Obtaining a green card through marriage to a U.S. citizen is one of the most common ways to obtain permanent residency in the United States. In this post, we will go over the steps necessary to obtain a green card through marriage with immigration lawyers in El Paso Texas.
Getting a green card through marriage to a U.S. citizen is one of the most common ways to gain permanent residency in the United States. While the process may seem complex, understanding the steps, requirements, and nuances can make the journey much smoother. In this guide, we’ll break down the entire process, provide answers to frequently asked questions, and offer some tips to ensure everything goes as smoothly as possible. Immigration lawyers in El Paso Texas.
What is a green card?
A green card, officially known as a Permanent Resident Card, grants foreign nationals the legal right to live and work permanently in the United States. It is issued by U.S. Citizenship and Immigration Services (USCIS) and allows holders to reside in the U.S. indefinitely, as long as they follow certain rules and regulations.
Benefits of a green card:
- Permanent residency: A green card grants you permanent residency, meaning you can live and work anywhere in the U.S. without restrictions.
- Employment opportunities: Green card holders can work for almost any employer, including the government, and are not limited by visa restrictions.
- Path to citizenship: While not required, holding a green card is the first step toward applying for U.S. citizenship. After five years (or three years if married to a U.S. citizen), green card holders may become eligible for naturalization.
- Travel flexibility: Green card holders can travel in and out of the U.S. more freely. However, extended trips outside the U.S. (more than six months) may raise questions about maintaining residency.
- Social benefits: You may qualify for certain social benefits, including Social Security, after working in the U.S. for a specific period.
Responsibilities of a green card holder:
While a green card provides many benefits, it also comes with responsibilities:
- Tax obligations: You are required to pay U.S. taxes on your worldwide income, just like U.S. citizens.
- Obeying U.S. laws: Green card holders must abide by federal, state, and local laws.
- Maintaining residency: You must maintain your permanent residence in the U.S. Extended absences or living abroad could jeopardize your green card status.
A green card does not grant voting rights in federal elections or give you a U.S. passport. However, it does provide long-term stability and security for foreign nationals looking to build a life in the U.S.
Steps to obtain a green card through marriage
1. Eligibility and requirements
To obtain a green card through marriage, several factors must be considered to ensure eligibility. The key requirement is a genuine marital relationship with a U.S. citizen or lawful permanent resident. Here’s a breakdown of what you’ll need:
- Proof of bona fide marriage: Immigration authorities will examine your relationship to determine if the marriage is legitimate. You’ll need to present evidence such as:
- Photos together
- Joint bank accounts
- Lease or mortgage agreements
- Affidavits from friends and family
- Legal status of the U.S. citizen spouse: Your spouse must provide proof of U.S. citizenship, usually through a birth certificate, U.S. passport, or certificate of naturalization.
Additional requirements:
- You must be legally married (civil unions or common-law marriages may not be recognized in the U.S.).
- You need to be in good legal standing, meaning no criminal offenses that would disqualify you.
- You may need to undergo a medical examination and obtain certain vaccinations.
Understanding the application process
The process of obtaining a marriage-based green card involves several steps. Let’s go through them one by one.
a. Filing the petition (Form I-130)
Your U.S. citizen spouse will start the process by filing Form I-130, which is the Petition for Alien Relative. This form establishes the existence of a valid marriage and verifies the U.S. citizen’s status.
b. Applying for the green card (Form I-485 or consular processing)
Once the I-130 is approved, the next step depends on where the foreign spouse currently resides. If you are already in the U.S., you will file Form I-485, which is the Application to Register Permanent Residence or Adjust Status. If you are outside the U.S., you’ll need to go through consular processing, which involves attending an interview at the nearest U.S. consulate or embassy.
c. Attending the green card interview
One of the most critical parts of the process is the interview. Both spouses must attend, and you’ll need to be prepared to answer detailed questions about your relationship, including how you met, your day-to-day life together, and your future plans.
d. Receiving your green card
If everything checks out during the interview, the foreign spouse will be granted a conditional green card, valid for two years. After two years, you must apply to remove the conditions (Form I-751) to obtain a permanent green card.
Conditional vs. Permanent green card
The initial green card granted to those married for less than two years is conditional. After two years, you must file Form I-751 to remove the conditions on your residence. This step is crucial to ensure you can stay in the U.S. permanently.
What’s the difference between a conditional and permanent green card?
- Conditional green card: Granted if you have been married for less than two years at the time of approval. It lasts for two years and requires you to prove that the marriage is still valid when applying for the permanent card.
- Permanent green card: If approved, this card is valid for 10 years and can be renewed.
To remove the conditions, both spouses must demonstrate that they are still in a bona fide marriage. This usually requires updated documentation similar to what was provided during the initial application. Immigration lawyers in El Paso Texas.
Common challenges and how to overcome them
The green card application process can be daunting, and several issues can arise:
1. Lack of proper documentation
Failing to provide enough evidence of a bona fide marriage is one of the most common reasons for delays or denials. Be diligent about gathering documents such as joint financial accounts, photos, and affidavits from people who can vouch for the legitimacy of your relationship.
2. Criminal records or prior immigration violations
If the foreign spouse has a criminal record or has violated immigration lawyers in El Paso Texas in the past, this can complicate the process. It’s crucial to consult an immigration attorney if you face such issues.
3. Language barriers during the interview
If English isn’t your first language, consider bringing a translator to the green card interview. Clear communication is essential, and miscommunication could lead to misunderstandings.
Marriage to a U.S. citizen
To be eligible for a green card through marriage to a U.S. citizen, you must first be legally married to a U.S. citizen. U.S. immigration lawyers in El Paso Texas recognizes marriages between persons of the same sex and different sexes.
File an I-130 petition
Once you are married to a U.S. citizen, your spouse must file an immigrant visa petition, also known as Form I-130, on your behalf. The I-130 petition is a form that is filed with the U.S. Citizenship and Immigration Services (USCIS) to prove that your marriage is valid and that your spouse is a U.S. citizen.
Along with the Form I-130, you must submit a number of documents, such as your marriage certificate, proof of your spouse’s citizenship, and any other documents that USCIS requires.
Waiting for the I-130 petition to be approved
Once your spouse files the I-130 petition, you must wait for it to be approved. This process can take several months or even years, depending on the USCIS workload.
File an adjustment of status application or an immigrant visa application.
Once the I-130 petition is approved, you may file an application for adjustment of status if you are currently in the United States on a temporary visa, such as a tourist visa or student visa. The adjustment of status application is filed with USCIS and allows applicants to adjust their immigration status from nonresident to permanent resident, immigration lawyers in El Paso Texas.
If you are not currently in the United States, you must file an immigrant visa application with the U.S. Embassy or Consulate in your home country. The immigrant visa will allow you to enter the United States as a permanent resident, immigration lawyers in El Paso Texas.
Attend an interview at the U.S. Embassy or Consulate.
After filing the immigrant visa application, you must attend an interview at the U.S. Embassy or Consulate in your home country. This interview is a crucial step in the green card process, as it allows the consular officer to evaluate the authenticity of your marriage and assess your eligibility for permanent residency. Immigration lawyers in El Paso Texas.
During the interview, the officer will ask you questions about your relationship with your U.S. citizen spouse, including how you met, the timeline of your relationship, and details about your life together. You may be asked to provide additional documentation that supports the validity of your marriage, such as joint bank accounts, leases or mortgages in both names, photographs, and correspondence. The goal is to ensure that your marriage is genuine and not solely for the purpose of obtaining a green card.
Obtaining a green card
Once your application is approved, you will receive a green card, officially known as a Permanent Resident Card. This card grants you the legal right to live and work in the United States on a permanent basis. However, obtaining a green card is a multi-step process that involves more than just filling out forms. It includes proving eligibility, attending interviews, and providing substantial documentation to demonstrate the legitimacy of your application.
Processing times and costs
The green card process can take time. Let’s explore the typical time frames and costs associated with obtaining a green card through marriage.
| Step | Processing time |
|---|---|
| Form I-130 (Petition for alien relative) | 7 to 12 months |
| Form I-485 (Adjustment of status) | 8 to 14 months (if within the U.S.) |
| Consular processing | 10 to 16 months |
| Form I-751 (Removing conditions) | 12 to 18 months |
FAQs about marriage-based green cards
1. How long does it take to get a green card through marriage?
The process can take anywhere from 10 to 24 months, depending on whether you apply from within the U.S. (adjustment of status) or through consular processing abroad.
2. Can I work while waiting for my green card?
Yes, you can apply for work authorization (Form I-765) while your adjustment of status application is pending. If approved, you’ll receive a work permit that allows you to work legally in the U.S.
3. Do I need to be married for a specific time before applying for a green card?
There is no minimum time you must be married before applying for a green card. However, the length of your marriage at the time of approval determines whether you’ll receive a conditional or permanent green card.
4. What happens if we divorce before I get my green card?
If you divorce before the green card is issued, your application will be denied. If you already have a conditional green card and then divorce, you may still be able to remove the conditions, but you’ll need to provide strong evidence that the marriage was genuine.
5. Can same-sex couples apply for marriage-based green cards?
Yes, same-sex marriages are recognized for immigration purposes in the U.S. as long as the marriage is legally valid in the place where it occurred.
Conclusion about immigration lawyers in El Paso Texas.
In conclusion, obtaining a green card through marriage to a U.S. citizen can be a long and complicated process. It is important to make sure that you meet all of the requirements and submit all of the necessary documentation. It is also important to be prepared to wait long periods of time while your application is processed with immigration lawyers in El Paso Texas.
Obtaining a green card through marriage to a U.S. citizen involves several steps, from proving your relationship to completing the necessary paperwork and attending interviews. By understanding the process, gathering the right documents, and preparing thoroughly, you can navigate this journey with greater confidence. If you have any questions, leave a comment below, and we’d be happy to help!
