Are you a US citizen or permanent resident looking to marry someone from another country? If so, then Congratulations, love birds! But before this brand new chapter of your lives unfolds, there are some important things to set straight first. One of those things is planning for your spouse’s marriage based green card. The process can seem daunting and overwhelming at times. That’s where our experienced immigration attorneys come in. We will guide you through every step of the way. We have helped countless couples get their marriage green cards and we can help yours too!
What is a Marriage Green Card?
A foreign national needs government permission to live and work in the United States. Typically permission is granted through a temporary VISA at first, then through permanent residency (green card). There are many ways to get a green card. Marrying a U.S. citizen or a green card holder is one of the fastest ways to obtain permanent residency in the United States.
To get the process started, the U.S. citizen or green card holder (called a “Petitioner” or “Sponsor”)submits an application on behalf of the foreign spouse (called a “Beneficiary”). If the Beneficiary is already in the U.S., the petition is filed to the USCIS, and the process is called “Adjustment of Status.” If the foreign spouse is not in the U.S., the petition is filed to the USCIS, then transfered to the National Visa Center, and then again transfered to the foreign consulate in the country where the Beneficiary resides, and the whole process is called “Consular Processing.”
During the application, both the U.S. citizen petitioner and the foreign spouse beneficiary have to provide lengthy supporting documents showing that the marriage was real (bona fide), any previous marriages were terminated, and that the petitioner/sponsor has enough financial resources to sponsor the foreign spouse’s life in the United States. The standard used for evaluating a petitioner’s income is 125% of the federal poverty line (official data), or a showing of sufficient assets. If a petitioner is unable to meet these guidelines, then a joint sponsor is often required.
Who Can Apply for Marriage Green Cards?
The spouse of a U.S. citizen and the spouse of a Permanent Resident are eligibly for marriage based green cards.
Spouses of U.S. citizens are not subject to any quota systems. This means, there are always green card availability for spouses of U.S. citizens.
Spouse of green card holders are not as lucky. They will be subject to a preference based quota system, and have to wait for their turn in the green card waiting game.
As of January 2021, the visa bulletin for spouses of green card holders (F2A) is current for all national origins. We recommend filing for a green card soon to take full advantage of the current visa bulletin. Contact our office to start the application process.
Types of Marriage Green Card Applications:
There are two main types of marriage green card applications. If the foreign spouse is physically in the U.S., then the process is called an Adjustment of Status — adjusting from another immigration status to permanent residency. If the foreign spouse is outside the U.S., then the process is completed via an interview at the foreign consulate. Regardless of the type of applications, the entire process mainly contain 4 stages: establishing your marriage’s validity, applying for a green card, completing an interview with the USCIS, and removing the conditional green card status.
1. Adjustment of Status
Adjustment of Status is the process of applying for permanent residence in the United States. This option is only available to someone who is applying within the United States. An adjustment of status application typically consists of the following forms (and their required evidence).
- Form I-130
- Form I-130A
- Form I-485
- Form I-864
- Form I-765
- Form I-131
- Form I-944 (No longer needed as of March 2021)
2. Consular Processing
Applicants who are either physically outside the U.S. or cannot adjust the status as explained above will need to apply via consular processing at a U.S. consulate abroad.
A consular processing application is a complex multi-stage process that typically consists of the following forms and supporting documents (and their required evidence).
- Form I-130
- Form I-130A
- DS-260
- Form I-485
- Form I-864
- Form I-765
- Form I-131
- Form I-944 (No longer needed as of March 2021)
3. Removal of Conditions
If you’ve been married for less than 2 years while your spouse is granted permanent resident status, your spouse is conditionally given permanent resident status. After you’ve been married for a certain period of time, you and your spouse will apply together to remove the conditions of residence using Form I-751, Petition to Remove the Conditions of Residence. After a successful removal of conditions, your foreign spouse will become an official green card holder.
Final thoughts:
When your spouse gets their green card, they will be able to live and work in the U.S., which means no more worrying about whether or not they are allowed back into the country after traveling abroad, or worrying about violating their visa status while taking on jobs. A few years later, they will also be able to apply for citizenship if they want to become an American citizen, and sponsor their family abroad for green cards as well! It’s such a relief knowing that our team has got this handled for you, so all you have to do is sit back and relax while we take care of everything else!
Looking for legal help? Contact Xu Law Group now by giving us a call at 917.259.0858.
About the author
Toni Xu runs a legaltech startup and practices law in New York city. When she’s not working, Toni enjoys downloading information to her brain from books, games and other people.
Originally published at Xu Law Group.
