Marriage Green Card

What is Marriage Green Card?

A marriage based green card application is a permanent resident application for the spouse of a U.S. citizen or lawful permanent resident (green card holder). When a foreign national is married to a U.S. citizen or a lawful permanent resident (green card holder), he/she is eligible to apply for a green card based on the marriage relationship. For this process, U.S. Citizenship and Immigration Services (USCIS) offers two ways to apply: adjustment of status if the foreign spouse is in the United States; and consular processing if the spouse is overseas.

A U.S. sponsor is needed for the marriage based green card application. Valid sponsors are usually the U.S. citizen or the permanent resident spouse. There are additional requirements to show financial abilities to support the foreign spouse imposed on the sponsor. For example, the sponsor must provide tax returns, employment letter, and pay stubs as supplement to the application using form I-864 Affidavit of Support.

Marriage Based Green Card Common Concerns:

The first step for your marriage based green card application is to confirm you have a legally valid marriage and there are no issues with your spouse's immigration status. Some of the common hiccups we see at this phase are:

• Previous Divorce

A previous divorce won't be an issue for your marriage green card if it's done properly, but can add complexity. Make sure your divorce is finalized before entering into another marriage. If your divorce was not finalized before a new marriage, your new marriage could be found moot and void. This will impose challenges for your marriage green card application. If this situation applies to you, consult an immigration lawyer immediately.

• Unlawful Entry

If you had an unlawful entry entry into the United States, it may be impossible to adjust status to a marriage based green card. Hire an immigration attorney this this describes your situation.

• Married but Living Separately

If you are married, but don't live together with your spouse, it may be difficult to prove you are in a bona fide marriage.

• Travel Outside the U.S.

You may not be able to come back to the United States if you travel outside the country before your marriage based green card is approved without first filing an advance parole document using form I-131 Application for Travel Document.

• Financial Hardship

You may not be able to come back to the United States if you travel outside the country before your marriage based green card is approved without first filing an advance parole document using form I-131.

Who Can Apply for Marriage Green Cards?

The spouse of a U.S. citizen and the spouse of a Permanent Resident (green card holder) are eligibly for marriage based green cards.

Spouses of U.S. citizens are not subject to any quota systems. This means, there are always green card availability for spouses of U.S. citizens.

Spouse of green card holders are not as lucky. They will be subject to a preference based quota system, and have to wait for their turn in the green card waiting game.

As of January 2021, the visa bulletin for spouses of green card holders (F2A) is current for all national origins. We recommend filing for a green card soon to take full advantage of the current visa bulletin. Contact our office to start the application process.

Types of Marriage Green Card Applications:

There are two main types of marriage green card applications. If the foreign spouse is physically in the U.S., then the process is called an Adjustment of Status - adjusting from another immigration status to permanent residency. If the foreign spouse is outside the U.S., then the process is completed via an interview at the foreign consulate. Regardless of the type of applications, the entire process mainly contain 4 stages: establishing your marriage’s validity, applying for a green card, completing an interview with the USCIS, and removing the conditional green card status.

Adjustment of Status

Adjustment of Status is the process of applying for permanent residence in the United States. This option is only available to someone who is applying within the United States. An adjustment of status application typically consists of the following forms (and their required evidence).

• G-1145, E-Notification of Application

• G-28, Notice of Entry of Appearance of Attorney

• I-130, Petition for Alien Relative

• I-130A, Supplemental Information

• I-485, Application to Register Permanent Residence

• I-864, Affidavit of Support

• I-864, Affidavit of Support (if using a joint sponsor)

• I-765, Application for Employment Authorization 

• I-131, Application for Travel Document

• I-639, Report of Medical Examination and Vaccination Record

Consular Processing (Applying for a marriage green card from abroad)

If the spouse is physically residing in their home country they must first have their case initiated by filing Form I-130 (Petition for Alien Relative) with the United States Citizenship and Immigration Services (USCIS).

A U.S. citizen or permanent resident then files on behalf of their spouse as proof that a valid marriage has been entered into. Once USCIS approves the petition, it is sent to the National Visa Center where additional information can be requested from you or your spouse before transferring your case to a consulate abroad in order to apply for an immigrant visa.

Applicants who are either physically outside the U.S. or cannot adjust the status as explained above will need to apply via consular processing at a U.S. consulate abroad.

A consular processing application is a complex multi-stage process that typically consists of the following forms and supporting documents (and their required evidence).

• G-1145, E-Notification of Application

• G-28, Notice of Entry of Appearance of Attorney

• I-130, Petition for Alien Relative

• I-130A, Supplemental Information

• I-485, Application to Register Permanent Residence

• I-864, Affidavit of Support

• I-864, Affidavit of Support (if using a joint sponsor)

• I-765, Application for Employment Authorization 

• I-131, Application for Travel Document

• I-639, Report of Medical Examination and Vaccination Record

• DS-260

Supporting Documents to Prove your Marriage is a Bona Fide Marriage

• Photos of the couple together in different settings

• Marriage Certificate

• Joint bank account

• Joint rental lease or housing deed

• Joint insurance card and policy

• Birth Certificates of your children

• Affidavits prepared by common friends who have knowledge of your bona fide relationship

Other Supporting Documents to Include

• Passport Biography page and visa page

• Birth certificate

• Naturalization Certificate

• Employment documents

• W-2s

• Last 6 month’s paystubs

• Employment verification letter

• Federal tax return most recent tax year

• Passport size photos

Marriage Green Card Income Requirements for the U.S. Sponsoring Spouse

In order to sponsor a foreign spouse for a marriage based green card, the U.S. citizen or green card holder must submit the affidavit to financially support the foreign spouse using form I-864. There are strict income and asset requirements for the U.S. sponsor. The minimum income is typically $21,775 for a household size of 2, and goes up as the household size increases.

The Marriage Green Card Interview

You will have an interview for your marriage based green card. This process is for the USCIS to test that you have a bona fide marriage, or a real marriage. The interview should take anywhere from 10 to 40 minutes. If it goes well, you should receive your conditional green card in the mail after one week.

Removal of Conditions (I-751)

If you've been married for less than 2 years while your spouse is granted permanent resident status, your spouse is conditionally given permanent resident status. After you’ve been married for a certain period of time, you and your spouse will apply together to remove the conditions of residence using Form I-751, Petition to Remove the Conditions of Residence. After a successful removal of conditions, your foreign spouse will become an official green card holder.

What can immigration lawyers do for your marriage based green card?

An immigration lawyer at Xu Law Group can help with your green card marriage application, forms, documents, supporting evidence, interview preparation, and receive government agency notices on your behalf, and ensure your green card petition happens smoothly. We guide the couple through the labyrinth of legal procedures, ensuring every document is correctly filed and every deadline met. Our expertise helps in navigating complex immigration laws, dealing with potential issues such as past visa overstays or criminal records. We can also represent the couple in interviews with immigration officials, providing reassurance and support in what can often be a stressful process. Thus, an immigration lawyer's role is pivotal in the marriage green card process, as they facilitate a seamless path towards legal residence. Immigration law can be confusing. Consult our experienced immigration lawyer today to start your green card journey.

About the Attorney:

Toni Xu is an experienced immigration attorney who represents international couples and their loved ones.