Marriage is not only a significant personal commitment but also an important legal and bureaucratic process when it involves partners from different countries. A marriage green card allows the non-citizen spouse of a United States citizen or permanent resident to live and work anywhere in the United States. We refer to this as obtaining lawful permanent resident status, which is a critical step towards building a life together in the U.S.
Obtaining a marriage green card is a multi-step process that requires careful navigation of U.S. immigration laws. We must provide proof of a bona fide marriage, which means the marriage is genuine and not just for the purpose of obtaining immigration benefits. The process can vary whether we are applying from within the United States or from abroad, and it involves extensive documentation and potential interviews. Learn more about marriage green card
Our understanding of the process is crucial for successful navigation through the complexities of immigration paperwork and legal requirements. We need to be aware of the different forms, fees, and timelines involved. The outcome not only affects the residency status of the non-citizen spouse but also has lasting implications for our family’s future.
Eligibility Requirements
We must ensure that specific conditions are met for eligibility when applying for a marriage green card. The following criteria are detailed under separate subsections.
Legal Requirements for Marriage
Marriage Legality: Our marriage must be legally recognized by the government where it took place. We must provide a valid marriage certificate.
Validity of Marriage: The marriage cannot be polygamous or fraudulent. The intent must be to establish a life together, and any previous marriages must have been legally terminated.
Immigration Status of Spouse
U.S. Citizen or Permanent Resident: Our spouse must be either a U.S. citizen or a lawful permanent resident (Green Card holder).
Proof of Status: Documentation such as a birth certificate, naturalization certificate, or permanent resident card must be provided to verify our spouse’s status.
Financial Stability and Support
Affidavit of Support: We must demonstrate the ability to financially support ourselves, as our sponsoring spouse will complete an Affidavit of Support (Form I-864) to meet this requirement.
Income Requirements: Our household income must be at least 125% of the Federal Poverty Guidelines to ensure that we will not rely on public assistance.
Application Process
The application process for a marriage green card involves completing required forms, providing necessary documentation, undergoing an interview, and adhering to the conditional residency requirements if applicable.
Forms and Documentation
We must initially file Form I-130, Petition for Alien Relative, which establishes the marital relationship. Upon approval, Form I-485, Application to Register Permanent Residence or Adjust Status, is required for the spouse seeking a green card. Documents to accompany these forms typically include:
- Evidence of the U.S. citizen’s status (e.g., birth certificate, passport)
- The foreign spouse’s birth certificate
- Marriage certificate
- Financial support evidence (Form I-864, Affidavit of Support)
- Two passport-style photos of each spouse
Visa Interview and Approval
Once we submit the forms and documentation, the foreign spouse will be scheduled for a visa interview at a U.S. consulate or embassy. At the interview, we must provide:
- The original documents previously submitted
- A completed medical examination (Form I-693)
The interviewer’s main goal is to assess the authenticity of the marriage. We should prepare to answer personal questions about our relationship.
Conditional Permanent Residency
If our marriage is less than two years old at the time of approval, the foreign spouse will be granted conditional permanent residency. This status lasts for two years, and within the 90-day period before it expires, we must file Form I-751, Petition to Remove Conditions on Residence. This requires us to prove that our marriage was entered in good faith and consisted of:
- Joint bank account statements
- Lease or mortgage agreements in both names
- Birth certificates of children born to the marriage
- Affidavits from friends and family corroborating the relationship
