Top 10 FAQ on Marriage-Based Green Card Applications
Image by StockSnap from Pixabay. What documents do I need to submit with my marriage-based green card petition? What questions will I be asked during the green card interview? How much do I need to make in order to file a green card petition for my spouse? I received a green card through marriage, when can I apply for citizenship? My spouse and I have divorced. Can I still continue with the green card process? Find out the answer to these and other frequently asked questions regarding marriage-based green card applications in our FAQ blog post.
What documents do I need to submit with my green card application?
A marriage-based green card petition must demonstrate that the couple entered into a bonafide marriage and that they plan to live a life together. Some types of documents we recommend submitting with the application are below. Follow this link for more information about documentation required to prove a bonafide marriage, including specific examples.
Proof of family relationship
Documentation showing joint ownership of property
Proof of joint residence
Documentation showing commingling of finances
Birth/adoption certificates of children in common
Affidavits of people who can attest to the bona fides of the marriage
Any other relevant documentation to establish that there is an ongoing marital union
What questions will I be asked during the green card interview?
The U.S. Citizenship and Immigration Services (USCIS) often conducts interviews for immigration petitions based on marriage to make sure that the marriage is real. They describe a real marriage as being “bona fide” or “legitimate.” The USCIS is concerned about people getting getting married solely for immigration purposes. In general, a marriage interview follows the following pattern below.
You will be asked to provide original documentation showing your nationality and proof of your marriage.
You will be questioned about how the relationship developed and why you got married.
The officer will ask you questions from the forms that you have submitted to verify that all information provided is up-to-date and accurate.
You may be asked very detailed and very personal questions so the officer may determine how well you know each other and to see if you are really living together.
You will be asked to provide copies of documentation evidencing that you have a bona fide, or legitimate, marriage.
What is a second interview called a “Stokes Interview?”
A Stokes Interview is very different from a regular first interview. Typically, it occurs when the officer suspects marriage fraud or when the officer needs more information that cannot be obtained or verified at the first interview. The spouses will be interviewed separately by the officer who will look for inconsistencies in the testimonies.
Through this questioning, the Officer elicits information that they will then later ask of the petitioner. When the Officer is finished interviewing the beneficiary, they lead the beneficiary to the waiting room and question the petitioner alone to see if all of the answers to the questions match. If all of the answers were the same, or if there were only minor inconsistencies (different answers), then, the Officer may decide that the testimony demonstrated a bona fide marriage. If the Officer believes the inconsistencies are significant, you will have an opportunity to explain why your answers are different. And then, the officer will make a decision about your application.
How much do I need to make in order to file a green card petition for my spouse?
One of the requirements of a marriage-based petition is that the petitioning spouse must be able to financially support the beneficiary spouse. The U.S. citizen or permanent resident spouse must be able to show that their household income is equal to or higher than 125% of the U.S. poverty level for their household size. (Your household size includes you, your dependents, any relatives living with you, and the immigrants you are sponsoring.) For more information about the affidavit of support, please follow this link.
I am unemployed or don’t meet the income requirements to petition for my spouse. Does this mean I cannot file a green card petition for my spouse?
Unemployment or low income should not be barrier for a petitioner to file a green card application in order for their spouse to be able to join them in the United States. If you are not able to meet the income requirements for a sponsor, you may ask another individual to become a joint sponsor. A joint sponsor is someone who is willing to accept legal responsibility for supporting your family member with you. A joint sponsor must meet all the same requirements as you, except the joint sponsor does not need to be related to the immigrant. The joint sponsor (or the joint sponsor and his or her household) must reach the 125% income requirement alone. The principal sponsor cannot combine your income with that of a joint sponsor to meet the income requirement.
I received a green card through marriage, when can I apply for citizenship?
If you have received your permanent residence through marriage, in certain cases, you may not have to wait the standard 5 years of permanent residency to apply for citizenship. If you meet the following requirements, you may apply for citizenship after 3 years of permanent residence:
You are at lest 18 years of age;
You have been living in marital union with your U.S. citizen spouse during the three years immediately before the date you file your application and while USCIS adjudicates your application;
Have continuously resided in the United States as a lawful permanent resident for at least three years;
Be able to read, write and speak English and have knowledge and understanding of U.S. civics and
Be a person of good moral character, attached to the principles of the Constitution of the United States.
My green card expires in two years, what do I need to do to get a 10-year green card?
If you have been married less than two years when you receive your green card, you likely have been issued a conditional green card. A conditional green card is different from the 10-year green card. You cannot renew a 2-year conditional green card. You must file a separate application 90 days before the second anniversary of your admission to the United States as a conditional resident.
What documents do I need to include with my I-751 Removal of Temporary Conditions application?
You would need to provide a copy of your conditional green card and evidence that you entered the marriage in good faith. This could include evidence that show that you continue to live together, such as mortgage or lease documents; evidence of shared assets, joint bank accounts, or joint tax filings; birth certificates of children born since your marriage; family photographs and sworn affidavits from friends. Click here for more information about the I-751 Application.
My I-130 Spousal Application for my spouse living overseas was approved at USCIS. What is the next step?
The next step is for your spouse to be interviewed at a consulate overseas. After your I-130 is approved, USCIS will send the approval to the National Visa Center (NVC), the agency responsible for collecting documents related to green card application. NVC will send you an email with online login information to the Department of State's Consular Electronic Application Center (CEAC) where you will pay fees and upload the documentation. The beneficiary spouse will also have to complete the DS-260 Visa Application and obtain documents such as police certificate and medical exam prior to the interview. For more information about the consular process, please follow this link.
My spouse is undocumented. May I file a marriage-based application for him?
If your spouse is undocumented, then they are likely to be “inadmissible,” which means that they are not able to get a green card or immigrant visa unless they apply for a waiver. An immigration waiver forgives the inadmissibility allowing them to move forward with the green card application. Waivers are discretionary and are generally granted to those who are able to demonstrate extreme hardship to qualifying relatives who are U.S. citizens or green card holders. Applying for an immigration waiver is a discretionary application and it can be a complicated and lengthy process, so seek the advice of an experienced immigration attorney.
If you are filing for a marriage-based green card, we recommend that you consult with an immigration attorney to help you determine how to present your case to USCIS in the best possible light. The green card process is a lengthy process and could get complicated depending on your circumstances. If you are applying for a green card based on marriage and need our assistance, please contact us. We are here to help. Follow us on Instagram, Twitter, Facebook, LinkedIn and Tumblr, for up-to-date immigration news.
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