MARRIAGE GREEN CARD

Do I Qualify for a Marriage Green Card?

If you entered the United States with a visa or were otherwise lawfully admitted, and later married a U.S. citizen, you are eligible for a Green Card as an Immediate Relative. The U.S. government does not limit the number of visas that it issues for Immediate Relatives of U.S. Citizens.

If you entered the United States without a visa or were not admitted, and later married a U.S. citizen, you are also considered an Immediate Relative. However, you must first obtain a Waiver to qualify for a Green Card. If the Waiver is granted, you will be pardoned for entering the U.S. unlawfully, and then you may proceed to obtain a green card through marriage.

What If I Entered the U.S. Legally, But Overstayed My Visa?

If you overstayed your visa, you do not need a Waiver to obtain Permanent Residency through marriage to a U.S. citizen. You can simply Adjust Status and obtain a green card if you are married to a U.S. citizen just as if your visa did not expire. Because you are considered an Immediate Relative of a U.S. citizen, you will still be allowed to obtain Permanent Residency because you made a legal entry into the U.S. and never left the country. However, you cannot work without authorization and if you do not apply for Adjustment of Status, you can be deported based upon your unlawful presence in the U.S.

How Exactly Do I Obtain a Marriage Green Card?

Obtaining a Marriage Green Card requires the submission of several petitions with lots of supporting documentation.

Our firm will make this easy for you as we obtain all the necessary information from you to complete the forms and include the required evidence. The first form to complete is the I-130. This petition is signed by the U.S. citizen who is seeking to sponsor their spouse for Permanent Residency. We also complete Form I-130A, which is signed by the spouse seeking to obtain a Green Card.

To support these two petitions, we will collect from you the following:

1) The U.S. citizen's birth certificate or passport; driver's license; and any evidence of a prior marriage, such as a divorce decree or a death certificate;

2) The marriage certificate of the U.S. citizen and the spouse seeking Permanent Residency;

3) Joint account statements to demonstrate a valid union, such as bank accounts, residential lease or mortgage, health insurance;

4) Wedding and family photographs;

5) Affidavits from persons who can attest to a valid marriage.

Along with the I-130, the I-130A, and all of the supporting documents, the spouse seeking a Green Card will sign the Form I-485, which is to Adjust Status and Obtain Permanent Residency. We will obtain all the required information from you and complete this form. We will also collect the following documents from you:

1) Your passport;

2) Your birth certificate (we will translate to English, if necessary);

3) Proof that you entered the U.S. legally (visa, expired or unexpired; and an I-94 record which we will obtain on your behalf);

4) Any evidence of a prior marriage, such as a divorce decree or a death certificate.

Can I Work or Travel Back Home While My Green Card Petitions Are Pending?

You cannot work without authorization and you cannot leave the U.S. while your Green Card Petitions are pending. If you leave the U.S. while the petitions are pending, the government will deny your petitions because they will consider them to be abandoned.

However, we will apply for both work and travel permits on your behalf at the same time we apply for the Green Card. The work permit is obtained by filing Form I-765 and the travel permit is obtained by filing Form I-131.

The I-485 generally takes about 12-14 months to be approved; however, the I-765 and the I-131 take about 6-8 months. This will enable you to begin working well before the Green Card is approved. If the I-131 is approved before your I-485 is approved, you will also be allowed to return to the U.S. after a foreign trip. However, unless there is a real emergency it is best advised to stay put until you obtain Permanent Residency.