WHAT IS A MARRIAGE GREEN CARD?

MARRIAGE GREEN CARDS

A marriage green card is a green card that is obtained by being the spouse of a U.S. citizen or green card holder. Green card holders are granted what is called “permanent residency” status. Permanent residents are allowed to live and work anywhere in the United States. Green card holders will also find that their trips through customs are much smoother than before they obtained their status. Once three years have passed, a green card holder will become eligible to apply for naturalization to become a U.S. citizen. It is the green card holder’s choice whether to apply for U.S. citizenship because applying is not required by the federal government. If you have questions about applying for a marriage green card, then make sure to give us a call at You Are Home.  

WHO IS ELIGIBLE FOR A MARRIAGE GREEN CARD?

Any married spouse of a U.S. citizen or green card holder is eligible to apply for a marriage green card. To apply for a marriage green card, you must first determine whether you can get one through an adjustment of status or consular processing. An individual can apply to adjust status if he or she is already in the United States. This would allow them to go through the green card process without having to leave the United States. An applicant must prove that there is a lawful marriage and lawful entry into the U.S. to adjust status. The couple must also demonstrate that the non-resident spouse did not enter the United States with the intention of getting married if he or she did not have the appropriate visa beforehand. 

Marriage green cards are more commonly handled abroad through consular processing. Through this process, the entire marriage green card application, form submission, and green card interview takes place abroad at the appropriate USCIS field office, U.S. embassy, or U.S. consulate. This process grants an entry visa and a green card to successful applicants after arrival and entry into the United States. 

HOW DOES AN ELIGIBLE SPOUSE GET A MARRIAGE GREEN CARD?

There is a fairly clearly defined process to obtaining a marriage green card. While some general rules and requirements change due to different presidential administrations and political reasons, there is a general three-step process in obtaining a marriage green card that has stayed consistent; they are:

1. ESTABLISH THAT A LEGITIMATE MARRIAGE EXISTS

The first thing a married couple must do to start the green card process is establish that their marriage is legitimate and not for immigration reasons. To do so, the couple must submit a Petition for Alien Relative (Form I-130) to USCIS. This form is generally submitted along with other supporting evidence such as documents, pictures, and affidavits to help prove the legitimacy of the marriage. If either spouse has been previously married, then they must include proof that the previous marriage was legally terminated. 

2. COMPLETE AND SUBMIT THE NECESSARY FORMS

If the spouse seeking a green card is living in the United States, then they can file an Adjustment of Status application (Form I-485) to USCIS. He or she will need to include proof of nationality, lawful entry into the United States, and a medical examination by an approved physician. 

If the spouse seeking a green card is living abroad, then they can file an application package with the National Visa Center (Form DS-260). He or she will need to include proof of nationality and copy of a police clearance before being deemed ready for an interview with USCIS. 

3. ATTEND AN INTERVIEW WITH USCIS AND AWAIT APPROVAL

The last step in the marriage green card process is the interview with USCIS. The main purposes of the interview are for the interviewing officer to assess and determine the genuineness of the marriage itself. The interviewing officer can ask all kinds of questions ranging from daily routines to future plans. If the spouse is seeking an adjustment of status, then the interview will take place at the nearest USCIS field office. If the spouse is seeking a green card through consular processing, then the interview will take place at a U.S. embassy, or consulate in his or her home country. If the officer is satisfied that the marriage is real, then the officer will approve the applicant spouse for a green card. 

CONDITIONAL VS. PERMANENT GREEN CARDS

Once a green card is approved, the applicant will receive either a conditional green card (CR1) or an immediate relative green card (IR1). If the couple has been married for less than two years, then the applicant spouse will be approved for a conditional green card that is valid for two years. The couple must file a Petition to Remove Conditions on Residence (Form I-751) within 90 days before the expiration of the conditional green card. USCIS will then revisit the marriage to determine its authenticity and approve the petition if the officer is satisfied.

If the couple has been married for longer than two years or has had previous conditions removed, then the applicant spouse will receive an immediate relative green card which is valid for 10 years. The renewal process after 10 years typically does not require a revisitation of the marriage and generally requires simple paperwork. 

WHY CHOOSE YOU ARE HOME TO HELP YOU GET YOUR MARRIAGE GREEN CARD?

You Are Home is a team of immigration lawyers whose mission is to help you obtain your green card while answering your questions and concerns along the way. Our main goal at You Are Home is to make your green card process as simple and pain-free as possible. As a You Are Home client, you will be paired with an experienced immigration attorney who will help you identify any potential issues with your case, while also helping guide you through each step together as a team in order to help you best achieve success. Our immigration attorneys are experienced not only in helping people file immigration paperwork and prepare for their green card interviews; they have also successfully defended clients facing detention and deportation in immigration court. When you have You Are Home on your side, you will be prepared for whatever legal obstacles that could appear in the way of obtaining your green card.

SCHEDULE A CONSULTATION WITH YOU ARE HOME TODAY!

You Are Home is proud to offer consultations with our immigration attorneys via phone or videoconference via Zoom. If you would like to schedule a consultation with one of our experienced immigration attorneys to answer your questions and review your documents, you may do so here. If you decide to hire You Are Home to help you further with your naturalization case or any other immigration legal service that we offer, then we will credit your consultation fee towards the cost of those services. Don’t go it alone, let the experienced attorneys at You Are Home help you officially make the United States your (new) home country.