Marriage Based Green Card – Are you eligible after marrying a US citizen?
As a spouse of a US citizen, you may assume that you are automatically a Green Card holder or a US citizen. In actuality, your US citizen husband or wife first needs to file an application. Once you complete the process, you will receive a Green Card through marriage which allows you reside in the US. The Green Card also allows you to work legally in the US for any employer.
In this article we will clarify some important points about the process of receiving a Green Card for a spouse. This process is longer and more complicated than people would expect. There are requirements throughout the process to complete forms, obtain many documents and prove your financial circumstances. A US immigration lawyer can handle this process for you from beginning to end. We will fill out the forms, file them to the correct address, and follow up as needed.
Our help ensures you are always one step ahead, thanks to our familiarity with the Green Card through marriage process. Our US immigration lawyers are aware of changes and updates to the process by US authorities so as to ensure your application goes as smoothly as possible.
Processing Times for a Spousal Green Card
If you apply for a Green Card by marriage while outside the US, the process takes on average 1.5-2 years. You are only allowed move to the US to work and live there after receiving approval, during the final stage of the process. It’s important to note that if you have any previous immigration violations (such as overstaying your visa) or criminal background, the process will be significantly longer and may require filing a waiver.
If you apply for a Green Card through marriage while inside the US, processing times are around 1-2 years. You can also apply for a temporary permit to work in the US before you obtain your Green card. It’s important to note that until you receive authorisation, you should not leave the US. Travelling abroad will cause the US authorities to erase all the progress you made, forcing you start the process all over again and pay all the required fees once more. If you have an urgent need to travel abroad, you will have to apply for a special permit, and stay in the US until the permit is granted.
Eligibility for a Green Card by Marriage
In order for you to file the application you must be married to a US citizen or Green Card holder. To prove that you are married, you will need to provide a legal marriage certificate from the country you were married in. Filing a Green Card for a same sex partner is the same process – however, same sex couples may need to marry in a different country if their home country hasn’t legalised same sex marriage. If you are unsure if you have the correct certificate, you can check using this link.
You and your spouse will need to provide biographical information to complete the necessary forms. You will also need documents such as birth certificates, army release certificate, proof of US citizenship etc. It’s important to note that the requirements differ depending on whether the application is made outside or inside of the US.
A US immigration lawyer would provide you with a comprehensive list of the required documentation and information. They will also review the documents and verify that they are correct. The advantage of having a US immigration lawyer who is located in Israel is familiarity with the Israeli documents and knowledge of the specific requirements of the US Embassy in Jerusalem. It’s important to note that certified translations of documents to English is needed for foreign documents, however Apostil stamps and notary signatures are generally not required.
Financial Requirements
For your US citizen spouse to file a Green Card application for you, they must prove that they have sufficient funds so that you won’t become a public charge. The amount needed is according to the year’s current federal poverty guidelines. They will need to complete a Form I-864 and fulfil the requirements. If you and your spouse cannot prove sufficient funds, a sponsor can sign as a guarantor for you. This needs to be a US citizen who currently resides in the US. Often a relative or friend will be willing to do this for you.
Medical Examination
As part of the Green Card process, you will need to undergo a medical examination with a USCIS certified doctor. You may have to provide your full medical history and medical records. You will also need to provide proof of having received your childhood vaccines. This requirement now includes the COVID-19 vaccine, but you may be exempted from this requirement under certain circumstances.
Contact a US immigration expert
As we discussed in this article, there are many requirements when you are filing a Green Card through marriage. In recent years, the authorities have made these processes harder, which is why many people nowadays look for a immigration lawyer specializing in immigration to the US to handle the process for them. Some couples have to be separated due to one of the spouses being in the US for work or family reasons, while the other can’t join them until approval is granted. With the ability to navigate the process, you can speed the immigration process and start your life in the US together as a family.
Our firm represents clients on all issues dealing with immigration and visas to the United States. If you seek legal assistance from an immigration lawyer to the US, please contact us. We would be happy to answer any questions you may have regarding the Green Card process and what is unique about our services. We are a multilingual office with the ability to help you in a number of languages. We have years of experience in the field and are up to date on current processes. Please call us for more information on how to get started – 03-374-4722
