Marriage Green Card (Spouse of a US Citizen), explained

How to get a green card through marriage?

Introduction

When applying for a green card in the United States, people often face waiting times followed by the visa bulletin. However, immediate family members, especially spouses of US citizens, can skip these waits and streamline their green card applications.

If you're in the US, the process involves changing your status to a permanent resident (Adjustment of Status). As long as you entered the U.S. legally, you have the option to submit a family petition and a green card application concurrently (Concurrent Filing). This concurrent filing allows you to stay in the US until the USCIS makes a decision. Additionally, you can apply for a travel and working permit along with the application to manage your life during the waiting period.

What happens after you submit the application package?

1.     Receipt Notice: You will receive a confirmation receipt from the USCIS, acknowledging the submission of your application.

2.     Biometric Appointment Notice: You'll receive a notice for a biometric appointment (fingerprinting).

3.     Request for Evidence: In the event the USCIS requires additional documents, they may issue a Request for Evidence notice. Responding promptly and with appropriate documentation is crucial to avoid potential denial.

4.     Travel and Working Permit Approval: It is likely that approval for a travel and working permit will be granted before the green card application is adjudicated.

5.     Interview or Waiver: Depending on the strength of your case, the USCIS may schedule an interview or choose to waive it.

6.     Application Approval: The final step involves receiving approval for your green card application.

7.     Green Card Duration: If married to a US citizen for less than two years, a two-year green card is issued. If married to a US citizen for more than two years, a 10-year green card is granted.

If you are outside the US, the first step is to apply for a family petition. After the petition gets approved, the next stage is to apply for a green card outside the US at the local US Embassy or consulate in your home country. This process is known as Consular Processing. Despite being an immediate family member of a US citizen and not having to wait for a visa to become available, you still need to wait for the approval of the family petition before progressing to the next step.

What happens after you submit the application package?

1.     Receipt Notice: You will receive a confirmation receipt from the USCIS, acknowledging the submission of your application.

2.     Family Petition Approval: Upon approval of your family petition, you will receive instructions from the National Visa Center to proceed with filing your green card application.

3.     Visa Interview: After submitting your green card application, the local US embassy or consulate office will schedule an interview.

4.     Travel to the US: Upon successfully completing the interview and receiving the issued visa, you can utilize that visa to enter the US as a permanent resident.

5.     Receiving a Green Card: Following your entry into the US, you can expect to receive your green card within a few months.

Key Point

When applying for a Marriage Green Card, it’s vital to show that your marriage is real, not just for immigration reasons. Though it seems simple, proving this can be tricky. You will need to prove:

• Bona Fide Marriage: The U.S. Citizenship and Immigration Services (USCIS) is aware that some individuals engage in fraudulent marriages to gain residency in the U.S. To demonstrate the legitimacy of your marriage, you must furnish USCIS with documentation showcasing that you and your spouse are genuinely building a life together, affirming the "bona fide" nature of your marriage.

• Legal Marriage: For immigration purposes, the U.S. government acknowledges the legal validity of your marriage if it is formally recognized by the government in the country where the marriage ceremony occurred.

• Valid Marriage: If you have been previously married, you will need to furnish evidence such as a divorce decree, death certificate, or other relevant documents to substantiate the termination of your previous marriage.

Note: This is general advice and may not cover all necessary information and required processes. USCIS processes and requirements may change, so always refer to the latest USCIS guidelines and forms. Consider consulting with an immigration attorney for personalized advice based on your specific situation.