If you’re wondering whether you can apply for a marriage-based green card, it’s essential to understand the eligibility criteria and the process involved. A marriage green card allows the spouse of a U.S. citizen or permanent resident to become a lawful permanent resident (green card holder) of the United States. While the process may seem complicated, most couples qualify for this type of green card if one spouse is a U.S. citizen or green card holder.
Who Qualifies for a Marriage Green Card?
To be eligible for a marriage-based green card, the following conditions must be met:
Legally Valid Marriage:
Your marriage must be legally valid in the country where it took place. This is usually proven by providing a marriage certificate and showing that any previous marriages were legally dissolved (through divorce, annulment, or death).
Genuine Relationship:
The marriage must be entered into in good faith, meaning it’s a genuine, bona fide relationship. It cannot be a marriage solely to obtain a green card.
Same-Sex Marriages:
Same-sex marriages have been treated the same as opposite-sex marriages since 2013 under U.S. immigration law. If you’re legally married to a U.S. citizen or green card holder, regardless of gender, you can apply for a green card.
Domestic Partnerships:
Domestic partnerships or civil unions are not recognized as marriages under federal law. To qualify for a marriage green card, you must be officially married.
Polygamy:
Polygamous marriages, where a person is married to more than one person at the same time, are not recognized under U.S. federal law. Even if polygamy is legally practiced in your home country, you cannot apply for a marriage green card if either spouse is married to someone else.
Requirements for the Petitioner (Sponsor)
The U.S. citizen or green card holder sponsoring their spouse must meet several requirements:
Valid Marriage:
The sponsor must be lawfully married to the beneficiary (the person applying for the green card).
Financial Support:
The sponsor must file an affidavit of support, promising to financially support their spouse. They must show that they earn at least 125% of the federal poverty level, and if they don’t meet this requirement, a joint sponsor can help.
Domicile Requirement:
The sponsor must live in the U.S. or prove their intention to return to the U.S. with their spouse if they currently live abroad. This can be shown with job offers, lease agreements, or financial investments.
Ineligibility to Sponsor:
There are three main reasons why a U.S. citizen or green card holder may be barred from sponsoring a spouse:
- Recent remarriage (for green card holders).
- Certain criminal convictions involve minors.
- If USCIS believes the sponsor is a danger to their spouse.
Requirements for the Beneficiary (Spouse Applying for the Green Card)
To qualify for a marriage green card, the beneficiary (the spouse applying for the green card) must meet these conditions:
Health Grounds:
The beneficiary must undergo a medical exam. They may be denied a green card if they have certain communicable diseases or mental health conditions, or if they haven’t had the required vaccinations. Waivers may be available in some cases.
Criminal History:
If the beneficiary has been convicted of serious crimes, they may be ineligible for a marriage green card. Some serious crimes, such as drug trafficking, don’t allow for waivers.
Immigration Violations:
The beneficiary can be denied if they have violated U.S. immigration laws, such as entering the U.S. on pretenses, overstaying a visa, or lying to USCIS or CBP officials.
Public Charge Grounds:
If USCIS believes the beneficiary will become dependent on public assistance (welfare or other government benefits), they may be denied a green card.
Who Signs What?
Here’s a quick overview of the forms that each spouse must sign during the marriage green card process:
The Petitioner (U.S. Citizen or Green Card Holder):
- Form I-130: Petition for an Alien Relative, to establish the relationship.
- Form I-864: Affidavit of Support, pledging financial support for the spouse.
The Beneficiary (Spouse Applying for Green Card):
- Form I-130A: Supplemental Information for Spouse Beneficiary.
- Form I-485: Application to Adjust Status (for applicants in the U.S.).
- Form DS-260: Application for an Immigrant Visa (for applicants outside the U.S.).
- Form I-765: Application for Employment Authorization (to work while waiting for approval).
- Form I-131: Application for Travel Document (to travel while your application is pending).
Frequently Asked Questions About Marriage Green Cards
Can We Apply If Neither of Us Is a U.S. Citizen or Green Card Holder?
No, to qualify for a marriage green card, at least one spouse must be a U.S. citizen or green card holder. However, if one spouse holds a temporary visa, the other may be able to apply for a dependent visa, which provides certain benefits but does not lead to permanent residence.
What If We Have Family in the U.S.?
If a family member is a U.S. citizen or green card holder, you may qualify for a family-based green card. This is not the same as a marriage green card, and the wait time will depend on your relationship with the sponsor.
Do I Need an Immigration Lawyer to Apply for a Marriage Green Card?
While you don’t need a lawyer, getting legal assistance can make the process smoother and increase your chances of success. Working with experts like Law and Visas can save you time and reduce the risk of mistakes.
Can I Sponsor My Undocumented Spouse for a Green Card?
Yes, it’s possible, but it depends on your specific situation. In some cases, you may need to apply for a waiver or adjust your status from outside the U.S. based on immigration violations or overstaying a visa.
A marriage-based green card is a valuable opportunity for spouses of U.S. citizens or permanent residents to gain permanent residency in the U.S. Understanding the eligibility requirements for both the petitioner and beneficiary can help streamline the application process. If you’re uncertain about any part of the process, seeking professional legal assistance can help ensure everything is for a successful application.
