Green Card Based on Marriage

In this blog, our US Immigration Lawyers look at how you can get a Green Card by marriage to a US citizen.

Getting a Green Card is a bit like winning the lottery. If you want a Green Card, it's best to speak to a Green Card and US Visa Lawyer in London. They will advise you on the marriage-based Green Card requirements and give you tips on interview preparation that are tailored to your circumstances.

US Immigration and Marriage Green Card Lawyers UK  

For US immigration advice call OTS Solicitors on 0203 959 9123 or contact us online. Appointments are available for phone, Zoom or Skype consultations or at our offices in London.

Marriage-based Green Card requirements

The marriage-based Green Card requirements are:

1. Marriage – you are married to a US citizen or permanent resident
2. Relationship – you are in a genuine relationship with your husband or wife
3. Financial - your spouse meets the financial support requirement
4. General – you meet the general eligibility criteria

Most Green Card applicants are worried about some aspect of the eligibility criteria. For example:

• Worried that USCIS will think the marriage is a sham if they haven’t been married for long or if they have spent periods apart from their spouse
• Concerned about a prior conviction or previous visa refusal
• Worried about past historical drug usage and how that affects US immigration applications

An experienced US Immigration Attorney can answer all your questions on marriage-based Green Card eligibility criteria and how the criteria apply to your circumstances.

How to apply for a marriage Green Card

How you apply for your marriage Green Card depends on whether you are applying from within the US or overseas.

Applications from within the US are made by:

1. Filing Form 1-130 petition for alien relative – the form is completed by your sponsoring spouse. The petition must be approved by USCIS before you can move to stage two of the process
2. Filing Form 1-485 - this form is to apply to register permanent residence or to adjust status. It must be completed by you as the Green Card applicant

Applications from outside the US are made by:

1. Filing Form 1-130 petition for alien relative – the form is again completed by your sponsoring spouse and must be approved. If USCIS approves the petition the application is sent to the National Visa Center (NVC)
2. Await Form I-797 notice of action from USCIS as without this you can't proceed with your application. The notice of action means the petition has been approved and you are allocated an immigrant visa number. There may be a delay between stages one and two because of visa limits. Depending on your home country, it can take around six to ten months but specialist US visa legal services can provide you with more accurate information based on your home country and circumstances
3. Filing Forms DS-261 and DS-260 – once you have your visa number from NVC you can file these forms so NVC can consider your application and decide if you qualify for an interview
4. DS-260 confirmation page – if the NVC pass you as suitable for an interview you must print off the confirmation page. This page needs to be taken to the interview
5. Filing Form I-864 affidavit of support with the NVC. The NVC will consider the form and supporting paperwork and tell you if extra documents are required. The affidavit is from your spouse and explains how they can support you financially
6. Medical and biometrics appointments - medical examination by an approved doctor and a separate appointment at a visa support center for fingerprints and a photo to be taken
7. Consular interview – also known as the Green Card interview. After a successful consular interview, you then wait for your Green Card to arrive

Green Card through marriage to a US citizen

Securing a Green Card through marriage to a US citizen or permanent resident is a lengthy process. The procedural steps involve submitting documents to USCIS  when filing the petition.

With the Form 1-130, you need to provide:

1. Copy of your marriage certificate
2. Copies of any relevant divorce orders or death certificates if you have been divorced or widowed before your current relationship
3. Photographs (passport style) for you and your sponsoring spouse
4. Any change of name documents, such as a UK deed poll

Your US citizen or permanent resident spouse must also provide evidence of their status. If your husband or wife is a US citizen this means providing USCIS with one of these documents:

• A copy of their valid US passport or
• A copy of their US birth certificate or consular report of birth abroad or
• A copy of their naturalization certificate or certificate of citizenship

Spouses who are permanent residents must prove immigration status with either a copy (front and back) of their Green Card or a copy of their non-US passport if it has a stamp showing temporary evidence of permanent US residence.

Marriage-based Green Card interview preparation

Many marriage-based Green Card applicants are nervous at the thought of being interviewed about their relationship. US Immigration Lawyers understand that the interview is a worry because your relationship is being put under the spotlight and examined by a stranger. What's worse is that the stranger has the power to refuse your application based on their perceptions of you in a one-off interview.

It’s essential to prepare for your Green Card interview by:

1. Gathering all the documents you need to take to the interview and familiarising yourself with the contents so you can easily refer to them when asked questions
2. Re-read your application so you don’t say anything in the interview that’s inconsistent with what was said in your application
3. Make some briefing notes if you know you are terrible at remembering dates and times
4. Get an experienced US Immigration Attorney to conduct a mock interview with you so you know the sort of questions to expect and how the interview will be conducted
5. Check the interview date and time and work out travel plans so you can arrive early to get through the security procedures at the location
6. Work out what you are going to wear to the interview – smart is best rather than a just off-the-beach look
7. Prepare to be questioned by an official who will be asking personal questions – if you are naturally reticent or defensive it's best to work on this before the interview. Equally being seen as overly gushing or effusive isn’t the best approach to securing your Green Card
8. Understand that an official may want to focus on some aspects of your relationship that raise red flags for them, such as a short courtship as your family introduced you to your partner. Work out how to explain any cultural or other reasons for things that may be a red flag to a USCIS official but are the cultural or societal norm for you

Some Green Card applicants and their spouses just roll up for the interview with no preparation. Others do too much interview preparation so answers to questions appear stilted and rehearsed - even though their relationship is loving and genuine. A US visa and Green Card lawyer UK can help you strike the right balance in interview preparation.

Marriage Green Card lawyer for UK citizens

If you need a marriage-based Green Card our top US visa lawyers in London are experienced in helping applicants across the globe, particularly the UK and Ireland, to secure their US visas and Green Cards.

All our top US visa lawyers in London provide clear expert legal assistance for US immigration and advice you can trust. We work with you to help you achieve your goal of enjoying family life in the US.

Immigration Lawyers for US visas in London

For legal assistance for US immigration call OTS Solicitors on 0203 959 9123 or contact us online. Appointments are available for phone, Zoom or Skype consultations or at our offices in London.

Related Posts

The US (I) Media Visa for UK and Global Journalists and Media

The O1 Visa and EB1 US Visa for Professionals

US Visa Applications and Criminal Waiver of Inadmissibility

OTS Solicitors Celebrates its Inclusion in the 2024 Chambers Guide to the Legal Profession

Immigration Law Firm 2024

UK Visa Opportunities for US Citizens Wanting to Work or Set up a Business in the UK