Steps to Get a Marriage Green Card in the USA

If you and your spouse want to live permanently together in the United States, applying for a marriage green card might be the next big thing on your mind after deciding that you want to do so. Continue reading if this is the case. Are you unsure as to whether or not you fulfill the requirements to apply? The first order of business is to determine whether or not you meet the requirements.

Steps to Get a Marriage Green Card in the USA

A marriage green card is a term that is commonly used to refer to a permanent resident card that is obtained through marriage to a person who is either a citizen of the United States or a lawful permanent resident. This card allows the holder to remain in the country permanently. If a foreign national meets the requirements for permanent residence in the United States, they may be eligible to apply for immigration status that will enable them to live and work in the country indefinitely. Permanent residents in the United States have the opportunity to become naturalized citizens of the United States once they meet the requirements for citizenship and are able to do so.

What is marriage Green Card?

You got married to a person who is a citizen of the United States or a Green Card holder in the United States, right? Congratulations! After you and your fiancé have exchanged vows and become husband and wife, it is time to launch into the next chapter of your lives together as a married couple. Before you can make the United States of America your permanent residence, it is highly likely that you will first need to submit an application for a Green Card based on the fact that you are married. The concept of a marriage Green Card, as well as the application process for obtaining one, will be covered in this article.

You are eligible to submit an application for a Green Card if you are married to an American citizen. If your application is approved, you will be able to live and work in the United States permanently. It is a type of immigrant visa that is granted by the United States Citizenship and Immigration Services and serves as the initial step toward attaining citizenship in the United States (USCIS). Green Cards that are acquired through marriage only remain valid for a set period of time before they need to be renewed. If you have been married for more than two years prior to submitting your application, you may be eligible for the IR1 Green Card, which is valid for a period of ten years. This card is only issued to people who have been married for at least that long.

If you have been married for less than two years at the time that you apply for a green card, you will be issued a CR1 green card, which is also referred to as a "Conditional Green Card." If you have been married for more than two years, you will be issued an unconditional green card. This can only be used for a total of two years before it needs to be renewed in order for you to be eligible for a Green Card that is good for ten years.

In-Person Interview Regarding the Amendment of Status

There are some people who apply to have their immigration status adjusted who are not required to attend an interview. However, applicants whose adjustment of status is based on marriage will always be required to attend an interview. If you have a legally recognized marriage and are not barred from entering the United States for any other reason, you should have no trouble passing the interview that is required for changing your immigration status. A decision will typically be made regarding your application for a green card at the conclusion of the interview, which lasts for less than half an hour on average.

Bona Fide Marriage

One of the quickest ways to become a permanent resident in the United States is through the process of obtaining a green card through marriage. Because of this, the procedure for obtaining a green card through marriage has become vulnerable to fraud at the hands of certain individuals who will pretend to be married in order to obtain immigration benefits. Because of this, the process of obtaining a green card through marriage is subject to stringent scrutiny by USCIS. You'll need to present evidence that your marriage is genuine and authentic in order to move forward with the application process.

The United States Citizenship and Immigration Services (USCIS) will investigate your case to ensure that there is no attempt to circumvent immigration laws by using a sham marriage. A certificate of marriage is available to anyone who wants one. The US Citizenship and Immigration Services (USCIS) will require evidence that your marriage is legitimate. As a result of this, it will be necessary for you to present evidence that demonstrates that you and your spouse have an authentic marriage. The items listed below are some examples of acceptable forms of evidence that can be used to verify the legitimacy of your marriage:

  • Documents showing co-mingling of financial resources such as joint bank accounts, credit card statements, tax returns, insurance policies, home mortgages or other loans
  • Documents showing joint ownership or property such as a home or auto title
  • A lease showing joint tenancy of a common residence
  • Birth certificate(s) of child(ren) born into the marriage
  • Affidavits sworn to or affirmed by third parties having personal knowledge of the bona fides of the marital relationship.

It’s recommended that you submit as many documents as possible to strengthen your case.

Green Card for Spouses Through Consular Processing of Marriage

Applicants who are unable to change their status in the manner described above will submit their application for permanent residence through the consular processing system. The steps involved in submitting an application for a green card from outside the United States are as follows. The majority of immigrants take this route because it is the most common one.

Petitioning a Spouse

The consular processing path begins with the U.S. citizen or permanent resident filing a petition with USCIS. A marriage-based petition will generally include the following forms:

  • I-130, Petition for Alien Relative
  • I-130A, Supplemental Information for Spouse Beneficiary

The petitioner will also be expected to submit a number of supporting documents when submitting an application to USCIS. For further information, please visit the USCIS website or refer to the Mouthytech custom filing instructions. Mouthytech is able to assist you with the process of consular processing as well. Through the use of our web-based service, you can quickly and affordably prepare both Form I-130 and Form I-130A.

After the I-130 petition has been reviewed and approved by USCIS, the agency will send it on to the National Visa Center. The NVC will begin scheduling the consular process as soon as it determines whether or not an immigrant visa is available. (It is important to keep in mind that there is always an immigrant visa available to spouses of United States citizens.) When it comes to the partners of permanent residents, the case may remain with the National Visa Center (NVC) for a number of months while the visa is processed and made available.

The National Visa Center (NVC) will ask the foreign spouse to submit an application for an immigrant visa (DS-260) as well as a number of supporting documents, such as a Form I-864, Affidavit of Support, before scheduling a consular interview with the individual. In addition, there will be costs associated with processing the application for the visa as well as the affidavit of support. Examine the I-130 time line to find out what occurs after the petition has been submitted.

Interview at the Consulate

The interview will take place at an embassy or consulate office of the United States in the vast majority of instances. The petitioner from the United States is never required to appear at the interview, but in many instances, they are welcome to do so as a supportive participant.

Interviews with consular officials typically last less than half an hour and, if successful, result in the issuance of an immigrant visa. Read Green Card Interview Questions for Spouses to get an overview of the possible questions and to get information on what to bring to your consular interview for a marriage green card.

Contrasted with Consular Procedures for Adjustment

Adjustment of status and consular processing are two options that very few people are able to choose between. On the other hand, some spouses of U.S. citizens who are currently living in the United States are given the opportunity to exercise this choice. The majority of the time, spouses who are eligible to adjust status will choose to do so if given the opportunity. It grants the foreign spouse permission to remain in the United States while the marriage green card application is processed.

On the other hand, consular processing can frequently lead to a reduction in the amount of time required for processing. The couple may end up being forced to live apart as a result of this deal. There are benefits and drawbacks associated with every possible route. Read up on the differences between Adjustment of Status and Consular Processing for a more in-depth comparison.

Spouses Who Are Undocumented

Marriage is a legal pathway for many undocumented spouses to obtain permanent residence in the United States. In many instances, undocumented spouses of U.S. citizens have the ability to independently adjust their status. Having said that, there are a couple of very essential prerequisites. The applicant generally needs to have a lawful entry and needs to be the spouse of a citizen of the United States. Consult an immigration attorney if you are an undocumented spouse of a permanent resident or an individual who does not have a lawful entry. They can help you navigate the immigration process.

A significant consideration is whether or not the foreign spouse will be allowed to enter the United States. In order to adjust status, the spouse who does not have legal documentation will need to provide evidence that they entered the United States in accordance with the laws.

Entering the United States without a valid visa

In most cases, a person who has entered the United States without being inspected is considered to be present in the country illegally and is referred to as having "entered without inspection." People who have sneaked across the border or entered through a border crossing but managed to avoid inspection did so most of the time when they illegally enter the country (i.e. hiding in a car). It is possible that individuals who have been approved for Deferred Action for Childhood Arrivals (DACA) will fall into this category as well.

Spouses who sneaked into the United States without being inspected make an already difficult situation much more difficult. In order to submit an application to the U.S. consulate, the undocumented immigrant is required to travel back to their country of origin. Unfortunately, if an undocumented immigrant enters the United States, stays for more than six months, and then leaves the country, he or she will be denied readmission for a period of three or ten years, depending on the severity of the violation. Because of this significant roadblock, the undocumented immigrant is required to file a waiver application with USCIS before leaving the United States to attend the consular interview.

It is possible for a person who has entered the country illegally to obtain a green card through legalization through marriage. However, this is a complicated process that calls for an in-depth analysis to be conducted by an experienced immigration lawyer. There is a possibility of adverse outcomes. In the event that the provisional waiver application is denied, the foreign spouse may be denied entry into the United States. Due to these factors, people who find themselves in this predicament are strongly encouraged to seek the advice of an experienced immigration attorney before submitting any forms to the USCIS.

Green Cards Obtained Through Marriage for Couples of the Same Sexual Orientation

The United States immigration system is open to LGBTQ couples who are already married, just like it is to couples of the opposite sex who are already married. However, in order to qualify as a spouse for immigration purposes, the relationship in question must first be legally recognized as being equivalent to a marriage in the state or country in which it took place.

In virtually every nation on earth, homosexual couples are not allowed to wed "legally." You are able to use the same processes that were described in the earlier sections of this article so long as the marriage was performed in a jurisdiction (state, province, or country) in which it was legal to do so.

Conclusion

The marriage green card in the united state, is applicable for all applicant to apply. Therefore, we have given you all the guidelines you need before you can be able to apply. read the entire article and find out what it take to apply for the green card. for more information....