While obtaining permanent residency (a green card) through marriage can often be the fastest way to gain residency in the United States, approval is not guaranteed. U.S. Citizenship and Immigration Services (USCIS) conducts a thorough review of these marriages to confirm their legitimacy and ensure compliance with immigration laws. Marriages entered into solely for the purpose of obtaining a green card are closely scrutinized and subject to denial.
Requirements
Only certain individuals qualify for the marriage-based green card process. Below are the key eligibility requirements:
- The marriage must be to a U.S. Citizen or Lawful Permanent Resident (LPR).
- The marriage must be legitimate, meaning it was not entered into solely to obtain a green card. Any prior marriages must be legally terminated before the current marriage.
- The foreign spouse must have entered the U.S. legally (e.g., with a visa or I-94) and retain proof of lawful entry, even if the visa or I-94 has expired.
- Canadian citizens typically are not required to present proof of entry, but if available, it should be provided.
- The U.S. Citizen or LPR spouse must not have any arrests or convictions involving violence or sexual offenses against a minor, as outlined by the Adam Walsh Child Protection and Safety Act.
- The foreign spouse must not have committed any Crimes Involving Moral Turpitude (CIMT) or other offenses that could render them inadmissible.
Forms Required for the Green Card Application
Once you confirm eligibility, the following forms must be submitted to USCIS:
- Petition for Alien Relative (USCIS Form I-130)
- Supplemental Information for Spouse Beneficiary (USCIS Form I-130A)
- Application to Register Permanent Residence (USCIS Form I-485)
- Affidavit of Support (USCIS Form I-864)
- Work Authorization (Optional) (USCIS Form I-765)
- Medical Examination Results (USCIS Form I-693)
- Travel Document Request (Optional) (USCIS Form I-131)
What’s Next?
Navigating the green card process can be complex, and consulting with an immigration attorney is highly recommended before starting your application. An immigration attorney will assess your unique circumstances and guide you through the process to ensure compliance with all regulations.
At the Lawyer Referral Service of Central Texas (LRS), we take the time to understand your needs and connect you with a professional, licensed attorney who is right for your case. Our network includes experienced attorneys with an average of 10 years in practice. Contact us today for a referral and get expert guidance through the green card process.
