Immigration Lawyer’s Guide to Marriage Based Green Cards
My name is Rod Armande and I am an Immigration Attorney based out of Los Angeles, California. I have attended hundreds of interviews with clients who are applying for a marriage based green card. In fact, one of the most common and fastest ways to get a green card is through marriage to a United States citizen (“USC”) or Legal Permanent Resident (“LPR”).
So what does it take to apply for a marriage based green card?
You must have entered into a “bona fide” marriage with a USC or LPR. Bona fide basically means that it is a real marriage (not a fake marriage for the purpose of just getting a green card). Please note that marriage results in conditional residence (CR) unless it is more than 2 years old at time of granting the immigrant status. Two-year period is measured from the date of the marriage to the date residency is granted. Thus, if a person obtained an immigrant visa at a U.S. embassy indicating that he is a CR, but he entered the U.S. after his marriage was more than 2 years old, he would enter as an LPR not a CR.
If you received CR, the petitioner (USC/LPR spouse) and the beneficiary (person with CR status) may file a joint petition to remove conditions on Form I-751. Joint petition must be filed within 90 days of 2nd anniversary of grant of CR status. Sometimes an interview follows and other times there is a waiver of the interview.
You must have been admitted or paroled into the United States if you are applying from within the United States. If you were not admitted or paroled into the United States, you may still be eligible to apply for a green card. However, you would need to do Consular Process and would most likely need an Unlawful Presence Waiver (if your unauhorized stay was longer than 6 months). Of course, there are nuances and other things to consider on a case by case basis so you would want to consult with an experienced immigration attorney to receive case specific advise.
You must not have been convicted of any serious crimes. Please note that being arrested for a crime does not necessarily mean you were convicted. Similarly, just because the arrest or conviction happened many years ago does not mean that it won’t show up in your background check — a common response I get from clients is that well it happened more than 10 years ago. It can still be an issue even though it may have happened more than 10 years ago. Also, even if you were convicted of a crime you still may be eligible to receive a green card. If you have been arrested or convicted, it is also important that you consult with an experienced immigration attorney to receive case specific advise.
The petitioner and beneficiary must have not been married to anyone else at the time they registered their marriage to each other. This means that if either or both of you were previously married, then you must recieve a final divorce decree (that is valid) before you get married to each other.
That the petitioner can provide financial support to the beneficiary. If the beneficiary’s income or assets are not sufficient, a co-sponsor may be used to fulfill this requirement.
What are the Steps?
File Form I-130, Petition for Alien Relative
File Form I-485, Application to Register Permanent Residence or Adjust Status
As an immediate relative, you may file your Form I-485 together (“concurrently”) with the Form I-130 filed on your behalf, while the Form I-130 is pending, or after the Form I-130 is approved (and remains valid). A USC spouse is an immediate relative. For other case types, please consult with an experienced immigration attorney before you file these two forms together.
What type of documents do you need? Here are some of the most common documents you need, but again, I would consult and hire an experienced immigration attorney to help you with this process to avoid any issues.
Birth Certificate
Marriage Certificate
Final Divorce Decrees (if applicable)
Financial Documents (tax documents, pay stubs, W-2s, letter from employers, etc.)
Proof of sponsor’s U.S. citizenship or permanent residence
Proof of lawful U.S. entry and status, if applicable
Police clearance certificate, if applicable
Court, police, and prison records, if applicable
Military records, if applicable
Immigration violation records, if applicable
Medical examiantion document
Current and expired U.S. visas
Current and expired Passports
For more information on Fiancé(e) (K-1) Visa click on the following link: https://www.rodarmandelaw.com/blog/immigration-lawyers-guide-to-fiance-k-1-visa
The content in this blog is for informational purposes only. Nothing stated herein should be construed as legal advice. It is for general purposes only and does not establish an attorney-client relationship. I strongly encourage you to seek legal counsel to assist you with your legal matter.
