July 7, 2023

Green Card through Marriage: A Pathway to Permanent Residency

by Zachary A. Westenhoefer

Understanding the Green Card through Marriage

Obtaining a green card through marriage is a common route for foreign spouses to obtain permanent residency in the United States. The process involves demonstrating the legitimacy of the marital relationship and meeting the eligibility criteria set by the United States Citizenship and Immigration Services (USCIS).

Eligibility Requirements

To be eligible for a green card through marriage, you must meet certain requirements. If you're married to a US citizen, you can generally apply for an immediate relative green card. If you're married to a green card holder, you may fall under the family preference category. In both cases, you must establish the authenticity of the marriage and meet the necessary eligibility criteria.

The Application Process

The application process for a green card through marriage involves several steps. As the petitioner, you'll need to file an immigrant petition on behalf of your spouse. If you're a US citizen, you'll file Form I-130, Petition for Alien Relative. If you're a green card holder, you'll file Form I-130, Petition for Alien Relative, along with Form I-130A, Supplemental Information for Spouse Beneficiary.

Supporting Documentation

Along with the petition, you'll need to submit supporting documentation to establish the authenticity of your marriage. This may include marriage certificates, joint financial records, photographs, affidavits from family and friends, and any other evidence that demonstrates the bona fide nature of your relationship.

Adjustment of Status or Consular Processing

Once the immigrant petition is approved, the next step depends on whether the foreign spouse is already in the United States or residing abroad. If the foreign spouse is in the US, they can apply for Adjustment of Status by filing Form I-485, Application to Register Permanent Residence or Adjust Status. If the foreign spouse is residing abroad, they'll go through consular processing at the US embassy or consulate in their home country.

Interview and Decision

As part of the application process, the foreign spouse will need to attend an interview with USCIS. The interview is designed to verify the authenticity of the marriage and assess the eligibility for a green card. It's important to prepare for the interview by reviewing your application, gathering supporting documentation, and anticipating potential questions.

Conditional Green Card

In certain cases, if the couple has been married for less than two years at the time of the green card approval, the foreign spouse will receive a conditional green card. To remove the conditions and obtain a permanent green card, a joint petition must be filed within the 90-day period before the second anniversary of receiving the conditional green card.

Conclusion

Obtaining a green card through marriage provides a pathway to permanent residency for foreign spouses of US citizens or green card holders. By understanding the process, meeting the eligibility requirements, and preparing a strong application with supporting evidence, couples can navigate the journey toward obtaining permanent residency. Consulting with an experienced immigration attorney can provide invaluable guidance and ensure a smoother process.

Please remember that the information provided in this blog post is for informational purposes only and should not be considered legal advice. For personalized guidance based on your unique circumstances, it's best to consult with a qualified immigration attorney. Feel free to reach out to me with any questions or to set up a free initital consultation.