Marriage-Based Green Card Application: Step-by-Step Process
Eligibility for a Marriage-Based Green Card
Are you presently married to, or contemplating marriage with, a U.S. citizen or lawful permanent resident? You may qualify for a green card through spousal sponsorship.
Overview of the Process
To secure a marriage-based green card, a U.S. citizen or permanent resident spouse must submit Form I-130, designating you as the beneficiary. A successful application allows you to:
- Live and work in the U.S.
- Travel freely in and out of the country
- Attend U.S. schools
- Eventually apply for U.S. citizenship
Important Considerations
Securing a green card through marriage requires careful attention to multiple requirements and steps. Failure to comply can result in delays or denial.
Key Differences
Requirements vary depending on whether you’re marrying a U.S. citizen or permanent resident.
Steps to Success
To navigate the process, follow these key steps:
- Determine Eligibility
- File a Petition for Alien Relative (Form I-130)
- Meet Additional Requirements (to be discussed)
- Attend Interviews and Biometrics Appointments (if required)
- Receive Approval and Obtain Green Card
Stay Informed, Stay Prepared
Understanding the marriage-based green card process is crucial. This guide provides essential information to help you navigate the application process successfully.
Advantages of Obtaining a Green Card Through Marriage
Marriage-based green card holders enjoy numerous benefits, including:
- Unrestricted U.S. Residence and Employment: Live and work anywhere in the United States.
- Simplified Status Adjustment: Eligible for status adjustment in the U.S., regardless of visa overstay or expiration.
- No Employer Sponsorship Required: No need for a U.S. company-sponsored job offer.
- Freedom to Travel: Unrestricted travel in and out of the U.S.
- Family Benefits: Unmarried children under 21 qualify for derivative green cards.
- Future Sponsorship Opportunities: Sponsor relatives once you become a U.S. permanent resident.
- Access to U.S. Education: Attend U.S. schools and explore educational opportunities.
Requirements for a Marriage-Based Green Card
Requirements vary depending on whether you’re marrying a U.S. citizen or lawful permanent resident. Key differences are highlighted below.
General Requirements
- Valid Marriage: The marriage must be legitimate, recognized, and legal in the place of occurrence, with the intention to build a life together. No sham marriages or violations of U.S. law (e.g., incest, multiple spouses).
- Minimum Income: The U.S. citizen or lawful permanent resident spouse must meet 125% of the federal poverty level income requirement, signing an affidavit of support. Alternatively, a joint sponsor can be used.
- No Inadmissibility: The applicant must not fall under any of the 10 inadmissibility categories (health, criminal background, prior removals, etc.).
- Form I-130 Filing: File Form I-130 with USCIS and obtain approval.
- Adjustment of Status or Consular Processing: Complete required processes (detailed below).
Adjustment of Status Requirements (U.S. Citizen/Lawful Permanent Resident)
- Lawful U.S. entry
- Physical presence in the U.S. during I-485 filing
Additional Requirements for Lawful Permanent Resident Spouses
- Visa availability
- No unlawful U.S. work
- No unlawful presence
- No entry through the visa waiver program
Consular Processing Requirements (U.S. Citizen/Lawful Permanent Resident)
- Medical examination
- Consular interview
Additional Requirements for Lawful Permanent Resident Spouses
- Visa must be available at the time of application
Important Note:
Ensure compliance with all requirements to avoid delays or denial.
If you have any further questions, please don’t hesitate to reach out to us at matif@atiflawfirm.com. We’re here to help!