Obtaining a Green Card on the basis of marriage is a procedure available for foreign nationals who are married to a U.S. citizen or a Green Card holder. As a spouse of a U.S. citizen, or a Green Card holder, your spouse is entitled, under certain conditions, to apply for a Green Card for you. However, given the complexity of the process, it is advisable to seek the help of an immigration lawyer who is a proficient in the procedure for assistance in the matter.
A Green Card, also known as a Permanent Resident Card, is an identification document given by the U.S. government to foreigners who are allowed to live in the U.S. permanently. This document allows you to work and reside in the US. This article will provide an explanation on how to obtain a Green Card through marriage as well as obtaining a K-1 visa for an engaged couple, including the required forms and key issues to consider when approaching the procedure.
What is a Green Card on the basis of marriage?
American citizens are free to marry whomever they choose, but their spouse is not automatically eligible to receive a Green Card. The American spouse who is a US citizen must submit an application on behalf of their spouse to initiate the process. However, the process is often time-consuming. If the application is submitted by a Green Card holder instead of a US citizen, the waiting time will be significantly longer.
A marriage-based Green Card grants the recipient, as a spouse of a US citizen, the legal right to live and work anywhere within the U.S.. After three years of living in the US, as a Green Card holder, you will have the option to apply for a United States citizenship. If your application is approved, you can enjoy the same rights as your spouse enjoys, including the right to vote in US elections.
How to get a Green Card based on marriage?
The process of obtaining a Green Card has several main steps:
- To begin with, you will have make an application. This includes proving the authenticity of your marriage and demonstrate that it is based on genuine intentions, rather than for the sole purpose of obtaining a Green Card. This requires filling out a Form I-130, which is filled out and submitted by the spouse who is a US citizen, or Green Card holder. In order to submit the application, you will have to pay a fee. As stated, you will need to prove that your marriage is valid. A marriage certificate is required, but it is not enough to prove the relationship. Additional proof of the genuine nature of your marriage is required, such as shared photos, joint bank account, and more.
- If one of the spouses was previously married, it is mandatory to attach the official divorce decree(s) to the application
- You must also provide proof confirming that your spouse is indeed a US citizen or a valid Green Card holder. This can be done by providing one type of evidence such as your spouse’s citizenship certificate or Green Card, whichever is relevant.
- After filling the form, you must submit it to USCIS along with the documents required. If you are filing from within the US, you will also need to submit a Form I-485 and various additional forms with your application.
- Please note that the response, whether positive or negative , is not immediate and they can respond to your application anywhere from six months up to a year if the applicant is outside of the US and 1-2 years if the applicant is in the US, and sometimes even longer.
Those who are outside the US, have their file transferred to NVC upon approval and will need to provide financial documents and complete a FormDS-260. The DS-260 form is a standard application for a marriage-based Green Card. It is required to be filled out online, and it is necessary to provide evidence confirming that the applicant’s spouse is indeed a U.S. citizen or a Green Card holder. In addition, it is essential to provide supporting evidence that the applicant has no criminal record. - Once all the steps are completed, you will then need to undergo a personal interview. If you pass it successfully, you will be granted an immigrant visa or a Green Card and be allowed to officially permanently reside in the United States.
Marriage visa for same-sex couples
Sometimes same-sex couples encounter difficulties that heterosexual couples do not experience. In the past, same-sex couples have had a harder time in this area, but since the Supreme Court’s Windsor ruling, there have been changes in the policy and implementation of US immigration laws. The Windsor ruling declared that a section of the law, which stated that marriage takes place only between spouses of different sexes, is invalid. As a result, after the repeal of this section the courts began to apply the law accordingly, and it was established that a U.S. citizen who is legally married to a foreign citizen of the same sex is entitled to apply for permanent resident status just as a citizen of the U.S. applies for a spouse in the case of a heterosexual marriage.
At present, same sex couples receive the same treatment as heterosexual couples. A complication that can occur involves applying for Green Cards and US citizenship for children of same sex couples, as at least one of the parents is not biologically related to the child, assuming the child is not adopted outright. It’s important to check with a US immigration lawyer to verify what immigration rights your children are eligible to receive and how to prove the child is really yours.
K-1 fiancee visa
If your spouse is a U.S. citizen, they have the option to apply for a fiancée visa also known as an engagement visa. However, in order for the application to be accepted and for you to be able to legally work and live in the United States alongside your spouse, you will need to meet a number of conditions:
* The applicant’s spouse must be a U.S. citizen.
* The marriage between the spouses must take place in the U.S. within 90 days of entering the country on the basis of an engagement visa.
* The relationship between the couple must be genuine , authentic and to last for at least two years.
* Both spouses must be either single or divorced.
It should be noted that you cannot work or leave the US under a K-1 visa. Only after you have received a Green Card an advanced parole and employment authorization card are you allowed to work in the US and travel outside of the US.
What can be done if your application is rejected?
Not all attempts to get a Green Card based on marriage are successful. It is important to know that even if your application was denied, you can still contact a lawyer who specializes in immigration law and examine whether there is a possibility of appealing the decision. While various reasons may prevent a decision from being overturned, there have been cases where a request for a Green Card was denied at first, and was eventually granted thanks to compelling arguments made by an experienced and professional lawyer. Additionally the lawyer can assist with getting hold of documents and completing processes that are required in order for the application to be approved.
Our firm has extensive experience in the field of immigration law, and we are well equipped to assist you in all aspects of the application. Whether you need guidance in filling out the relevant forms or you have already submitted an application yourself and received a negative answer, you are welcome to contact us for professional legal advice. Our team will evaluate your situation and provide the necessary assistance to address your concerns effectively.
