they can deny your application or even deport you from the country.
In addition to reviewing financial documents, the officer will likely verify your identity and will discuss your relationship with your spouse. They may also ask about any children you have, and how the two of you communicate. It is helpful to bring original copies of your identification, like passports, so that the officer can verify them. It is also a good idea to have a copy of your wedding certificate and any other relevant documentation, like birth certificates of any children born to the couple.
If you have any other immigration-related documents, you should bring those as well. These can include employment records, tax returns and property ownership. It is also a good idea to prepare any additional documents you think the officer might need, such as travel itineraries and phone records.
After the interview, the officer will decide whether to approve your marriage-based green card. If the officer approves your card, you will receive it within a few weeks.
4. The Legality of the Final Decision
One of the quickest and most common paths to permanent residency in the United States is through marriage. However, this is also a path that can be easily exploited by people who fake a marriage in order to obtain immigration benefits. As a result, USCIS closely scrutinizes anyone who gets a green card through marriage.
To qualify for a green card through marriage, both spouses must meet a few requirements. For starters, the sponsor, or U.S. citizen spouse, must prove that they are a lawful permanent resident or a naturalized citizen. They must also provide proof of their citizenship, such as a copy of their U.S. passport or naturalization certificate. The spouses must also prove that they are actually married and that their relationship is genuine. To do this, they must submit copies of their marriage license and other documents such as joint bank accounts, utility bills, letters from friends and family, and photos of the couple together at weddings or other events.
Regardless of whether the sponsor and spouse are in a same-sex or opposite-sex marriage, they must both meet these requirements. In addition, the marriage must be a legitimate one according to state law. Domestic partnerships and civil unions are not considered to be valid under federal law, so they won’t qualify you for a green card through marriage.
Another important requirement is that both spouses must show that they entered the United States legally. This means that they must have either a valid visa or a green card at the time of their arrival. This is a requirement that is particularly important for immigrants who enter the United States through marriage, since they can be denied their green card if they were in the country illegally at the time of their wedding.
If you’re interested in applying for a green card through marriage, it’s important to hire an experienced attorney to handle your case. An attorney can confirm your eligibility and prepare all of the necessary paperwork. They can also help you stay on top of deadlines and understand your status as USCIS processes your application. They can also help you avoid any mistakes that could hurt your case, such as making a late filing or failing to provide the correct documents.