How Do I Apply For A Green Card By Marrying A US Citizen?
Index
Permanent residency through marriage (green card) is one of the most common ways to obtain permanent residency in the United States. This process allows foreign nationals who marry an American citizen or green card holder to become legal residents. Once approved, the green card holder can live, work, and eventually apply for U.S. citizenship.
Green Card Application Process Through Marriage
There are two stages to applying for a green card through marriage:
Stage 1: Form I-130 Petition for Alien Relative
The first step is for your spouse, a US citizen or green card holder, to file Form I-130 with the USCIS (US Citizenship and Immigration Services). This form proves that your marriage is genuine and commits your spouse to sponsor you.
Stage 2:
The second stage depends on whether the green card applicant (spouse) is in the United States or abroad. If the spouse is in the U.S., they can file Form I-485, the green card application with USCIS. However, if the spouse is outside the United States, they must go through consular processing.
a. Form I-485: Change of status within the United States
If you are currently in the United States, you can apply to adjust your status to become a permanent resident (green card holder) by filing Form I-485. This form is submitted directly to USCIS and can often be filed concurrently with Form I-130.
b. Applying through the Consulate
If you live outside the United States, you can complete your application through consular processing. After your Form I-130 is approved, you must submit Form DS-260 to the U.S. Consulate in your country of residence.
Green Card Application Criteria Through Marriage
To obtain a green card through marriage, you must meet the following criteria:
Real Marriage: You must prove that your marriage was entered into for a genuine union and not merely to gain immigration status. The genuineness of the marriage can be proved by documents such as joint children (if any), documents showing that financial assets and debts are combined, joint bank accounts, photographs taken together, and sworn letters of support from friends and relatives showing the genuineness of the relationship. These documents proving the authenticity of the marriage can be much more varied and numerous. A US licensed attorney can advise you on which documents you can use to prove your marriage.
Legal entry into the United States: If a green card applicant initially entered the United States on a valid visa, they may still be eligible to apply for a green card. Even if the applicant later falls out of legal status (for example, becoming undocumented), it may be possible to secure a green card through marriage to a U.S. citizen. However, this option does not apply to marriages with green card holders.
Financial support: The sponsoring spouse must demonstrate their ability to financially support the green card applicant, typically by submitting Form I-864, the Affidavit of Support. To meet the requirements, the sponsoring spouse's income must be at least 125% of the federal poverty level, as published annually by the immigration service on their official website.
If the citizen spouse's income falls short, an additional sponsor, known as a joint sponsor, will be necessary. This joint sponsor must either be a U.S. citizen or a green card holder. Navigating the additional sponsorship documentation can be complex, so working with an experienced immigration lawyer can help prevent application rejection and ensure a smoother process.
Health Report: All green card applicants must complete a health examination to demonstrate that they are free from infectious diseases. This process requires submitting Form I-693, the Report of Medical Examination and Vaccination Record, which must be completed by a USCIS-approved physician. To find a nearby approved doctor, visit the USCIS website.
Cautions And Possible Scenarios
1. A Genuine Marriage but Insufficient Financial Support
Jessica and John entered into a genuine marriage and began living together. However, John's income was insufficient to meet the financial requirements for sponsoring Jessica's green card application. To resolve this issue, they enlisted the help of John's friend as a joint sponsor. With the joint support included in the application, Pelin's green card application was successfully approved.
2. A Genuine Marriage but Insufficient Documentation
Merry and Jack are in a genuine marriage; however, when they submitted their green card application, USCIS found that there was not enough evidence to verify the legitimacy of their marriage. As a result, they received a Request for Evidence (RFE).
The RFE outlined the necessary documentation needed to prove the authenticity of their marriage, including joint financial records such as bank and credit card statements, tax returns, and household expenses (e.g., utility bills, water, gas, and cell phone bills). Additionally, they were asked for joint property records like mortgage or lease agreements, insurance policies (health and auto), and photographs of the couple together, particularly from significant events.
Further evidence of joint travel (such as airline tickets and hotel bookings) and shared memberships (like gym or club memberships) may also be requested. After gathering and submitting the required documents to the immigration authorities, Merry's green card application was ultimately approved.
3. Obtaining the Correct Birth Certificate Format for Green Card Applications
Ayse was preparing to apply for a green card and needed to obtain a birth certificate. While Turkey does not have a direct equivalent to a U.S. birth certificate, applicants can use a substitute document under the U.S.-Turkey Reciprocity Program. Ayse can obtain this birth certificate through various channels, including e-government website, and Turkish consulates in the United States.
4. Expert assistance is essential to avoid rejection of your application
One of the biggest difficulties that can be experienced in Green Card applications is the incomplete or incorrect submission of documents or the failure to support the application with sufficient evidence. According to USCIS data, 12.5% of the 335,486 green card applications filed in the US in 2023, or 41,844 applications, were rejected for various reasons. These data include not only applications for spouses of US citizens, but also applications on behalf of all first-degree relatives of US citizens and green card holders. The rejection of an application can significantly prolong the process and leave you in a difficult financial and moral situation.
In order to minimize such risks, it is very important to prepare your application carefully and meet all the requirements. At Gozel Law, with our expertise in immigration law, we are here to help you get your application right and guide you through every step of the process. With our high success rate and extensive experience, we can provide you and your family with the most reliable support in starting a new life in America. If you would like to work with our team of experts to minimize the risk of your application being rejected, please contact us.
Frequently Asked Questions (FAQ)
01. Can I get a travel and work permit before I get a green card?
Yes, you can apply for a work permit (EAD) and a travel permit (Advance Parole) at the same time as you apply for a green card. These permits are usually processed more quickly.
However, if you leave the US without advance parole, your green card application may be considered abandoned and your application may be canceled. Therefore, you mustn't travel outside the USA until you have received your advance parole.
02. What documents are required to obtain a Green Card through marriage?
When applying for a marriage-based green card, you will need to submit several key documents, including your marriage certificate, identity documents, and tax returns that demonstrate the financial status of the sponsoring spouse. Additionally, a medical report is required as part of the application process.
To further validate the authenticity of your marriage, you can include supplementary documents such as a lease agreement or house title deed, photographs taken with family and friends at various events, and letters of support from loved ones. Travel-related documents, such as flight tickets and hotel accommodations, showcasing trips taken together, can also strengthen your application.
Gathering these documents is crucial for demonstrating the legitimacy of your marriage and ensuring a successful green card application process.
03. What happens if the marriage is fraudulent?
If a fraudulent marriage is identified during the green card application process, the application will be promptly denied, and the applicant could face severe legal repercussions. These consequences may include deportation and a ban on future entry into the United States. Moreover, allegations of a sham marriage can also lead to legal penalties for the sponsoring spouse.
Understanding the serious implications of a fraudulent marriage is crucial for anyone considering marriage-based immigration. Ensuring that all marriage documentation and intentions are legitimate is vital to avoid these legal pitfalls.
04. What rights do I have in the USA with a green card through marriage?
Once you receive your Green Card, you have the right to work legally in the United States. You can also travel outside the US with your green card.
05. Can I get a green card if my spouse is not a US citizen?
Yes, you can apply with a spouse who is a green card holder. However, the process can often take longer than with a US-citizen spouse. This is because spouses of green card holders are subject to some additional immigration filing restrictions and waiting periods as outlined in the Visa Bulletin.
06. We live outside the US, can we still apply?
Yes, you can apply for a green card even if you live outside the US. In this case, the process is called consular processing. The application is processed through the US embassy or consulate in your country, rather than through USCIS offices in the US.
07. Can I reapply if my application is denied?
Yes, if your application is denied, you can reapply by making the necessary corrections. However, it is important to thoroughly understand the reasons for the denial and resolve these issues before reapplying. Getting help from an immigration attorney during the application process can prevent this from happening.
09. If there is a pregnancy during the marriage, will it speed up the Green Card process?
While pregnancy does not directly speed up the green card application process, it can be a significant factor in promoting family unity. The condition of the unborn child may be taken into consideration as part of the emotional and familial aspects of the application.
Highlighting the importance of family connections and the well-being of the child can strengthen the overall application.
09. Can I travel outside the United States during the application process?
If you plan to leave the United States during your green card application process, it is essential to obtain an Advance Parole document. Failing to secure Advance Parole before your departure can result in automatic rejection of your application and complicate your re-entry into the U.S.
Advance Parole serves to keep your application valid for the duration of your trip, allowing you to travel without jeopardizing your immigration status. To ensure a smooth process, it’s crucial to apply for Advance Parole in advance and understand its significance in maintaining your application.
10. When can I apply for citizenship after receiving my green card?
Generally, you can apply for US citizenship after 3 years if you are still married after receiving your green card. However, there are some additional requirements for this process, such as continuing your marriage during this period and residing in the US for a certain period. Before applying for naturalization, you must complete Form N-400 and pay the required fees.
Advantages of Working With Gozel Law Firm
Marriage-based Green Card applications can be complex and it is important to get every step right throughout the process. At Gozel Law, we are here to assist you with our immigration expertise and high success rate. We handle each application with care, helping you and your family make a fresh start in America. With our reliable and experienced team, we will ensure that you go through this process as smoothly as possible.
Why Should I Work With A Turkish Immigration Lawyer?
Working with a Turkish immigration lawyer who is familiar with Turkish law will give you an advantage at every stage of your application. For the simplest of reasons, failing to submit the long version of the Turkish equivalent of a birth certificate, which is the civil register sample with the mother's and father's lines, may cause your application to be unnecessarily prolonged. In addition, some applicants' previous marriages, divorce judgments and criminal records in their home country may also affect this application. For these reasons, it is best to work with a Turkish immigration lawyer who is familiar with the laws of both countries.
