What is the process for obtaining a green card through marriage to a US citizen?
Green Card through Marriage to a U.S. Citizen
Establishing the Marriage:
In order to qualify for a green card through marriage to a U.S. citizen, the first step is to establish the validity of the marriage. While it is possible to obtain a green card through marriage to a legal permanent resident, the process can take much longer and may have different requirements. To establish the marriage, you must provide evidence that the marriage is valid and was not entered into for the purpose of obtaining immigration benefits. Some of the evidence that could be used to establish a valid marriage includes:
- Marriage certificate
- Joint financial statements
- Photos of the couple together
- Evidence of joint travel
- Statements from friends and family members who know the couple and can attest to the validity of the marriage
Obtaining the Green Card:
Once the marriage has been established, the next step is to obtain the green card. The process for obtaining the green card involves two main parts:
- Applying for Adjustment of Status
- Attending an Adjustment of Status interview
Applying for Adjustment of Status:
The U.S. citizen spouse will need to submit a Form I-130, Petition for Alien Relative, on behalf of their spouse. This form establishes the relationship between the petitioner and beneficiary and is used to show that the beneficiary is eligible for an immigrant visa. Once the Form I-130 has been approved, the beneficiary will be able to submit a Form I-485, Application to Register Permanent Residence or Adjust Status, to request that their status be adjusted to that of a lawful permanent resident.
In addition to the Form I-130 and Form I-485, the beneficiary will need to submit a variety of supporting documents including:
- Proof of identity
- Marriage certificate
- Medical exam
- Police clearance certificate
- Employment authorization document
Attending an Adjustment of Status Interview:
Once the application has been submitted, the beneficiary will be scheduled for an interview with a USCIS officer. During this interview, the officer will ask questions about the relationship and the application. It is important to be honest and truthful during the interview and to bring any additional evidence that might be helpful.
Limitations and Considerations:
It is important to note that obtaining a green card through marriage to a U.S. citizen can be a complex and difficult process. There are many factors that can impact the success of the application, including the couple's history and background, any previous immigration violations, and other personal circumstances. Additionally, the process can be affected by changes to immigration laws or policies, making it uncertain at times. It is important to consult with a qualified immigration attorney for specific guidance and advice related to an individual's situation.