Understanding Green Card Marriage
IMMIGRATION ATTORNEY LAURA LEON
United States citizens and lawful permanent residents (green card holders) may apply for their spouse to earn a green card by marriage, although the green card marriage process for U.S. citizens is different than it is for a green card holder.
Working with a marriage immigration lawyer can help you through the process, answer your questions, file your paperwork, and help you prepare for your interview.
If you’re looking to sponsor your spouse for a green card through marriage, we’ve outlined what you need to know to get started.
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What is a Green Card Marriage?
The spouse of a U.S. citizen or green card holder can get his or her own green card and become a lawful permanent resident of the United States. This is known as a green card marriage.
Green card holders enjoy several benefits, including the ability to travel outside the country and to work anywhere in the U.S they wish. Additionally, people who have green cards are eligible to apply for U.S. citizenship after a certain period of time.
If you’ve been married for less than 2 years, the green card you obtain through marriage is conditional. You can’t renew it, but 90 days before it expires, you can file a petition to get the conditions removed.
If you don’t get the conditions removed, you will no longer be a permanent resident of the United States – and you will be at risk for deportation.
Green Card Marriage for Spouses of U.S. Citizens
Once both the citizen-sponsor and the beneficiary have proven their eligibility, the U.S. citizen can apply for permanent residency for the spouse as an immediate relative. There are no annual limits on the number of green card marriages that can be granted for U.S. citizens. Therefore, the United States Citizenship and Immigration Service (USCIS) will grant a visa number immediately.
The spouse may then apply for green card status with Form I-130.
- For beneficiaries already in the United States, they should apply for an adjustment of status.
- For beneficiaries outside the United States, they should first apply for an immigration visa at the appropriate U.S. Embassy or consulate.
Another option available is the K-1 Visa for the fiancé(e) of a U.S. citizen. The K-1 visa is valid for only 90 days during which the green card marriage should take place or the fiancé(e) must leave.
Green Card Marriage for Spouses of Lawful Permanent Residents
There is an annual limit on the number of green card marriages that can be granted to the spouses of lawful permanent residents. Therefore, after submitting Form I-130, applicants must wait for a visa number to become available. Once the Department of State announces the status of the candidate’s priority date, the beneficiary can then formally apply for permanent residency.
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Green Card Marriage Interviews
As part of the process, USCIS requires an extensive interview with the couple usually about three months after the time of application.
The USCIS officer in charge of your case will be looking for evidence that you’re in a bona fide marriage.
In these discussions, candidates for a green card marriage should be prepared to answer questions correctly and truthfully. Preparation is essential as poor responses can result in delay or rejection of the application.
There are no questions or answers that must be memorized. The officer is mainly examining the couple’s credibility and character.
Here are some suggestions to help you prepare for your interview:
- Be on time.
- Dress appropriately, in a way that demonstrates your respect for the process.
- Listen carefully and answer briefly and to the point. The interviewer will have many precise questions to ask each of you regarding where you met, what you do, what kind of car each spouse drives, foods served at the wedding, and so on. These very specific questions are intended to reveal whether the sponsor and the candidate know each other and have shared memories.
- Don’t guess. It is better to say you do not understand or can’t recall rather than make up an answer.
- If the officer suspects the marriage may be faked to gain permanent residency status for the candidate, you may be separated and asked questions to determine whether your marriage is real. Trying to fake a green card marriage is a serious legal offense.
- Bring original documentation and a set of copies to provide the interviewer to prove your wedding occurred.
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CHOOSE AN Marriage Immigration Lawyer for a Green Card Marriage Application?
Immigration law is complicated. Attempting to navigate the variables of visa applications, immigration, entry, green cards, and U.S. citizenship without professional assistance often leads to denials. Accurate, organized, and well-presented applications are more likely to succeed.
Experienced marriage immigration attorneys like the professionals at Laura Leon Law understand the intricacies of immigration law and can give you the best chance of success.
Schedule a consultation with our multilingual professionals to discuss the green card marriage process or other immigration challenges.
