Overview of the Marriage Green Card

A marriage green card, also known as a spousal visa, enables the spouse of a U.S. citizen or lawful permanent resident to live and work unrestrictedly in the United States. As a holder of a marriage green card, the spouse attains “permanent resident” status, with the opportunity to apply for U.S. citizenship after three years if desired. This process allows couples to build their lives together in the U.S. while enjoying the benefits and protections that come with permanent residency.

 

How We Can Help

At Elliott Immigration Law LLC, we are committed to providing you with comprehensive support throughout the marriage green card application process. Our team of immigration experts in Atlanta, Georgia, is here to help you navigate the process with confidence so that you can focus on what matters most: starting your new life in the U.S. Get in touch with us today to learn more about how we can assist you in securing a marriage-based green card.

 

The Marriage Green Card Process

 

Step 1: Establishing the Marriage Relationship

The first step involves the submission of Form I-130, also known as the “Petition for Alien Relative,” to the U.S. Citizenship and Immigration Services (USCIS). This form, together with supporting documents, is intended to confirm that the marriage is bona fide.

The person filing the I-130, typically a U.S. citizen or a green card holder, is referred to as the “petitioner” or “sponsor.” The spouse seeking a green card is known as the “beneficiary” or “green card applicant.” Key components of a complete I-130 filing package include:

• Government filing fees
• Evidence proving the sponsoring spouse’s U.S. citizenship or permanent residency status
• Proof of a legally valid marriage
• Confirmation that the marriage is not fraudulent
• Verification that any previous marriages of either spouse have been legally terminated

After receiving the complete I-130 filing package, USCIS will issue an acknowledgment receipt to the sponsoring spouse.

 

Step 2: Applying for the Green Card

The process for applying for the green card varies depending on whether the spouse seeking the green card currently resides in the United States or abroad.

For Spouses Residing in the U.S.

If the spouse lives in the United States, the next step involves filing Form I-485, also known as the “Adjustment of Status” application. The I-485 form, submitted to USCIS, primarily aims to establish the spouse’s eligibility for a green card. Key components of an I-485 filing package include:

• Government filing fees
• Proof of the spouse seeking the green card’s nationality
• Proof of lawful entry into the United States
• A medical examination performed by a USCIS-approved doctor
• Evidence of the sponsoring spouse’s financial ability to support the spouse seeking the green card

For Spouses Residing Abroad

For spouses living outside the U.S., the next step involves filing an application package with the National Visa Center (NVC). The NVC collates the necessary forms and documents to determine if the spouse is ready for an interview at a U.S. embassy or consulate abroad. Key components of an NVC filing package include:

• Government filing fees
• Form DS-260 (green card application filed online)
• Proof of the spouse seeking the green card’s nationality
• A copy of a police clearance certificate for the spouse seeking a green card
• Evidence of the sponsoring spouse’s financial ability to support the spouse seeking the green card

 

Step 3: The Green Card Interview and Awaiting Approval

The final step in the process involves a green card interview. The primary goal of the interview is to confirm the authenticity of the marriage. Upon successful validation, the spouse will be approved for a green card.

The location of the interview depends on where the spouse seeking the green card lives. A spouse living in the U.S. will attend the interview at their local USCIS office, while a spouse living abroad will be interviewed at a U.S. embassy or consulate in their home country.

 

Important Updates

As of April 2023, the F-2A family-based category, which pertains to spouses and unmarried children under 21 of U.S. green card holders, has seen significant changes likely leading to delays in obtaining green cards for spouses of green card holders.

In 2023, USCIS announced plans to increase filing costs for most visa application types, including marriage green cards. The proposed fees are not yet in effect. Please refer to our USCIS fees guide for a comprehensive breakdown of expected costs and updates on the proposal.

 

Frequently Asked Questions

How long does one need to maintain the marriage to retain the green card?

Once you acquire your green card via marriage, it is considered conditional and only remains valid for a duration of two years. To transition from the conditional green card to a permanent one, you and your spouse must jointly petition for the removal of these conditions within the 90 days preceding the expiry of your conditional green card.

Is sponsorship necessary for a marriage green card?

Indeed, for a marriage green card, you need sponsorship from a spouse who is either a U.S. citizen or a lawful permanent resident.

Does marrying automatically provide a green card?

Marrying does not automatically grant a green card. You have to apply for a marriage green card and undergo the requisite application procedures.

What are some typical causes for the rejection of a marriage green card application?

Some of the typical causes leading to the refusal of a marriage green card application include an insufficient demonstration of a genuine marriage, criminal records, inadequately filled forms, non-eligibility, violations of immigration laws, and fraudulent marriage.

Is it compulsory to have a lawyer while applying for a marriage green card?

It is not obligatory to have a lawyer for the application, but it is advisable to engage an immigration attorney to guide you through the application process.

Can a green card holder sponsor a spouse through the adjustment of status process?

Yes, a green card holder can sponsor a spouse through the adjustment of status process.

Could you define the “Adjustment of Status” application?

The “Adjustment of Status” process pertains to green card applicants who are currently residing in the United States. Applicants within the U.S. file Form I-485, the “Adjustment of Status” application, with the USCIS. The main aim of the I-485 is to establish the applicant’s eligibility for a green card. Adjustment of status also caters to applicants for employment-based, humanitarian, and diversity visa lottery green cards.

The adjustment of status immigration process applies to the following marriage visa types:

• IR6/CR6 spouse and accompanying IR7/CR7 child when the sponsor is a U.S. citizen
• F2A category (F26 spouse; F27 child) when the sponsor is a legal permanent resident (green card holder)
• CF1 spouse; CF2 child when the sponsor is a U.S. citizen and the foreign spouse is adjusting status from a K fiancé visa

 

Why Choose Elliott Immigration Law LLC for Your Marriage-Based Green Card in Atlanta, Georgia?

Choosing the right immigration attorney can make all the difference in your case. Here’s why Elliott Immigration Law LLC is the right choice for you:

• Experience and Expertise: Our attorneys have years of experience and a deep understanding of immigration law. We stay current with changes in the law and use our knowledge to benefit our clients.
• Personalized Attention: We take the time to understand your unique situation and provide tailored solutions. You are not just another case to us; you are a valued client.
• Commitment to Success: Our high approval rate and successful track record demonstrate our commitment to achieving the best possible outcomes for our clients.
• Transparent Communication: We believe in clear, honest communication. You will always know where your case stands and what to expect next.

Contact Us Today

If you need expert marriage-based green card services in Atlanta, Georgia, contact Elliott Immigration Law LLC today. Our team is here to help you navigate the complexities of immigration law and achieve your goals. Whether you need assistance with family-based immigration, employment visas, naturalization, or waivers of inadmissibility, we are ready to provide the support and expertise you need.

For more information or to schedule a consultation, please access our contact us page or call us at (404) 890-0372. We look forward to helping you with your immigration needs in Atlanta, Georgia.