The amount of time you need to be married before applying for a green card depends on your unique situation. If you and your spouse are applying for a green card from within the United States through the Adjustment of Status process, the length of your relationship before marriage matters. If you’ve been together for a long time before getting married, applying shortly after marriage is typically not a problem. However, if you have had a very short relationship before marrying and are applying for a green card soon after, USCIS might look more closely at your case.
How Do We Prove Our Marriage Is Real When Applying for a Green Card?
When applying for a green card through marriage, it’s not enough just to show that you’re married. You also have to prove that your marriage is real — in other words, that it is a genuine, bona fide relationship. U.S. Citizenship and Immigration Services (USCIS) requires this proof because it’s possible to enter into a marriage for the sole purpose of obtaining a green card.
Here’s how you can demonstrate that your marriage is genuine and that you and your spouse are building a life together:
Documents to Include with Your Application
As you gather the documents for your I-130 petition (the application for a marriage-based green card), you need to show the history of your relationship. For example, including several photos from over the years is stronger evidence than just a few recent photos from the last month.
A lack of proof showing that your marriage is bona fide is one of the most common reasons why USCIS denies I-130 petitions. Below is a list of documents that can strengthen your case:
Proof of Joint Finances
If you and your spouse have combined your finances, this is a strong way to show that you have a real, lasting relationship. Some examples include:
- Joint bank account statements with both of your names listed
- Titles or deeds for jointly owned property, such as real estate or vehicles
- Mortgage or loan documents showing joint responsibility
- Joint credit card statements listing both spouses as account holders or authorized users
- Joint auto, health, and home insurance policies that cover both spouses
- Life insurance policies listing each other as primary beneficiaries
Proof That You Live Together
Living together is a key indicator that your marriage is genuine. If you live together, you can provide documents like:
- Joint lease or mortgage documents with both spouses’ names
- Utility bills (electric, water, gas) showing both spouses’ names
- Property deed in both names
- Driver’s licenses with the same address
- Joint bank statements or insurance statements showing the same address for both spouses
- Letters from friends or family confirming that you live together
What if You Don’t Live Together?
Not living together can raise questions for USCIS, but it’s not an automatic disqualification. If you’ve been living apart, it’s essential to provide a clear explanation. Write a letter, signed by both spouses, explaining why you’ve been living apart (for example, for work or school) and your plans to move in together. You should also include supporting documents that prove your relationship is genuine, such as photos, communication records, or travel itineraries.
Proof of Children Together
If you and your spouse have children together, this is very strong evidence of your relationship. You can provide:
- Birth certificates listing both parents’ names
- Adoption certificates, if applicable
- School or medical records showing one spouse as the emergency contact for the children
- Family photos of you together with your children or stepchildren
Other Evidence of a Genuine Relationship
USCIS will also look for other proof that you and your spouse are building a life together. Some examples include:
- Photos from vacations or events you’ve attended together
- Travel itineraries or flight tickets showing trips taken as a couple, especially to the home country of the spouse seeking the green card
- Phone or chat records showing regular communication
- Wedding photos, including photos at the courthouse or celebrations with family
- Cards, letters, or emails you’ve sent each other
- Receipts for special gifts you’ve given each other (e.g., flowers, jewelry)
Stronger vs. Weaker Evidence
Not all documents are weighed the same by USCIS. Some documents provide stronger proof of a genuine relationship than others. Here’s a rough guide:
- Strong evidence: Joint bank accounts, joint leases, life insurance policies, joint utility bills, joint mortgages.
- Medium evidence: Travel itineraries, phone records, split utility bills, and text messages.
- Weaker evidence: Cards, single travel tickets, or affidavits from friends and family.
What to Expect During Your Marriage Green Card Interview
The green card interview is an important step in the process and is your second opportunity to show that your marriage is authentic. The details of the interview will depend on where the spouse applying for the green card currently lives.
- If the spouse seeking the green card lives abroad, the interview will take place at a U.S. Embassy or consulate in their home country. The sponsoring spouse does not need to attend this interview.
- If the spouse seeking the green card lives in the U.S., they will attend the interview at their local USCIS field office, and the sponsoring spouse must attend with them.
During the interview, the officer will ask questions about your relationship. Some questions may be straightforward, such as asking where you met and how your relationship developed. However, the officer may also ask very personal questions, like:
- Where did you meet?
- When did you get engaged?
- What side of the bed does your spouse sleep on?
- Do you use contraception? If so, what type?
Don’t be surprised if the questions feel very detailed — USCIS wants to ensure that the marriage is legitimate.
Special Situations
Some couples face unique circumstances, such as the spouse seeking a green card and not having a U.S. Social Security number (SSN). This can happen if the spouse originally entered the U.S. on a temporary visa before getting married to a U.S. citizen or green card holder.
If this is the case, the couple can still provide other documents as proof of a real marriage, such as:
- Travel documents like plane tickets showing you were on the same flight
- Photos from trips or vacations taken together
- Affidavits from friends or family members who can attest to the authenticity of the marriage (along with copies of their valid IDs).
Key Points about Marriage Duration and Green Card Application:
- No Minimum Requirement: Couples can apply for a green card immediately after getting married. The U.S. government does not impose a specific time frame that couples must wait before applying.
- Increased Scrutiny for New Marriages: While there is no official waiting period, marriages that are very recent may require additional documentation to prove that they are bona fide. This might include evidence of shared finances, joint living arrangements, or other indicators of a genuine relationship.
- Processing Times: Once the application process begins, the average time to receive a marriage-based green card can vary significantly based on factors such as whether the spouse is a U.S. citizen or a green card holder and where the couple resides. For example:
- If married to a U.S. citizen and living in the U.S., it typically takes about 9.8 months from application to approval.
- If married to a U.S. citizen but living abroad, the process may take around 14.3 months.
- For spouses of green card holders, processing times can extend up to 35 months, depending on various factors including backlog
Are there any specific requirements for marriages less than two years old
In many jurisdictions, marriages that are less than two years old may face specific requirements and considerations, particularly regarding the age of the parties involved and the legal framework governing marriage.
Age Requirements for Marriage
- Minimum Age: Most countries establish a minimum marriageable age, often set at 18 years. For instance, in Nigeria, while the Child Rights Act sets the minimum age at 18, variations exist across states, with some allowing marriage as young as 12 to 15 years in certain regions.
- Parental Consent: In many jurisdictions, individuals under 21 may require parental consent to marry. This is particularly relevant in statutory marriages where both parties must have parental approval if they are minors.
- Prohibited Degrees of Relationship: Marriages between individuals who are within prohibited degrees of kinship (consanguinity or affinity) are generally void. Couples must provide sworn affidavits confirming they are not closely related before a marriage certificate can be issued.
Legal Considerations for Recent Marriages
- Judicial Oversight: Some jurisdictions allow for judicial exceptions to age restrictions under specific circumstances, which can apply to recent marriages if there are compelling reasons presented to a judge
- Real Consent: The Matrimonial Causes Act emphasizes that consent must be genuine and free from duress or fraud1. This is crucial for marriages that are less than two years old, as any coercion could lead to annulment.
- Implications of Child Marriage: Marriages involving minors (under the legal age) can be deemed invalid or require judicial approval. In some cases, such marriages may be treated as child marriages, which carry significant legal implications and societal stigma.
What are the penalties for performing a marriage between minors
The penalties for performing a marriage between minors vary significantly depending on the jurisdiction and specific laws in place. Here are some key points regarding penalties under different legal frameworks:
India
- Prohibition of Child Marriage Act, 2006:
- Individuals who perform, conduct, or abet child marriages can face rigorous imprisonment of up to two years and/or fines. This applies to any adult involved in the marriage, including parents and guardians who fail to prevent it from happening.
- Specifically, a male adult marrying a child is punishable with up to two years of imprisonment or a fine.
Nigeria
- Child Marriage Restraint Act, 1929:
- Performing or directing a child marriage can result in simple imprisonment for up to three months or a fine. This applies unless the individual can prove they believed the marriage was not a child marriage.
- Additional penalties exist for parents or guardians who promote or permit such marriages, also subject to similar imprisonment terms and fines.
General Observations
- In various jurisdictions, penalties can include imprisonment, fines, or both. The severity often depends on factors such as whether the marriage was forced and the ages of those involved.
- In some countries, penalties may extend beyond imprisonment to include community service or warnings, particularly where the intent and circumstances of the marriage are considered.
Proving that you are married is a critical part of the marriage-based green card process. By providing strong documentation of your relationship, living arrangements, finances, and shared experiences, you’ll be better equipped to demonstrate to USCIS that your marriage is legitimate.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the U.S. straightforward and successful. Whether you’re applying for a K-3 Visa or a K-1 Visa, we handle every step—from preparing your application to gathering the required documents.
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Law and Visas has a strong record of helping clients secure the visas/permits they need to visit the United States. You can call us today at +234 812 5505 986 to learn how we can help you.
