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To obtain a green card through marriage, you must meet the following requirements:
1. Legal Marriage: Your marriage must be recognized as valid by the U.S. government for immigration purposes.
2. Sponsorship by a U.S. Citizen or Green Card Holder: You must be sponsored by your U.S. citizen spouse or green card holder spouse.
3. Proof of Marriage: You must provide evidence of your marriage, such as a marriage certificate.
4. Legal Entry into the U.S.**: If you are living in the U.S., you must have entered legally.
5. No Criminal History: You must not have a criminal history that would make you ineligible for a green card.
6. Health Requirements: You must meet the required health standards.
Pros and Cons of Marriage-Based Green Card
Pros
- Faster Approval: Marriage-based green cards are typically approved faster than fiancé visas.
- Work Permit: You can work in the U.S. while your green card application is pending.
- Permanent Residency: Once you have been married for more than two years, you can receive a 10-year green card.
Cons
- Lengthy Process: The process can take 9–38 months and costs $1,400–$1,960.
- Documentation: You must provide extensive documentation to prove the legitimacy of your marriage.
- Risk of Fraud: There is a risk of fraud if the marriage is not genuine.
Requirements for maintaining a marriage green card
To maintain a marriage green card, you must:
1. Maintain a Bona Fide Marriage: Ensure that your marriage remains genuine and not solely to obtain a green card.
2. Reside Together: Live with your spouse in the United States.
3. Maintain Financial Support: Continue to provide financial support for your spouse, if applicable.
4. File Taxes Jointly: File your tax returns jointly with your spouse.
5. Update Address: Notify USCIS of any changes in your address within 10 days of moving.
6. Comply with Immigration Laws: Abide by all U.S. immigration laws and avoid any criminal activity.
7. Attend Green Card Interview: Attend the green card interview when required.
Additionally, you must renew your green card every 10 years if you have been married for more than two years before applying for your green card.
Requirements for proving cohabitation for a marriage green card
To prove cohabitation for a marriage green card, it is essential to provide evidence that your marriage is genuine, even if you do not live together.
While cohabitation is important evidence, it is not the only way to prove the authenticity of your marriage. If a couple does not live together, they can present a convincing explanation as to why they are living apart.
This explanation should be in the form of a signed letter by both spouses addressing USCIS or “To Whom It May Concern.” The letter should explain why they live separately when they plan to live together, and the address where they intend to live together.
Additionally, other solid evidence can be collected to support the authenticity of the marriage, such as proof of joint parenting if the couple has children, including birth certificates, legal custody documents, child expense statements, family photographs, and third-party testimonials.
Documents that are accepted as proof of cohabitation for a marriage green card
To prove cohabitation for a marriage green card, you can submit various documents as evidence, including:
1. Lease Agreement or Mortgage Statement: Provide a lease agreement or mortgage statement with both spouses’ names on it.
2. Utility Bills: Submit utility bills (water, electricity, gas, cable, internet, etc.) in both spouses’ names.
3. Joint Bank Account Statements: Include statements from joint bank accounts.
4. Insurance Policies: Provide insurance policy documents with both spouses’ names on them.
5. Joint Tax Returns: Submit joint tax returns as evidence of cohabitation.
6. Other Official Documents: Any other official documents that show you live at the same address can also be included.
However, if you lack these documents, you can consider submitting an affidavit from a friend or family member attesting to the fact that you live together.
The process for submitting evidence of cohabitation for a marriage green card
To submit evidence of cohabitation for a marriage green card, you should provide the following documents:
1. Lease Agreement or Mortgage Statement: A lease agreement or mortgage statement with both spouses’ names on it.
2. Utility Bills: Utility bills (water, electricity, gas, cable, internet, etc.) in both spouses’ names.
3. Joint Bank Account Statements: Joint bank account statements.
4. Insurance Policies: Insurance policy documents with both spouses’ names on them.
5. Joint Tax Returns: Joint tax returns.
6. Other Official Documents: Any other official documents that show you live at the same address.
If you lack these documents, you can consider submitting an affidavit from a friend or family member attesting to the fact that you live together.
How long does cohabitation need to be proven for a marriage green card?
To prove cohabitation for a marriage green card, the requirements vary based on the length of the marriage at the time of green card approval:
1. Less Than Two Years of Marriage: If you have been married for less than two years at the time of green card approval, you will receive a CR1 (conditional) green card.
This card is valid for two years. During the 90-day period before the conditional green card expires, you must file Form I-751 to remove the conditions on your residence. USCIS will re-evaluate your marriage to ensure its authenticity.
2. More Than Two Years of Marriage: If you have been married for more than two years when your green card is approved, you will receive an IR1 (immediate relative) green card, which is permanent and valid for 10 years.
Renewing this 10-year green card is usually a straightforward process and does not require proving the authenticity of your marriage again.
Benefits of obtaining a marriage green card for the us citizen spouse
The benefits of obtaining a marriage green card for the U.S. citizen spouse include:
1. Maintaining Permanent Resident Status: The U.S. citizen spouse can maintain their permanent resident status if they have a green card, allowing them to legally remain in the country.
2. Work Permit: The foreign spouse can apply for a work permit, enabling them to work legally in the United States.
3. Immigrant Visas: Foreign spouses married to U.S. citizens qualify for immigrant visas, facilitating the process of obtaining a green card and becoming a lawful permanent resident.
4. Pathway to Citizenship: The U.S. citizen spouse can petition for U.S. citizenship after three years of being a lawful permanent resident, as long as the marriage remains intact.
5. Adjustment of Status: The process allows for the adjustment of status upon marrying a U.S. citizen, enabling the foreign spouse to apply for a green card without leaving the country.
6. Family Benefits: Citizen spouses can petition for their children to become U.S. citizens and bring them to the United States under certain conditions
Can a marriage green card holder apply for citizenship?
Yes, a marriage green card holder can apply for U.S. citizenship after meeting certain requirements. The specific timeline and eligibility criteria for naturalization can vary based on factors such as the length of marriage, continuous residence in the United States, and meeting the necessary criteria outlined by the USCIS.
Generally, a green card holder can apply for U.S. citizenship after being a lawful permanent resident for three years if married to a U.S. citizen and meeting all other naturalization requirements.
The requirements for sponsoring a spouse for a green card
To sponsor a spouse for a green card, you must submit the following documents:
1. Proof of Identity: Valid passport or other government-issued identification document.
2. Marriage Certificate: A certified copy of your marriage certificate.
3. Proof of Termination of Prior Marriages: Divorce decrees or death certificates if either you or your spouse were previously married.
4. Evidence of a Genuine Marriage: Photographs of your wedding, joint bank account statements, lease agreements, or any other documents that demonstrate your shared life together.
5. Affidavits of Support: A legally binding document that shows you have enough financial resources to support yourself and your spouse in the United States.
6. Medical Examination Report: A report from a designated physician to ensure that you do not have any communicable diseases.
7. Police Clearance Certificates: Certificates from any country where you have lived for a certain period of time to show that you have no criminal record.
However, you may need to submit other documents depending on your individual circumstances and the immigration authorities’ requirements.
For more information on the process, you can visit the U.S. Citizenship and Immigration Services (USCIS) website or consult with an immigration attorney.
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