Green Card Application Process for Spouse after Marriage

If you and your spouse plan to live in the United States permanently, the next big step may be applying for a marriage-based green card.

What is a green card for marriage?

A marriage-based green card allows a U.S. citizen or green card holder’s spouse to reside and work in the United States. After three years, a green card holder can apply for citizenship and become a citizen. A foreign national’s immigration status is not determined solely by their marriage.

However, a foreign national’s marriage to a U.S. citizen or permanent resident qualifies them for immigration advantages such as a green card. A green card based on marriage can be one of the most expedient ways to gain permanent residency.

Marriage Green Card via Adjustment of Status

Some people already in the U.S. may be eligible to apply for a marriage green card without leaving. In the United States, applying for permanent residence is called an adjustment of status.

Eligibility to Change Your Spouse’s Status

A spouse must normally complete all of the following requirements to change status to permanent resident:

• Lawful marriage to the U.S. citizen petitioner (from any nation).
• An immigrant visa must be available at the time.
• To enter the United States legally, you must first obtain a visa.

Making an application for a change of status

An application for adjustment of status is a collection of numerous papers and supporting documentation that the applicant submits to U.S. Citizenship and Immigration Services (USCIS).

• I-485, Application to Register Permanent Residence or Adjust Status.
• I-130, Alien Relative Petition.
• I-130A, Spouse Beneficiary Supplemental Information.
• Affidavit of Support, Form I-864.
• I-693, Medical Examination Report, and Vaccination Records.
• I-765, Employment Authorization Application (optional).
• I-131, Travel Document Application (optional).

Marriage Green Card through Consular Processing

You can obtain a green card for your marriage. Those who cannot modify their status as mentioned above must apply for permanent residency through the consular procedure. This is the procedure for obtaining a green card outside of the U.S. For most immigrants, this is the most common route.

Filing a Petition for a Spouse:

The consular processing path begins with submitting a petition to USCIS by a U.S. citizen or permanent resident. The following forms are typically included in a marriage-based petition:

• I-130, Alien Relative Petition.
• I-130A, Spouse Beneficiary Supplemental Information.

Bona Fide Marriage

One of the simplest ways to become a permanent resident in the United States is to apply for a green card based on your marriage. Listed below are some acceptable forms of evidence for proving your marriage’s legitimacy:

• Documents demonstrating financial co-mingling include combined bank accounts, credit card transactions, tax returns, insurance policies, home mortgages, and other loans.
• Documents demonstrating joint property ownership, such as a house or car title.
• A lease demonstrating joint tenancy of a common home.
• Certificates of birth for any children born to the couple.
• Third-party affidavits swearing or affirming the man’s bona fides.
• Third-party affidavits were sworn to or affirmed by third parties firsthand.
• Knowledge of the marital relationship’s bona fides.

Entered the United States through legal means that have now expired.

A Customs and Border Protection (CBP) officer normally scrutinizes those who have lawfully entered the United States at a port of entry, such as an airport, seaport, or border crossing. One of the following would have been used by the individual:

Valid non-immigrant visa (such as a tourist, student, or temporary labor visa); Advance parole; Border crossing card; or Visa Waiver Program.

Entered the U.S. without any visa:

Individuals who have entered the country illegally to marry and obtain a green card. However, this is a complicated procedure that necessitates a careful examination by an experienced immigration attorney. 

There are several dangers involved. If the provisional waiver fails, the foreign spouse may be denied entrance to the United States. As a result, anyone in this scenario should seek the advice of an experienced immigration attorney before completing any USCIS papers.

Green Cards for Same-Sex Couples Based on Marriage

LGBTQ couples who are already married can use the same immigration processes as any other opposite-sex married couple in the United States. However, for immigration reasons, only a connection that is legally recognized marriage in the jurisdiction where it occurred qualifies as a spouse.

In every jurisdiction on the planet, gay people are unable to “legally” marry. You can utilize the same procedures outlined in the previous sections of this page if the marriage is legal in the state, province, or nation where it took place.

Call Gehi & Associates today to schedule a FREE consultation appointment with an immigration attorney. We are always here to help you in your immigration and naturalization Process. For any Immigration related advice:

Contact us at 718-263-5999