If you’re considering applying for a marriage-based green card, please don’t hesitate to contact an experienced Middlesex County, New Jersey, Green Card Lawyer for representation and legal advice. Please continue reading as we explore what you should know about these matters.
What is a Marriage-Based Green Card?
One common pathway for foreign nationals to acquire permanent residency in the United States is through marriage to a U.S. citizen or a lawful permanent resident. This process allows the foreign spouse to apply for a green card, signifying lawful permanent resident status, based on their legal relationship with their U.S. citizen or lawful permanent resident partner. After fulfilling specific residency and other requirements, they may eventually become eligible to apply for U.S. citizenship.
Who is Eligible?
To be eligible for a marriage-based green card, certain conditions must be met. The foremost requirement is that the couple must be legally married. This means that the marriage must be recognized as valid under the laws of the jurisdiction where it was performed and must also be recognized by the U.S. government.
In addition, the couple must provide substantial evidence to demonstrate that their marriage is bona fide and not entered into solely to obtain immigration benefits. This evidence can include documentation of joint finances, shared residence, wedding photographs, affidavits, and the existence of children, among other things.
Furthermore, the foreign spouse must be legally admissible to the U.S. This means they must not have any grounds of inadmissibility that would bar them from entering or remaining in the country. These grounds can include criminal convictions or previous immigration violations.
The process of securing a marriage-based green card typically involves several steps, including filing the appropriate forms with the U.S. Citizenship and Immigration Services (USCIS), undergoing biometrics collection, and attending an interview with an officer. During the interview, the couple will undergo questioning about their relationship and marriage to assess its authenticity. If the USCIS officer is satisfied that the marriage is genuine and all other eligibility criteria have been met, the foreign spouse will be granted a green card.
How Can I Apply?
The initial step in applying for a green card through marriage is filing Form I-130, Petition for Alien Relative. This establishes that the relationship between the spouses is legitimate. If both partners are already in the country when applying for a green card, they can file Form I-485 to adjust the foreign national’s status. You will have to pay a filing fee of up to $2,330 and provide documentation of your nationality, proof of lawful entry to the U.S., a medical examination, employment history, and more.
If one or both spouses are living outside the U.S., you will have to go through consular processing. It’s important to note that the case will be handled by the National Visa Center (NVC), and the applicant will be required to provide extensive documentation. This includes filing fees of up to $1,340 (if both parties live abroad), the online green card application, proof of nationality, police clearance certificates, documentation proving financial support, a medical examination by an approved medical professional, passport-style photos, the marriage certificate, and more.
As you can see, immigration law can be complex. That’s why you must be adequately prepared and represented by a qualified attorney from The Law Offices of Aditya Surti, LLC. Connect with our firm today for guidance during your application process.