What Is Marriage Based Green Card?
A Marriage-Based Green Card allows a foreign spouse of a U.S. citizen or lawful permanent resident to live and work permanently in the United States. This pathway not only unites families but also provides a route to U.S. citizenship.
Marriage Based Green Card Eligibility Requirements
1. Valid Marriage: The marriage must be legally valid in the country where it occurred.
2. Legal Status: The sponsoring spouse must be a U.S. citizen or lawful permanent resident.
3. Good Faith Marriage: The marriage must be genuine, not entered into solely for immigration benefits.
4. Legal Capacity: Both spouses must be legally eligible to marry, with all prior marriages lawfully terminated.
The Marriage Based Green Card Process: Step by Step
Step 1. The U.S. citizen or permanent resident files Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS) to establish the qualifying relationship.
Step 2. If the foreign spouse is in the U.S., they may file Form I-485, Application to Register Permanent Residence or Adjust Status, concurrently with the I-130 or after its approval. If the foreign spouse is abroad, they will undergo consular processing at a U.S. Embassy or Consulate after I-130 approval.
Step 3. Both spouses may be required to attend an interview to verify the authenticity of the marriage.
Step 4. Upon approval, the foreign spouse becomes a lawful permanent resident.
Conditional Residence (Conditional Green Card)
If the marriage is less than two years old at the time of granting permanent residence, the foreign spouse receives conditional resident status. To remove conditions, both spouses must file Form I-751, Petition to Remove Conditions on Residence, within the 90-day period before the two-year anniversary of obtaining conditional status.
Financial Considerations
The sponsoring spouse must demonstrate the financial ability to support the foreign spouse. A joint sponsor can be used if necessary.
Benefits of Marriage Based Green Card Process
While the adjustment of status application is pending, the foreign spouse may apply for employment authorization (Form I-765) and advance parole for travel (Form I-131).
Heads Up!
Immigration laws and regulations are constantly changing. To ensure you have the most current guidance tailored to your unique situation, we recommend consulting with our experienced legal team before you take an action.
Why Choose ZMK Law for Your Marriage Based Green Card Process?
The marriage-based green card process is not just about legal paperwork; it’s about uniting families and building futures. Our experienced team offers high quality legal service, ensuring all requirements are met promptly and accurately. We are committed to making the journey as smooth as possible. Also, not to mention that ZMK Law is a client-focused boutique law firm, where our clients are treated with utmost respect and kindness.