Marriage-Based Green Cards
Spouses of U.S. citizens and permanent residents can be sponsored for green
cards. Like other family-based categories, the sponsoring relative must
file a petition with U.S. Citizenship and Immigration Services (USCIS) to prove
your qualifying relationship.
Spouses of U.S. Citizens
Spouses of U.S. citizens can apply for lawful permanent residence as soon as
they are married. The petitioning U.S. citizen must first provide proof of
citizenship and documents showing the marriage was entered into in good faith.
Adjustment of Status
If the foreign spouse is already in the United States, he or she can file the
Adjustment of Status (Form I-485) application at the same time as the immigrant petition (Form I-130), plus applications for work authorization and travel documents. After initial processing of your applications, you will be scheduled for an interview at the local USCIS office. During the interview, the officer will review your application and ask questions to determine your eligibility.
Consular Processing
If your foreign spouse is outside of the United States, you can still file the
immigrant petition (Form I-130), but the rest of the process will be handled by
the U.S. Department of State and the U.S. Consulate in the country where your
spouse resides. If you would like to bring your spouse to the United States
sooner, you can apply for a K-3 visa, which allows them to come to the U.S. and apply
through the Adjustment of Status process.
Documents
In most cases, you will need to gather the following documents:
U.S. Citizen Spouse
- Birth certificate (long form, including your parents’ names)
- Proof of citizenship (US Passport ID page, Naturalization Certificate)
- W-2 wage report (most recent)
- Federal income tax returns (last 3 years)
- Employment verification letter
Foreign Spouse
- Birth certificate (long form, including your parents’ names)
- Current passport (a copy of every page)
- I-94 card (stapled in your passport)
- Extension of status approval notices
- Immunization records
Proof of Good-Faith Marriage
- Marriage certificate
- Divorce decrees from any prior marriages
- Wedding and other photos of both of you with family and friends
- Additional proof of a bona fide marriage
Spouses of Lawful Permanent Residents
Lawful permanent residents may also sponsor their spouses for green cards by
filing an immigrant visa petition (Form I-130) with USCIS. Once the
petition is approved, the foreign spouse must wait for an immigrant visa number
in the 2A category.
If the filing date on the approved I-130 petition
comes before the date listed in the Visa Bulletin
for the current month, then the foreign spouse can finally submit the final
green card application through Adjustment of Status or Consular Processing,
depending on whether the spouse is already in the United States.
Documents
Petitions filed by lawful permanent residents on behalf of their spouses need to
include the following documents:
Lawful Permanent Resident Spouse
- Birth certificate (long form, including your parents’ names)
- Permanent Resident Card
Foreign Spouse
- Birth certificate (long form, including your parents’ names)
- Current passport (ID page)
- I-94 card (stapled in your passport)
- Proof of current status and prior extensions (if currently in U.S.)
Proof of Good-Faith Marriage
- Marriage certificate
- Divorce decrees from any prior marriages
- Wedding and other photos of both of you with family and friends
- Additional proof of a bona fide marriage
Bona Fide Marriage
To document your good-faith marriage, include photos and documents showing you
have a shared life together. For couples who have been married for a
while, you should consider including documents such as the following:
- lease or mortgage contracts showing joint occupancy and/or ownership
- joint savings and checking account statements
- joint federal tax returns
- insurance policies showing the other spouse as a beneficiary
- joint utility bills
- joint loans
- itineraries for any trips you took together
- birth certificates for any children
- religious marriage certificate if there was a church wedding
- updated driver’s license, credit cards, or other documents showing the married
name
For newly-married couples who may not have any of the above documents, you can
include other evidence, such as:
- copies of letters, cards, emails, and phone records
- copies of receipts for engagement ring and other major purchases
- itineraries for any trips taken together or to visit each other
- letters from family and/or friends commenting on your engagement
How do I file?
General instructions are included with the I-130 relative petition, and USCIS
posts updates and fees on its web site. The I-130 petition is a legal case and
mistakes or misrepresentations can jeopardize your spouse's chances of ever
immigrating to the United States.
You should carefully review the eligibility
requirements, then talk with an immigration lawyer
about the specific circumstances of your case. D.Ray Mantle assists clients by
making sure the petition is complete and includes all of the necessary evidence
to support your spouse's eligibility.
What happens after I file?
After your petition is filed, USCIS will mail you an official receipt so you can
track the processing of your case. If your petition is incomplete, USCIS may
have to reject it, or ask you for more evidence or information, which will delay
processing. Working with an
experienced
immigration attorney from the beginning will help you avoid errors and
delays.
Normally, when USCIS approves the petition, notice will be sent to the U.S.
State Department’s National Visa Center (NVC). Once your spouse’s place in line
for a visa number is reached, the NVC will notify you and your relative,
inviting him or her and qualifying dependents to apply for immigrant visas at
the nearest U.S. Embassy.
Conditional Green Cards
If you have been married for less than two years when the green card application
is approved, the foreign spouse will receive a conditional green card. Learn
more about the additional filing requirements to
Remove
Conditions.
Help with Marriage-Based Immigration
D.Ray Mantle assists families in obtaining positive immigration results in a timely, personal, and professional manner. Your individual circumstances are carefully reviewed by an experienced immigration attorney to determine which options are available to you. Mr. Mantle provides guidance and help in gathering the necessary information and documents for your case, prepares all of the necessary application forms, and ensures that your final applications meet all government requirements.
If you would like to understand more about the application process and to find out if you qualify for a family-based green card, please contact D.Ray Mantle for a consultation.