GREEN CARD THROUGH MARRIAGE
We Can Help You Apply for Permanent U.S. Residency
If you are married to a U.S. citizen, you may qualify for a marriage-based green card. The rules surrounding marriage and green cards are detailed and complex, and largely depend upon whether the marriage was to a citizen or legal permanent resident and if they entered the country legally.
In order to obtain immigration benefits available to a spouse, there must be a valid marriage between the parties. Unlike many other immigration benefits, you can apply for a marriage green card even if you have unlawful presence in the U.S. or you have overstayed a visa.
Required Documents for a Marriage-Based Green Card Through Consular Processing
The documents may vary depending on each individual’s case. However, the following are the generally required documents for a marriage-based green card application:
- Passport valid for at least six months beyond your planned date of entry into the U.S. Keep in mind that, in some cases, a longer validity may be required. You will need to check with the embassy or consulate in your country to be sure.
- Affidavit of Support: The I-864 Affidavit of Support must be completed by the petitioner to show that they have the ability to support the beneficiary financially when they start living in the U.S. The petitioner must prove that his or her income is at least 25% higher than the HHS poverty guideline.
- DS-260, Immigrant Visa Alien Registration Application
- Two (2) copies of 2×2 photographs (they must follow these specifications).
- Beneficiary’s Civil Documents: This includes birth and marriage certificates, court and prison records, marriage termination documents, military records, and/or police certificates.
- Completed immigration medical examination forms
Once the NVC is convinced that all the necessary documents and procedures have been completed, a visa interview will be scheduled. The beneficiary, petitioner, and attorney, if applicable, will receive notifications containing the time, date, venue, instructions, and the required documents for the interview.
What are the Legal Requirements for a Marriage-Based Green Card?
The marriage-based green card is one of the most scrutinized U.S. immigrant visas for processing. To qualify, you must present your case to the immigration officials to prove you meet the following legal requirements:
- You must be legally married: A marriage can only be considered legal if the government in the country where the marriage took place officially recognizes it. Therefore, you will need to prove this by presenting your marriage records officially issued by the government.
- Previous marriage(s) must have been legally terminated: Neither the petitioner nor the beneficiary can have another active marriage. If any or both of you have previously married, you must provide proof showing that the previous marriage has been terminated by legal means. The required evidence for this includes a divorce or death certificate.
- Your marriage must be bona fide: A marriage is considered bona fide if the two parties entered into it, intending to start a family together. You will be asked many questions to ascertain that the marriage isn’t a sham entered into to fraudulently obtain a permanent residence. A series of documents will also be required to show how your relationship evolved to become a marriage. If your marriage was done in secret and didn’t involve relatives and friends, this may be a red flag. See our complete guide on how to prove that your marriage is bona fide when processing a green card.
- The sponsor must have U.S. citizenship or a lawful permanent resident card.
Marriage-Based Green Card Interview Questions
Here are some sample marriage-based green card interview questions you may be asked during your meeting. Note that these are some possible marriage-based green card questions, and in no way can we guarantee that these will be the exact inquiries:
- In what circumstance did you both meet?
- What sorts of hobbies/interests do you have in common?
- At what point did your relationship transition into a romantic one?
- How long did you know each other before deciding to get married?
- What type of routine do you have at home? For example, who usually wakes up first?
- Who is in charge of the household chores?
- What is your spouse’s monthly salary? Who contributes to which bills?
There is a long list of potential marriage green card interview questions that may come up during your meeting. It’s best to speak openly and honestly when answering.
How to Answer Green Card Marriage Questions
We strongly advise our clients to:
- Always tell the truth, the whole truth and nothing but the truth.
- Keep their answers short. One or two sentences are usually sufficient.
- If they are not 100% sure, they should never try to guess the answer to a question.
If there are even the slightest inconsistencies between your answers to the officer’s questions and those of your spouse, the officer may believe that the two of you are not living together.
USCIS officers ask questions about dates, names and other things, looking for inconsistencies.