Obtaining A Marriage-Based Green Card: A Comprehensive Guide
28 October 2024Author: US green card lawyer Alena Shautsova
Millions of I -130 marriage based applications are being submitted with USCIS each year. I-130 form is the first step towards marriage based green card for a non-citizen who married a US citizen or a green card holder.
As a seasoned immigration lawyer based in New York, I have assisted many clients through the intricate process of obtaining a marriage-based green card. This article will cover the essential aspects of this process, including the I-130 filing, processing times, requirements for proving a bona fide marriage, the two-year conditional green card, the USCIS interview, types of evidence required, and valuable advice if the I-130 is denied. Whether you’re a U.S. citizen or lawful permanent resident (LPR) looking to secure a green card for your spouse, this guide is intended to help you navigate the process effectively.
1. Filing Form I-130 for a Marriage-Based Green Card
To begin the marriage-based green card process, the U.S. citizen or LPR spouse must file Form I-130, Petition for Alien Relative, with the U.S. Citizenship and Immigration Services (USCIS). The purpose of the I-130 is to establish a qualifying family relationship between the petitioner (the U.S. citizen or LPR) and the beneficiary (the foreign spouse).
Key Steps in Filing the I-130:
- Complete the Form Accurately: The petitioner must accurately fill out the form and provide all necessary information about themselves and their spouse. Errors or omissions can lead to delays or even denial. Make sure to correctly answer the questions about the processing of the application: adjustment of status or consular processing, as well as questions if the petitioner ever filed I 130 for anyone else.
- Submit the Filing Fee: As of 2024, the I-130 filing fee is $675, although this fee may vary if USCIS adjusts its fee schedule.
- Attach Required Documentation: The petition should include a marriage certificate and proof of U.S. citizenship or LPR status. Other relevant documents, such as divorce decrees from prior marriages, may also be necessary to prove the legality of the marriage. These documents are the key in avoiding possible charge under INA 204(c ) or marriage fraud. Examples of such documents may include:
Financial Documents
- Joint bank account statements showing both names demonstrating that both spouses contribute and both are spending money to/from the same account
- Joint tax returns, transcripts and credit card statements.
- Life or health, home and/or car insurance policies listing each other as beneficiaries.
Property and Residence Evidence
- Lease or mortgage documents with both spouses’ names.
- Deeds for jointly owned property.
- Utility bills showing the same address for both
Photos and Communication Records
- Photos from family gatherings, holidays, or vacations.
- Email or chat logs and social media posts evidencing ongoing communication
Affidavits from Friends and Family
- Statements from people who know the couple, attesting to the authenticity of the marriage. These people should be US citizens or permanent residents.
Official Documents and IDs
- Jointly issued IDs or driver’s licenses with the same address.
- Birth or adoption certificates for children showing both spouses as parents.
2. Understanding Processing Times for Form I-130
The processing times for an I-130 petition depend on several factors, including the petitioner’s immigration status and the USCIS service center handling the case. For example:
- Petition by a U.S. Citizen: Generally processed faster, averaging 7-10 months.
- Petition by a Lawful Permanent Resident: These petitions may take 10-15 months due to additional processing requirements.
The availability of immigrant visas also plays a role. For example, spouses of U.S. citizens are considered "immediate relatives" and are not subject to annual visa quotas, whereas spouses of LPRs may face longer wait times due to visa backlogs.
3. Proving a Bona Fide Marriage
One of the most critical aspects of a marriage-based green card application is proving that the marriage is genuine and not solely for immigration benefits. USCIS requires substantial evidence to establish a bona fide marriage. The following types of evidence can help demonstrate a real marriage. For many, gathering this documentation can feel invasive, but it is crucial for demonstrating a bona fide marriage. Working with an experienced immigration lawyer can make the process easier and more organized.
4. The Two-Year Conditional Green Card
For couples married for less than two years at the time the green card is issued, USCIS grants a two-year conditional green card instead of a ten-year one. This conditional status exists to prevent fraudulent marriages.
Requirements for Removing Conditions
To remove the conditions, the couple must jointly file Form I-751, Petition to Remove Conditions on Residence, within 90 days before the green card's two-year expiration date. The couple must again provide proof of a genuine marriage at this stage. Failure to file the I-751 can result in the termination of residency status and potential deportation proceedings.
If the marriage has ended in divorce or annulment, the conditional resident may still apply for a waiver to remove the conditions but must demonstrate that the marriage was entered into in good faith.
5. Preparing for the USCIS Interview
The USCIS interview is an essential step in the marriage-based green card process, designed to evaluate the relationship's authenticity. Here are some key points to keep in mind:
- Review Application Details: Before the interview, review all documents and responses in the application. USCIS officers often ask questions based on information submitted in the I-130 and green card applications.
- Expect Personal Questions: The officer may ask questions about each other's lives, such as work schedules, family relationships, and daily routines, to gauge the relationship's genuineness.
- Be Honest: Any inconsistencies between the couple’s answers or conflicting information could raise red flags. Always answer truthfully and ask for clarification if you don’t understand a question.
Having an attorney accompany you to the interview can help ensure you’re prepared and alleviate some of the anxiety around the questioning process.
6. Types of Evidence Needed
Beyond proving a bona fide marriage, other forms of evidence are essential for a marriage-based green card application. These include:
- Identification Documents: Both parties must provide identification, such as passports and government-issued IDs.
- Proof of Lawful Entry for the Beneficiary: For applicants adjusting their status within the U.S., documents showing lawful entry (e.g., I-94 record) are crucial.
- Criminal Records (if applicable): If either spouse has a criminal record, certified copies of court documents are often necessary to clarify the situation.
7. What to Do If the I-130 Is Denied
In some cases, USCIS may deny the I-130 petition. Common reasons for denial include insufficient evidence of a bona fide marriage, failure to disclose prior marriages, or discrepancies in the couple’s responses. Here’s what you can do if your I-130 is denied:
- File a Motion to Reopen or Reconsider: If you believe the denial was due to an error, you may file a motion to reopen or reconsider the decision. This involves presenting new evidence or clarifying information.
- Reapply with Additional Evidence: Strengthen your case with additional documentation and submit a new I-130 petition.
- Appeal to the Board of Immigration Appeals (BIA): For some cases, appealing the decision to the BIA is an option, though this is often a lengthier process.
Useful Tips and Conclusion
Navigating the marriage-based green card process can be daunting, but careful preparation and a clear understanding of each step can improve your chances of success. Here are some useful tips:
- Consult with an Immigration Lawyer Early: Working with a knowledgeable immigration lawyer, especially one experienced in marriage-based green cards, can help avoid common mistakes and delays.
- Prepare Thoroughly for the USCIS Interview: Review your documentation and practice answering common interview questions.
- Stay Informed of Changes in Immigration Policy: Immigration rules and processing times can change. Staying up to date or consulting with a lawyer who is informed about recent developments can benefit your case.
- Document Your Relationship Consistently: Regularly update and organize shared financial records, photos, and other evidence throughout the marriage. This can simplify both the initial green card application and any future applications to remove conditions.
A marriage-based green card is a pathway to lawful permanent residency in the United States. If you have questions or concerns about your case, please contact our law office. We are here to help you every step of the way in obtaining your marriage-based green card and achieving your immigration goals. Talk to us 917 885 2261.