Green Card through Marriage
Are you interested in getting a US Green Card? One option is through marriage. In this blog, our US Immigration Solicitors look at how you can secure a Green Card through marriage.
US Immigration Solicitors
For US immigration advice call OTS Solicitors on 0203 959 9123 or contact us online.
How do you get a Green Card through marriage?
You may be eligible to get a Green Card through marriage if you are either married to a US citizen or to a US permanent resident.
To qualify you need to:
- Meet the general eligibility criteria for admission to the US
- Be in a genuine relationship – it can't be a sham marriage entered into to get a Green Card
- Have a spouse who can meet the financial support requirement by demonstrating their ability to support you financially. Your spouse will need to submit an affidavit of support (Form I-864)
As US Immigration Solicitors we are experienced in proving that Green Card applicants meet these criteria. We will discuss your planned Green Card application and your circumstances and work out what evidence best proves that you are in a loving relationship. For example, utility bills or bank statements may show that you have been living together as a couple in the run-up to your application.
If you are worried about the general eligibility criteria our US Immigration Lawyers can talk to you about whether a criminal conviction or previous immigration problem is likely to create an issue for you and what you can do about it, including alternate options and advice on the timing of your Green Card application.
Applying for a Green Card through marriage
You can apply for your Green Card through marriage if you are in the US or overseas but the process differs.
If you are already in the US your husband or wife files Form 1-130. This is the petition for alien relative. That petition must be approved before you can take the next step in the Green Card application process. Once you have approval you, as the Green Card applicant, need to file Form 1-485. This form is to apply to register permanent residence or adjust status.
If you are applying for a Green Card through marriage from outside the US you still need your spouse to file Form 1-130 and then await approval. Your application is then dealt with at the relevant US embassy or consulate with you submitting your supporting paperwork and undergoing a medical.
Whether you are applying from the US or overseas you may be asked to attend an interview – either with a USCIS officer in the US or at an embassy or consulate if overseas. The purpose of the interview is for officials to be satisfied that your application and marriage are genuine and not a means to an end.
The processing time can take months, sometimes longer. The timing depends on where you are applying for your Green Card from as well as how busy the authorities are and if you have put together a compelling application with the help of your US Immigration Solicitors.
Paperwork needed for a Green Card application
Our Green Card Attorneys emphasise how important it is to get the right paperwork together before you submit your application. Not only does this give you the best chance of securing your Green Card it can also speed up the application process.
Expect your Immigration Solicitors to ask you for lots of documents, such as:
- Your marriage certificate
- Your birth certificate
- Evidence of divorce if you have been married before
- Evidence that a previous spouse has passed away if you are a widow or widower
- Evidence that your husband or wife is either a US citizen or has permanent residence
- Genuine relationship documents such as your lease or mortgage paperwork as evidence that you have been living together or other evidence of the quality of your relationship, such as photos, evidence of time spent together or statements. What amounts to the best evidence of the genuineness of your relationship will depend on your circumstances
- Evidence that your spouse meets the financial requirement
Financial support and the Green Card application process
Your US citizen spouse or permanent resident of the US will need to show that they can support you financially by lodging an affidavit of support (Form I-864). This affidavit is important as it legally binds your spouse (if necessary) to provide financial support to you as the Green Card applicant.
To qualify to give financial support your spouse must have an income at or above 125% of the federal poverty guidelines for their household size. Evidence will need to be filed to back up the information in the affidavit. For example, wage slips or confirmation of employment.
If you are worried that your spouse may not meet the financial requirement there are other options, such as a joint sponsor. Ask our US Immigration Solicitors to talk through the options with you.
To ensure that you do not become a financial burden to the US authorities your spouse’s financial commitment continues until you either get US citizenship or you have worked for around ten years. The financial commitment they give in their affidavit doesn’t end with divorce.
Working in the US while waiting for your Green Card through marriage
With long processing times for a Green Card through marriage, it is important to know if you can work in the US whilst your application is processed.
US Immigration Attorneys say you can work provided you follow the correct procedure. Once your Form I-485 application is submitted, you can apply for an Employment Authorization Document or EAD.
An EAD allows you to work while waiting for your Green Card so it is best to apply for your EAD as soon as you are allowed to do so.
Is a Green Card through marriage permanent?
How long your Green Card through marriage lasts depends on the length of your marriage.
If you have been married for less than two years when you get your Green Card your card is conditional and valid for two years. You must file Form 1-751 within 90 days of the Green Card expiry date to maintain your status.
If your marriage is over two years old when your Green Card is granted your card is valid for ten years and is not conditional. You will need to renew your card every ten years by filing Form I-90.
If you do not fill in Form 1-751 or Form 1-90 by the deadline for renewal you jeopardise your immigration status so it is vital to keep your Green Card dates diarised up.
US citizenship after Green Card through marriage
When you get a Green Card through marriage you can apply for US citizenship after three years of permanent residence. There are other eligibility criteria you must meet, such as having lived with your spouse in the US (some absences from the US are allowed under the immigration rules) or being of good character.
Appealing a Green Card refusal
If your application is refused you may be able to appeal the decision by filing an appeal with the Administrative Appeals Office or you may be able to submit a motion to reopen or reconsider your case. Your Green Card Immigration Solicitors can advise on the best route for you as it depends on why your application was refused. For example, a motion to reopen allows you to present new evidence or paperwork that was not available when you first submitted your application. A motion to reconsider should be used if you think the official misread your paperwork or made an error in applying the rules to your application.
London-based OTS Solicitors can help you with your Green Card
The Immigration Lawyers at OTS Solicitors are immigration law experts specialising in US visas and Green Cards. We have the experience to assist you with your Green Card through marriage application whether you are based in the UK, US or anywhere across the globe.
US Immigration Solicitors
For US immigration advice call OTS Solicitors on 0203 959 9123 or contact us online.
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