Green Card Through Marriage: A Comprehensive Guide

Can I Get a Green Card Based on Marriage?

Yes, you can obtain a Green Card based on marriage to a U.S. citizen or Green Card holding spouse. To achieve this, your U.S. citizen or lawful permanent spouse must sponsor you, and you must complete thorough documentation and undergo a medical examination. Depending on your location, you will either adjust your immigration status within the U.S. or apply for an Immigrant Visa to enter the U.S.. In many cases, seeking the assistance of a Green Card based on marriage lawyer in NYC may be essential for a successful and delay-free application. Of course, the beneficiary will have to show that they are admissible based on a number of factors such as proving that they have not committed immigration fraud, or committed any serious crimes.

Understanding the Green Card

A Green Card, officially known as a Permanent Resident Card, signifies an individual's attainment of permanent residency status in the United States. Possessing an unconditional Green Card allows you to live and work in the U.S. indefinitely, and you can even apply for U.S. citizenship after a designated period. 

The Green Card Based on Marriage Process

• Form I-130 Petition: The initial step in obtaining a Green Card through marriage involves the U.S. citizen spouse filing Form I-130, Petition for Alien Relative. This form confirms the legal marriage and the intent to sponsor the non-U.S. spouse for a Green Card through marriage. Since you are considered the immediate relative of your spouse, you won't have to wait for a visa number to become available before obtaining permanent residence.

• Form I-485 Adjustment of Status: Simultaneously, the non-U.S. spouse should submit Form I-485, also known as the Adjustment to Register Permanent Residence or Adjust Status. This form seeks permanent residency based on the marital relationship with a U.S. citizen. Filing both of these documents correctly may necessitate the assistance of an immigration lawyer.  Since you are considered the immediate relative of your spouse, you won't have to wait for a visa number to become available before obtaining permanent residence as opposed to if the sponsor is a Green Card holder–these people have to wait until the F2A visa category is current in the visa bulletin before applying for your Adjustment of Status. The foreign national spouse in the latter category must also be in status at the time of filing. 

• Please note that you must remain in the U.S. until the Green Card approval process is completed. Leaving the U.S. during this process without Advance Parole can lead to complications.

• Biometric Services and Interview: Biometric appointments are mandatory, and both spouses are subject to an interview to establish the legitimacy of the marriage. Be prepared to answer questions regarding your relationship and provide evidence of shared life.

What are the Forms and Supporting Documents Required for a Green Card Based on Marriage?

A marriage-based Green Card application typically requires a range of documents and forms, depending on if you are adjusting status here in the U.S. or proceeding with consular processing via a U.S. consulate abroad including:

• Form I-130 petition

• Form I-485 application for adjustment of status

• Form I-130A, Supplemental Information for Spouse Beneficiary (filled out by the non-U.S. spouse)

• Medical examination report (Form I-693, Report of Medical Examination and Vaccination Record)

• Form I-864, Affidavit of Support

• Birth certificate

• Marriage certificate

• Copy of passport pages

• Proof of termination of prior marriages (divorce, annulment or death certificates)

• Financial documents to prove self-sufficiency

• Proof of lawful U.S. entry and immigration status 

• Proof of U.S. citizenship from the U.S. citizen spouse

• Police clearance certificates from previous places of residence

• Passport-style photographs

• Current and expired U.S. visas and Form I-797, Notice of Action, proving USCIS approval of Form I-130 (if filed separately).

Depending on your circumstances, you may also need to provide other documents, such as Form I-212 if you've ever been deported from the U.S. or an I-601 Waiver if you're inadmissible due to fraud or criminal activity. Applicants (non-U.S. spouses) will also be fingerprinted as part of the process.

What Are Some Reasons My Application Can Be Denied by USCIS?

Several factors can lead to the denial of your Green Card application, including:

• The "Public Charge" Barrier: To enter the U.S. on an Immigrant Visa or adjust status to permanent resident while residing in the U.S., you must establish that you won't primarily depend on state or federal government financial benefits, such as welfare or food stamps, while in the U.S.. Your sponsor must complete Form I-864, Affidavit of Support, and you must complete the sections of the Form I-485, to prove financial self-sufficiency. The rules are complex, and consulting with an immigration lawyer is advised if you anticipate needing government benefits.

• Fraudulent Marriage: If USCIS suspects that your marriage is fraudulent and solely entered into for immigration benefits, your application may be denied. Marriage fraud can result in criminal penalties, so providing substantial evidence of the legitimacy of your marriage is crucial.

• Criminal Record: A criminal record, especially for certain serious offenses, can affect your eligibility for a Green Card. USCIS conducts background checks, and your criminal history may lead to denial or even deportation proceedings. Consulting a criminal immigration lawyer in New York or wherever you live may be necessary in such cases.

• Inadmissibility Grounds: Certain grounds of inadmissibility, such as health-related issues or national security concerns, can lead to the denial of your application. Depending on the circumstances, waivers or other legal remedies may be available.

• Failure to Appear at Interviews: Missing scheduled interviews or appointments can result in your application being denied. It's essential to attend all required interviews and follow USCIS instructions.

Are Same-Sex Marriages Treated as Legitimate?

Yes, same-sex marriages are legally recognized in the U.S. and are considered legitimate for immigration and Green Card cases. However, challenges may arise if you or your spouse reside in a country where same-sex marriage is illegal or strongly stigmatized. In such cases, proving your relationship to U.S. immigration authorities can be challenging, and consulting An immigration lawyer is advisable to navigate these complexities.

I always prepare my same-sex marriage cases in a special way so that I convince the USCIS officers that the relationship is authentic from the beginning. I always tell my clients that we want to make sure the USCIS officer doesn’t think that the couple are actually roommates, and not actually in a romantic relationship. This can be true of heterosexual couples too. USCIS has been known to look at relationships to see if the couple are just roommates who live at the same residence and who know each other really well and are just applying for the case for convenience. We love to use very creative ways to showcase respectfully, our couple’s special relationship. 

Divorce and Permanent Green Card (ten-year Green Card)

If you get divorced after obtaining a Permanent or unconditional Green Card, further immigration applications or interviews are typically not required. However, if you later apply for U.S. citizenship, USCIS may review your immigration file because every time you present yourself before USCIS, you are subjecting yourself to having USCIS open up your previous files to make sure that your status was obtained legally. If they discover the divorce and suspect that your marriage was not legitimate from the beginning, they may deny your citizenship and revoke your Green Card.

Divorce on a Conditional Green Card (two-year Green Card)

For individuals with conditional permanent residence, both spouses typically need to sign Form I-751 to remove the conditional status. However, if you are divorced, separated, or in the process of divorce, you may be eligible for a waiver of the joint filing requirement. These cases must be prepared in a thorough manner. 

I Filed an Application for a Green Card Based on Marriage. What Happens if I Get Divorced After My Green Card Is Issued?

The consequences of divorce depend on the type of permanent residence card you hold at the time of divorce. If you were married for less than two years at the time your Green Card application was approved, you will need to file a second immigration application to remove the conditional status from your Conditional Green Card two years later. If you were married for two years or more when your Green Card application was approved, no further application is required, and you will receive a permanent Green Card. It’s important to check your Green Card to see if it was issued correctly with the correct dates of expiration on it. Sometimes USCIS makes mistakes and you don’t find out until you apply for U.S. citizenship. 

I Filed an Application for a Green Card Based on Marriage to a U.S. Citizen on the Three Year Anniversary of my Green Card. What Will Happen if I Get Divorced or Separated from my U.S. Citizen Spouse Before the Interview?

If you divorce before your Green Card is issued, you may not be eligible for a Green Card based on that marriage, as the U.S. government primarily provides this service to the U.S. citizen spouse. However, an exception exists if you or your child experienced physical, mental, sexual, or other forms of abuse by your U.S. citizen spouse. In such cases, you may be eligible to self-petition for a Green Card under the Violence Against Women Act (VAWA) without your U.S. citizen ex-spouse's knowledge or assistance. Consulting a VAWA immigration lawyer in NYC can help determine your eligibility.

If you are separated but not yet divorced and your U.S. citizen spouse is willing to attend the Green Card marriage interview with you, your application might still be approved. USCIS typically assesses your intentions at the time of marriage, not the current state of your relationship. Providing evidence of a bona fide marriage can help support your application.

I Filed an Application for a Green Card Based on Marriage to a U.S. Citizen. Can I Bring a Lawyer With Me to the Interview?

Yes, you can bring a U.S. immigration lawyer to the Green Card marriage interview. However, it's important to note that your lawyer cannot answer questions on your behalf or your spouse's behalf. Having an immigration lawyer present can provide added confidence and protection of your legal rights during the interview. Your lawyer may also assist in locating necessary documents and providing explanations if requested by the USCIS officer. The lawyer you take to your interview doesn’t always have to be the same lawyer who filed your case. For example, if the lawyer who filed your application is not available on the date of your interview, you can hire another attorney to attend the interview with you.

I Filed an Application for a Green Card Based on Marriage to a U.S. Citizen. What Documentation Should I Bring With Me to the Interview?

Several weeks before your marriage Green Card interview, USCIS will notify you of the interview date, typically conducted at a local immigration office. The notification will list the required documents and information to bring with you. It's essential to provide both original documents and copies, including passports, state IDs, birth certificates, marriage certificates, financial records, evidence of shared life, dispositions of criminal cases if applicable, and a valid medical exam if you haven’t submitted one already. 

Which Interview Questions Are Used in a Green Card Based on Marriage Interview?

The Green Card marriage interview aims to determine the legitimacy of your marriage and whether it was entered into solely for immigration benefits. USCIS officers may ask various questions, some of which only spouses would typically know the answers to. There is no definitive set of interview questions, as they can vary widely. If spouses are interviewed separately, personal questions may be asked, and answers will be compared for consistency.

Common questions include:

• Spousal Information:

  • What is your spouse's full name, date of birth, and place of birth?

  • How did you meet your spouse? When and where did you meet for the first time?

  • Can you describe your dating and courtship period?

• Marriage Details:

  • When and where did you get married? Provide details about the wedding ceremony.

  • Who attended your wedding, and can you provide any photographs or documentation related to the event?

  • What cultural or religious customs were followed during the ceremony?

• Family and Relationships:

  • Do you know details about your spouse's family members (names, ages, relationships)?

  • How often do you spend time with your spouse's family, and what activities do you engage in together?

I Am Filing an Application for a Green Card Based on Marriage to a U.S. Citizen. Will the USCIS Require Both Me and My U.S. Citizen Spouse to Appear for an In-Person Marriage Interview?

Yes, a personal interview is typically required, and both you and your U.S. citizen spouse must attend. The Immigration and Nationality Act mandates that all Green Card applications based on marriage to a U.S. citizen must be approved only after both the immigrant and the U.S. citizen spouse are interviewed by a USCIS Adjudication Officer. This interview is commonly referred to as an Adjustment of Status Interview or the marriage Green Card interview.

During the interview, the USCIS officer will assess whether your marriage is bona fide. The burden of proof rests with you and your spouse to establish the legitimacy of your marriage. If there are suspicions of marriage fraud or if the officer has any concerns about the authenticity of your relationship, they may separate you both and ask more probing questions to ascertain the truth. It's important to answer questions truthfully and consistently, as inconsistency can raise suspicions.

Here are some additional common questions that might be asked during a marriage-based Green Card interview:

• Shared Life and Living Arrangements:

  • Do you and your spouse live together? If not, why?

  • How do you share household responsibilities?

• Financial and Joint Assets:

  • Do you and your spouse have any joint bank accounts or assets together?

  • Can you provide documentation showing joint ownership or financial ties?

• Daily Routine and Activities:

  • What is a typical day like for you and your spouse?

  • How do you spend your weekends or free time together?

• Future Plans:

  • What are your plans as a couple for the next few years?

  • Do you have any joint plans for travel or major purchases?

• Communication and Relationship:

  • How do you and your spouse communicate with each other?

  • Can you share details of recent conversations or activities you've engaged in together?

Remember that the key to a successful interview is demonstrating the authenticity of your marriage. USCIS officers are trained to detect fraudulent marriages, so be prepared to provide details that only genuine couples would know. It's also essential to bring any requested documents and evidence of your relationship to support your case.

If you are separated but not divorced, or if your spouse is unwilling to attend the interview, be sure to consult with an experienced Green Card marriage lawyer in NYC or where you live to explore your options and address any concerns.

What Happens After the Green Card Marriage Interview?

After the Green Card marriage interview, theUSCIS officer will review your case and may make one of the following decisions:

• Approval: If the USCIS officer is satisfied that your marriage is bona fide and you meet all eligibility requirements, your Green Card application will be approved. You will receive your Green Card by mail, typically within a few weeks.

• Request for Additional Evidence: In some cases, the officer may request additional documentation or evidence to support your case. You will receive a Request for Evidence (RFE) outlining what is needed. It's crucial to respond promptly and accurately to the RFE.

• Further Review or Second Interview: If the USCIS officer has doubts about the authenticity of your marriage, they may conduct a second interview or refer your case for further review. This can delay the decision on your Green Card application. You could also be called back for a Stokes interview where the couple will be separated and asked the same questions and then the officer would compare the answers.

• Denial: If the officer believes your marriage is fraudulent or finds other eligibility issues, your application may be denied. You have the right to appeal a denial or seek legal counsel to explore your options.

• Notice of Intent to Deny (NOID): In some cases, USCIS may issue a Notice of Intent to Deny, providing you with an opportunity to address concerns before a final decision is made. It's crucial to respond to a NOID promptly and thoroughly.

It's essential to remain patient and stay in contact with your Green Card marriage lawyer in NYC throughout the process. They can guide you on how to respond to any USCIS requests and address any issues that may arise.

What If My Green Card Application Is Approved?

Once your Green Card application is approved, you will receive your Green Card by mail at the address you provided on your application. This card proves your lawful permanent residence status in the United States.

As a Green Card holder, you have certain rights and responsibilities:

• You can live and work in the United States indefinitely.

• You may travel in and out of the United States, but be mindful of potential travel restrictions or requirements.

• You must renew your Green Card before it expires (typically every 10 years).

• You may apply for U.S. citizenship after meeting the eligibility requirements (typically five years as a permanent resident, or three years if married to a U.S.. citizen).

• You have the right to work and attend school in the United States.

• You may sponsor certain family members for Green Cards (you can review the visa bulletin published by the U.S. Department of State to see who you can sponsor as a Green Card holder).

• You are subject to U.S.. laws and regulations.

It's important to keep your Green Card safe and not let it expire. If you lose your Green Card or it is stolen, you should report it to USCIS and apply for a replacement.

Obtaining a Green Card based on marriage to a U.S. citizen is a significant step toward building a life together in the United States. However, the process can be complex and challenging, and the success of your application hinges on demonstrating the authenticity of your marriage. To navigate this process successfully, it is highly advisable to seek assistance from an experienced immigration lawyer who specializes in Green Card marriage cases, especially if you encounter any complications or have concerns about your eligibility. An immigration lawyer can provide guidance, help you gather the necessary documentation, prepare for the interview, and address any issues that may arise during the application process.

Should you or your loved one have any questions or need representation, please do not hesitate to call us, email us at info@khunkhunlaw.com, or review other options to get in touch with us for an immigration consultation. We have represented many clients going through the family-based immigration process with successful results even with the most difficult set of facts.