What Is A Marriage Green Card?

A non-citizen marrying a U.S. citizen can lead to many questions related to immigration. Does this make one eligible to apply for a Green Card? Can an individual automatically live and work in the United States after the wedding? The answer is it depends. There are certain factors that an immigrant has to consider to gain permanent residency and be able to live in the country. 

Learn what you need to know about a marriage Green Card and how an immigration lawyer assists in the process.

What Is A Marriage Green Card?

A marriage Green Card permits a foreign spouse of a U.S. citizen or permanent resident to live and work in the United States. It is for spouses married to U.S. citizens and permanent residents living in the country with a spousal visa.

How To Get A Marriage Green Card

To obtain a marriage Green Card, the foreign spouse must be legally married to a U.S. citizen or permanent resident. The U.S. spouse must petition for their spouse to receive a Green Card by filing Form I-130, Petition for Alien Relative. The foreign spouse will then need to complete and submit a Form DS-260, Immigrant Visa Electronic Application, and provide supporting documentation. It includes proof of the legal marriage, proof of the U.S. spouse’s citizenship or permanent resident status, and evidence of any prior marriages.

If the foreign spouse is already in the United States, they may be able to apply for a Green Card through the process of “adjustment of status.” It allows them to apply for a permanent resident card without leaving the United States. If the foreign spouse is outside the United States, they must go through consular processing, which involves applying for a visa at a U.S. embassy or consulate in their home country.

What Happens After Approval

Once the foreign spouse’s application has been approved, they will receive a conditional Green Card, which is valid for two years. After two years, the foreign spouse can apply to have the conditions removed and receive a permanent Green Card. The couple must file Form I-751, Petition to Remove Conditions on Residence, together. They must provide evidence of their ongoing relationships, such as joint financial documents, photos, and other relevant documentation.

Is Approval Guaranteed?

Take note that a marriage Green Card is not guaranteed. The U.S. government takes marriage fraud very seriously. That said, the couple needs to provide documentation and evidence of their genuine relationship. The application may be denied if the government has reason to believe that the marriage is a sham.

In addition to allowing the foreign spouse to live and work in the United States, a marriage Green Card enables the spouse to travel in and out of the country and apply for a social security number and a driver’s license. It also lets the spouse sponsor their family members in the future.

How An Immigration Attorney Can Help

Applying for a marriage Green Card can be daunting. To help ease the burden on you, it’s a smart idea to look for an immigration lawyer. Lincoln-Goldfinch Law has helped spouses of citizens and residents gain their Green Cards. The lawyers at the firm have extensive experience handling residency concerns, increasing your chances of getting approval.

Summary

A marriage Green Card is a valuable document that allows a foreign spouse to live and work in the United States with their U.S. citizen spouse. It requires a lot of documentation and evidence, and applying for one won’t assure approval. In the end, however, it can be rewarding for couples committed to building a life together in the United States. For a better chance of success, it’s best to seek an immigration attorney.

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