Eligibility Requirements for Marriage-Based Immigration
Validity of the Marriage
To be eligible for a marriage-based green card, the marriage must be legally valid under the laws of the country where it took place. The United States Citizenship and Immigration Services (USCIS) respects marriages performed outside the U.S. if they were legally recognized in the jurisdiction where they occurred. This means that if your marriage is valid in the country where it happened, USCIS will likely honor it.
Bona Fide Relationship
The couple must prove that their marriage is genuine and not entered into solely for immigration purposes. This is known as having a “bona fide” relationship. To demonstrate this, you can provide evidence such as:
- Joint bank accounts
- Ownership of property together
- Photos and messages showing your relationship
- Having children together
- Affidavits from friends and family
These types of documents help show that your marriage is real and not just for obtaining a green card.
Admissibility
The individual applying for the green card must be admissible to the United States. This means that they must not have certain criminal records or health issues that would bar their entry. Some of the important admissibility criteria include:
- No serious criminal convictions
- Not being a public health risk
- Not being involved in terrorism or espionage
- Not having been previously deported
You can learn more about admissibility requirements on the USCIS Policy Manual.
Application Process for Marriage-Based Green Card
Adjustment of Status (AOS)
For couples where the foreign national spouse is already in the U.S., the Adjustment of Status (AOS) process is an option. This process lets the spouse apply for a green card without leaving the United States. Here are the key steps involved:
Step 1: File Form I-130 and Form I-485
- Form I-130 (Petition for Alien Relative): This form establishes the family relationship between the U.S. citizen or lawful permanent resident and the foreign national spouse.
- Form I-485 (Application to Register Permanent Residence or Adjust Status): This form is the main application for the green card.
Step 2: Submit Supporting Documents
- Certified marriage certificate.
- Joint bank account statements.
- Proof of termination of previous marriages (if any).
- Affidavits from friends and family attesting to the bona fide marriage.
Step 3: Biometrics Appointment
- The foreign national must attend a biometrics appointment where their fingerprints, photograph, and signature will be taken.
Step 4: Interview
- Both spouses must attend an interview at a USCIS office. This interview is to confirm that the marriage is genuine.
More detailed information can be found on the USCIS Green Card page.
Consular Processing
If the foreign national spouse is outside the U.S., they can use the Consular Processing method to get a green card. Here’s how it works:
Step 1: File Form I-130
- The U.S. citizen or lawful permanent resident must file Form I-130 with USCIS.
Step 2: National Visa Center (NVC) Processing
- After the Form I-130 is approved, the application goes to the National Visa Center (NVC). The NVC will ask for more forms like the Form I-864 (Affidavit of Support) and the green card application Form DS-260.
Step 3: Medical Examination
- The foreign national spouse must have a medical examination done by an approved doctor.
Step 4: Consular Interview
- The foreign national spouse must attend an interview at a U.S. consulate in their country. During this interview, a consular officer will confirm the genuineness of the marriage and decide on the green card application.
For further details, you can refer to the U.S. Department of State’s Immigrant Visa Process page.
Required Forms and Fees
Both Adjustment of Status (AOS) and Consular Processing require specific forms and fees. Here’s a quick list of what you’ll need:
- Form I-130: $535 filing fee.
- Form I-485: $1,225 filing fee, which includes a $85 biometrics fee.
- Form I-864: No fee if filed with the NVC.
- Form I-693: Fee varies depending on the medical provider.
Each form has detailed instructions, and following these closely is crucial to avoid delays. Learn more from the USCIS Forms page.
Required Documentation and Evidence
Marriage Certificate and Joint Documents
To prove that your marriage is real, you need to provide different kinds of documents. Some important documents include:
- Certified Marriage Certificate: This official document shows that you are legally married.
- Joint Bank Account Statements: These statements show that you share your finances.
- Insurance Policies: If you have joint insurance, it shows you share responsibilities.
- Joint Leases or Property Ownership: Owning or renting a place together proves you live as a married couple.
Having these documents helps USCIS see that your marriage is genuine.
Proof of Legal Eligibility and Previous Marriages
You must show that both of you are legally allowed to marry. Here’s what you need:
- Proof of Legal Eligibility: Documents that show you are allowed to marry. This might include proof of age and legal status.
- Proof of Termination of Previous Marriages: If you or your spouse were married before, you need to show that those marriages are legally ended. This could be divorce decrees or death certificates.
These documents help prove that your marriage is legal.
Affidavit of Support and Medical Examination
To support the foreign national spouse financially, the U.S. citizen or green card holder must submit an Affidavit of Support (Form I-864). This document is important for several reasons:
- Affidavit of Support: The U.S. spouse promises to support the foreign national spouse, so they won’t rely on government assistance. It shows that the U.S. spouse makes enough money to support both of them.
The foreign national spouse must also provide a medical examination and vaccination record (Form I-693):
- Medical Examination: This is done by a doctor approved by USCIS. It ensures the foreign spouse does not have any health conditions that would make them inadmissible.
- Vaccination Record: This shows that the foreign spouse has received necessary vaccinations.
By providing these documents, you help prove your marriage is real and that you meet the requirements.
Check out the USCIS Green Card page for more detailed information on the required documentation.
Timeline and Special Considerations
Timeline for Adjustment of Status and Consular Processing
The time it takes to get a green card through marriage can differ a lot. Here are the average times:
Adjustment of Status (AOS):
- Form I-130 Filing: 2-3 weeks for USCIS to send a receipt notice.
- Biometrics Appointment: Scheduled within a few weeks of filing Form I-485.
- Interview: Usually a few months after the biometrics appointment.
- Total Time: About 6-12 months for the whole process.
Consular Processing:
- Form I-130 Filing: 2-3 weeks for USCIS to send a receipt notice.
- NVC Processing: Several months after USCIS approval.
- Medical Exam: Must be done before the consular interview.
- Interview at U.S. Consulate: Usually a few months after NVC processing.
- Total Time: About 12-24 months for the whole process.
These times can change based on many factors, like case volume and additional background checks.
Special Considerations for Same-Sex Couples
Same-sex couples can also apply for marriage-based immigration benefits. Since the 2013 Supreme Court ruling in United States v. Windsor, the rules are the same for same-sex and opposite-sex couples.
Here’s what you need to know:
- The application steps and required documents are the same as for opposite-sex couples.
- You will still need to prove that your marriage is bona fide (real and not just for immigration purposes).
This ensures that all couples have the same rights and opportunities when applying for a green card through marriage.
Special Considerations for Battered Spouses
If your U.S. citizen spouse has been abusive, you have special options to protect yourself and still apply for a green card. You may be able to apply for protection through the Violence Against Women Act (VAWA).
Here are some key points:
- You can file a self-petition (Form I-360) without your spouse knowing.
- You will need to provide evidence of the abuse, such as police reports or medical records.
- You must still show that your marriage was entered into in good faith.
This helps protect individuals from staying in abusive relationships just to secure immigration status.
For more details, visit the USCIS Battered Spouse page.