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Green Card through Marriage 

Marriage-Based Green Card

 

The Green Card obtained by marriage is the most straightforward path to citizenship. In order to obtain this green card, the spouses must prove they are in a bonafide marriage. This means that the marriage was not entered into for the purpose of evading immigration laws and at the time of the marriage, the spouses intended to build a life together. The burden is on the petitioner to prove that the marriage is bonafide.

 

Given the amount of fraudulent marriages, this type of green card requires extensive documentation and receives extensive examination by the USCIS. It is highly recommended to use an attorney to complete this process. If you’re ready to apply for a green card for your spouse, contact us at (713) 909-0752 or email at admin@nslawpllc.com to set up an appointment. 

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Documentation to prove bonafide marriage

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  • Marriage certificate

  • Birth certificates of any children born to them; 

  • Joint income tax returns; 

  • Joint bank statements; 

  • Joint utility bills; 

  • Photo albums from the wedding, engagement photos, photos of trips, outings with friends

  • If previously married: 

    • Proof of termination of other marriage (divorce decrees)

    • The USCIS will likely ask to examine an overseas divorce 

    • If there were previous petitions, those will need to be included with the application 

 

Process

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  • The spouses file a petition I-130A once married; 

  • The spouses may also file an EAD (employment authorization) along with the petition, which should arrive approximately three months from the date of the application; 

  • USCIS will schedule a biometrics examination and set an interview date; 

  • Depending on where the spouse is located, may conduct an interview at the USCIS or a consular or US embassy abroad; 

  • At the interview, you will be asked very intimate questions regarding your relationship. It is highly recommended that you have an attorney walk you through the types of questions that may be asked. 

  • A conditional green card will be granted for two years. The applicant must apply to remove conditions within 90 days prior to the expiration of two years. 

  • The applicant will then obtain a green card without conditions, and may apply for citizenship two years and 9 months following that date. 

 

Potential Bars

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  •  Criminal history of either the petitioning spouse or the beneficiary; 

  • Incorrectly or untimely filed petition; 

  •  Initial entry into the US was unlawful or overstaying a visa; 

  • Unauthorized employment; or 

  • USCIS officer suspects fraud. If the officer suspects fraud, a few things may occur: 

    • They may deny the petition without further investigation

    • They may conduct a field investigation, which includes speaking with your neighbors, conducting a home visit, or requesting another interview. 

 

Certain bars may have waivers. It is important to be completely honest on your petition and list any violations in order to remedy them quickly. 

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Domestic Violence and the Green Card

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Many times, the petitioning spouse may use the green card as a method of keeping the beneficiary spouse in an abusive relationship. The beneficiary spouse may, however, have several remedies. Congress passed the Violence Against Women Act (VAWA), under which the abused spouse (man or woman) may still apply for a green card and naturalization under certain circumstances. In order to qualify, at a minimum the abused spouse must report the violence to the authorities and will still have to prove the requirements of a legitimate marriage. 

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Divorce with a Green Card Marriage

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Unfortunately for some folks who obtained their green card through marriage, the petitioning spouse may hold the green card over the beneficiary’s head throughout the marriage. Divorce does not necessarily hinder the beneficiary keeping their green card or applying for citizenship. However, this one is complicated. Each situation is unique depending on the reason for the divorce and date of separation and divorce. 

First and foremost, the applicant will always have to prove they entered into a bonafide marriage prior to applying for naturalization. Depending on whether the application for adjustment of status was approved, it could affect the applicant’s ability to naturalize. If an applicant in still within the conditional permanent resident status stage, the applicant will still need to file an I-751 joint petition to remove the conditions on residency within a specific time period. The joint requirement may be waived as long as the applicant can show they were not at fault for failing to file a joint petition. 

 

Consequences of a Sham Marriage 

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  • Under §275(c) of the Immigration and Nationality act, any individual who knowingly enters into a sham marriage for the purpose of evading any provision of the immigration laws can be imprisoned for not more than 5 years or fined $250,000 or both. 

  • Under §204(c) of the Immigration and Nationality act, a finding of fraud will forever bar the perpetrator from any immigration benefit  

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