Introduction to Marriage Based Green Card

Navigating the complexities of U.S. immigration law can be daunting, especially when it comes to applying for a marriage-based green card. This guide will provide a detailed, step-by-step process to help you understand and successfully apply for a marriage-based green card.

What is a Marriage Based Green Card?

A marriage-based green card allows the spouse of a U.S. citizen or lawful permanent resident to live and work permanently in the United States. This type of green card is one of the most common pathways to U.S. residency.

Eligibility Criteria

U.S. Citizenship or Residency To qualify, one spouse must be a U.S. citizen or a lawful permanent resident.

Legitimate Marriage The marriage must be legally recognized and bona fide, meaning it is genuine and not entered into solely for immigration purposes.

Key Documents Required

1. Proof of Citizenship or Residency - Birth certificate, passport, or green card.

2. Marriage Certificate - Official document proving the marriage.

3. Proof of Bona Fide Marriage - Joint bank accounts, property deeds, photos, etc.

Step-by-Step Application Process

Step 1: File Form I-130 The U.S. citizen or permanent resident spouse must file Form I-130, Petition for Alien Relative, to establish the relationship.

Step 2: Receive Form I-130 Approval Once the I-130 is approved, the next steps depend on whether the foreign spouse is inside or outside the U.S.

Step 3: File Form I-485 or Consular Processing

• If Inside the U.S.: File Form I-485, Application to Register Permanent Residence or Adjust Status.

• If Outside the U.S.: Undergo consular processing through the National Visa Center (NVC).

Step 4: Attend Biometrics Appointment Applicants will be scheduled for a biometrics appointment to provide fingerprints, photos, and a signature.

Step 5: Attend the Interview Both spouses will be interviewed by a USCIS officer to verify the authenticity of the marriage.

Step 6: Receive the Decision After the interview, USCIS will decide on the green card application. If approved, the foreign spouse will receive their green card.

Common Challenges and How to Overcome Them

Proving a Bona Fide Marriage Ensure you have ample documentation, including photos, joint financial statements, and affidavits from friends and family.

Interview Preparation Be honest and consistent in your answers. Practice common questions with your spouse beforehand.

Timeline and Processing Times

The processing time can vary. Generally, it takes:

• 6-12 months for Form I-130 approval.

• 8-14 months for Form I-485 or consular processing.

Costs and Fees

The total cost can range from $1,200 to $1,760, including:

• Form I-130 filing fee.

• Form I-485 filing fee.

• Medical examination fee.

Post-Green Card Approval

Conditional Green Card If married for less than two years, the foreign spouse will receive a conditional green card, valid for two years.

Removing Conditions To remove the conditions, file Form I-751 within 90 days before the card expires.

Rights and Responsibilities of a Green Card Holder

Green card holders can:

• Live and work permanently in the U.S.

• Travel in and out of the U.S.

• Apply for citizenship after three years.

Renewal and Replacement

Green cards are valid for ten years and must be renewed using Form I-90. In case of loss or damage, also file Form I-90 for replacement.

FAQs

Can I work while my application is pending? You can apply for a work permit using Form I-765.

What if my application is denied? You can appeal the decision or reapply with additional evidence.

Conclusion

Applying for a marriage-based green card requires careful preparation and understanding of the process. By following this guide, you can increase your chances of a successful application and start your new life together in the United States.

Resources

• USCIS Form I-130

• USCIS Form I-485

• National Visa Center

• Fibi Law Firm

Feel free to reach out to Fibi Law Firm for personalized assistance with your immigration needs.