One of the great perks of marrying a U.S. citizen is having the ability to apply for a green card based on marriage to your U.S. citizen husband or wife. As many are aware, applying for a green card through marriage to a U.S. citizen (aka “marriage green card”) is one of the quickest ways a foreign individual can become a legal U.S. permanent residency.
Unlike many other immigration benefits, you can apply for a marriage green card even if you have unlawful presence in the U.S. or you have overstayed a visa. However, there are limited circumstances where it’s not possible, for example, if you entered the country illegally, i.e. without being inspected by a customs officer, or entered as a crew member.
The marriage green card process entails numerous forms, legal issues, filings, receipts, supporting materials, government correspondence, and finally an interview. The process can be lengthy, not just in terms of applying and waiting for notices and an interview, but also in terms of preparing the forms and supporting materials. Some supporting documents that may be necessary are passports, birth certificates, a medical exam, tax returns, job letter, pay stubs, marriage certificate, divorce decree, and criminal records, if any.
Some additional items to consider in connection with the process:
- Is my marriage a real marriage!?!? Marriage fraud is a serious offense and is punishable by deportation, 10 years in jail, and/or up to a $250,000 fine!
- Unless you obtain advance parole or you have an H-1B or L-1 visa, you cannot travel outside of the U.S. while the green card application is pending without abandoning the application.
- The foreign spouse needs to have a medical exam conducted.
- An affidavit of support will have to be completed by the U.S. citizen spouse contracting him/her to support the foreign spouse for a certain period of time and under certain conditions. If the U.S. citizen spouse doesn’t meet the income requirements, a joint sponsor will be necessary.
- You and your spouse will have to go to an interview together to prove the validity of your marriage and that the foreign spouse qualifies for a green card.
- “Bona fides” proving the validity of your marriage are very important for the interview (photos, joint bank account, joint lease or deed, joint credit card, info indicating that you reside at the same address, etc.
- USCIS filing fees for the entire application total of $1,365.
Every marriage green card application is different and therefore it is strongly advised to work with competent legal counsel experienced in immigration matters throughout all parts of the process. U.S. permanent resident status is a highly sought after immigration benefit and something that should be pursued with great care.
Douglas M. Lightman, Esq. is the principal and founding attorney of Lightman Law Firm LLC, a boutique law firm located in New York City with a focus on U.S. immigration law. The firm focuses on both family immigration and business immigration. Some of the more common services provided by the firm on the family immigration end deal with marriage green card applications, K-1 fiance visas, K-3 marriage visas, immigrant relative petitions, and other family related matters. On the business end, the firm provides services in connection with employment based green card applications, work visas such as the H1B visa, the L-1 visa for intracompany transferees, the O-1 visa for artists and entertainers, the TN visas for Canadians and Mexicans, and visas for investors and traders. The firm also handles various matters relating to citizenship and naturalization.
Please contact us at the following for more information about Lightman Law Firm and immigration law.
Oscar the Grouch on The Hour with George Stroumboulopoulos
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