Green Card Based on Marriage to US Citizen

Receiving a green card through marriage to US citizen one of the most common ways to immigrate to the United States.  Under United States Immigration Law, foreign nationals are qualified for a green card based on marriage to US citizen if they entered with inspection.  Inspected entry means that the person applying for green card by marrying US citizen must entered the United States legally through a port of entry and be inspected by an immigration officer upon entry.  Evidence of inspected entry include a copy of the I-94, visa or a stamp in the passport.

Immigrants who entered without inspection

Immigrants who entered without inspections, for example, those from Mexico and other Latin American countries, must process their green card through the US Embassy in their home country.  They often will also need an extreme hardship waiver (Form I-601) because of their unlawful presence in the United States for several years.

Necessary Documents

Marriage green card applicants must prepare the following documentation for the adjustment of status process:

1. Birth certificate of the foreign spouse

2. Marriage certificate

3. Financial Support Evidence (Form I-864)

4. Evidence of lawful admission into the United States

5. Passport photos

Marriage Green Card Application Process

Green card application after marriage to US citizen starts with the filing of an immigrant visa petition (Form I-130) by the US citizen spouse.  Under current immigration regulations, Form I-485 (application for permanent resident status) can be filed concurrently with the immigrant visa petition.  Applicants are also advised to apply for the work permit (EAD) and the travel permit (Advanced Parol) which are now issued on one document within 90 days.

Green card petitioner and beneficiary will be scheduled for a marriage interview with US Citizenship & Immigration Services (USCIS) after the applications are processed.  Both spouses must attend the interview and present evidence of bona fide marriage.  The marriage green card interview is for the purpose of verifying that the marriage is real and not for the purpose of applying for immigration benefits.

If approved at the green card interview within 2 years of marriage, the beneficiary will be issued a conditional green card that will expire in two years.  The beneficiary must apply to remove the condition on the marriage green card 90 days before filing Form I-751 with USCIS.

Affidavit of Support for Marriage Green Card

Another important requirement for the marriage green card is the affidavit of support, which requires the US citizen sign a contract with the US government to show that the foreign spouse beneficiary will be financially supported.  The affidavit of support requirement is to ensure that the foreign spouse will not become a public charge. Petitioner must show that his or her income is above the Federal Poverty level based on the household number.  If the US citizen spouse’s income does not meet the poverty level or if the US citizen spouse is unemployed, a joint sponsor must be used to complete the affidavit of support application with USCIS for the marriage green card to be approvable.

Marriage Green Card Filing Fee

USCIS filing fee (Paid to Department of Homeland Security) is $1490, which includes (1) the immigrant visa petition, (2) work permit EAD, (3) travel permit and (4) green card. The medical exam for the marriage green card will cost approximately $200 to $300 dollars, depending on whether vaccinations are necessary.  If the beneficiary qualifies for 245i protection, a penalty of $1000 will also need to be submitted to USCIS for the green card application to be approvable.

For more information, please call our office for a free consultation with our immigration lawyer.  Direct line (949)228-3922 or email attorney@lawofficesofjackcsung.com