Who is eligible to apply for a marriage green card?
Eligibility for a marriage green card, also known as a marriage-based green card or spouse visa, is based on the marital relationship between a U.S. citizen or lawful permanent resident (LPR) and a foreign national. To be eligible to apply for a marriage green card, the following criteria must generally be met:
- Legally Married: The couple must be legally married, and the marriage must be recognized as valid in the country where it took place. Common-law marriages may also be recognized if they are valid in the state where they were established.
- S. Citizen or LPR Sponsor: The sponsoring spouse must be either a U.S. citizen or a lawful permanent resident (green card holder).
- Valid Marital Relationship: The marriage must be bona fide and not entered into solely for the purpose of obtaining immigration benefits. Both spouses must demonstrate that they have a genuine marital relationship, with a shared life together as a married couple.
- No Legal Barriers: The foreign spouse must not have any grounds of inadmissibility, such as criminal history, immigration violations, or certain health-related issues.
- No Immigration Fraud: The couple must not have engaged in any immigration fraud or misrepresentation during the application process.
It’s essential to note that same-sex marriages are also eligible for marriage-based green cards as long as they meet the same eligibility criteria as opposite-sex marriages.
Additionally, there are specific rules and requirements for couples who have been married for less than two years at the time of green card approval. These couples will receive a “conditional” green card, which is valid for two years. They must apply to remove the conditions during the 90-day period before the card expires to obtain a regular (permanent) green card.
The process of obtaining a marriage green card can be complex, and eligibility criteria may vary based on individual circumstances. If you are considering applying for a marriage green card, it’s advisable to consult with an experienced immigration attorney or accredited representative for personalized guidance and assistance with the application process.
What immigration forms do I need to file to apply for a marriage green card application?
To apply for a marriage-based green card, you will need to file several immigration forms, depending on your specific circumstances. The required forms can vary based on whether you are applying from within the U.S. (adjustment of status) or from abroad (consular processing). Here are the primary forms you may need to file:
If you are applying from within the U.S. (Adjustment of Status):
- Form I-130, Petition for Alien Relative: This form is filed by the U.S. citizen or lawful permanent resident spouse to establish the qualifying relationship with their foreign spouse.
- Form I-485, Application to Register Permanent Residence or Adjust Status: This form is used to apply for a green card and adjust status to that of a lawful permanent resident. You file this form together with the I-130 petition if the foreign spouse is already in the U.S.
- Form I-765, Application for Employment Authorization: This form is used to apply for an Employment Authorization Document (EAD) or work permit, which allows the foreign spouse to work legally in the U.S. while the green card application is pending.
- Form I-131, Application for Travel Document (Advance Parole): This form is used to apply for permission to travel outside the U.S. and return while the green card application is pending. If the foreign spouse leaves the U.S. without Advance Parole while the adjustment of status application is pending, the application may be considered abandoned.
If you are applying from abroad (Consular Processing):
- Form I-130, Petition for Alien Relative: The U.S. citizen or lawful permanent resident spouse must file this form with the USCIS to establish the qualifying relationship.
- DS-260, Immigrant Visa Electronic Application: This is an online form submitted through the Consular Electronic Application Center (CEAC). The foreign spouse will use this form to provide their personal and background information to the U.S. Department of State.
- Various Supporting Documents: In addition to the forms, you will need to provide various supporting documents, such as birth certificates, marriage certificates, police certificates, medical exams, financial evidence, and more.
It’s important to carefully follow the instructions for each form and submit all required documents accurately to avoid any delays in the application process.
Please note that immigration regulations and required forms may change, so always check the official U.S. government websites or consult with an experienced immigration attorney for the most up-to-date information and guidance on filing your marriage green card application.
What documents are required for a marriage green card application?
When applying for a marriage green card, you will need to submit a variety of supporting documents to prove the legitimacy of your marriage and demonstrate eligibility for the green card. The specific documents required can vary depending on whether you are applying from within the U.S. (adjustment of status) or from abroad (consular processing). Here is a general list of the documents you may need to include in your marriage green card application:
For Adjustment of Status (Applying from within the U.S.):
- Form I-130, Petition for Alien Relative: Include the approved Form I-130, filed by the U.S. citizen or lawful permanent resident spouse to establish the qualifying relationship.
- Form I-485, Application to Register Permanent Residence or Adjust Status: Include the completed Form I-485, which serves as the application for a green card and adjustment of status.
- Form I-864, Affidavit of Support: This form is completed by the sponsoring spouse (U.S. citizen or green card holder) to demonstrate their financial ability to support the intending immigrant.
- Form I-765, Application for Employment Authorization: Include this form if the foreign spouse wants to apply for an Employment Authorization Document (EAD) or work permit.
- Form I-131, Application for Travel Document (Advance Parole): Include this form if the foreign spouse wants to apply for permission to travel outside the U.S. and return while the green card application is pending.
- Passport-style photos: Provide passport-sized photos of both spouses as per USCIS specifications.
- Identity Documents: Include copies of government-issued identification documents, such as passports, birth certificates, and driver’s licenses.
- Marriage Certificate: Submit a copy of your valid marriage certificate.
- Evidence of a Genuine Marriage: Provide documents showing that your marriage is bona fide and not solely for immigration purposes. This may include joint financial documents (bank accounts, tax returns), evidence of cohabitation (lease agreements, utility bills), photos together, affidavits from friends and family, and other proof of a shared life.
- Proof of Termination of Prior Marriages (if applicable): If either spouse was previously married, provide divorce decrees or death certificates to show the previous marriage has ended.
For Consular Processing (Applying from Abroad):
- Form I-130, Petition for Alien Relative: Include the approved Form I-130, filed by the U.S. citizen or lawful permanent resident spouse.
- DS-260, Immigrant Visa Electronic Application: Include the completed DS-260 form, which is an online application submitted through the Consular Electronic Application Center (CEAC).
- Passport-style photos: Provide passport-sized photos of both spouses as per U.S. Department of State specifications.
- Marriage Certificate: Submit a copy of your valid marriage certificate.
- Evidence of a Genuine Marriage: Include documents showing the authenticity of your marriage, as mentioned above.
- Police Certificates: Provide police certificates from all countries where the foreign spouse has lived for six months or more since the age of 16.
- Medical Examination: Undergo a medical examination by an approved physician and provide the required medical documentation.
- Proof of Termination of Prior Marriages (if applicable): If either spouse was previously married, provide divorce decrees or death certificates as applicable.
Keep in mind that this is a general list, and the specific documents required may vary based on individual circumstances. Always follow the instructions provided by USCIS or the U.S. Department of State and consult with an immigration attorney or accredited representative for personalized guidance on assembling your marriage green card application package.
