How to Begin a Green Card Filing By Marriage
Eligibility for a Green Card
If you are a non-citizen who marries a U.S. citizen, you become an immediate relative of your spouse. This means that you may be eligible for a green card , and eventually, U.S. citizenship. If you are living in the United States at the time of your marriage, you may be able to complete the green card application process through adjustment of status here in the U.S.
The Adjustment of Status Application Process
The following forms are all part of the spousal adjustment of the status application process:
Form I-130 – Petition for Alien Relative
Form I-130A – Supplemental Information for Spouse Beneficiary (the beneficiary is the person getting the green card)
Form I-485 – Application for Adjustment of Status
Form I-864 – Affidavit of Support (to accept financial responsibility for the green card applicant)
Form I-765 – Application for Employment Authorization(optional)
Form I-131 – Application for Travel Document (optional)
G-1145 – Application e-Notification/Acceptance of Petition (optional)
If you have an immigration lawyer, they can complete these forms based on your specific circumstances, using their expert knowledge of the law and procedures involved in the application process.
What Documents Do I Need?
If you are applying for a green card through adjustment of status, in general at a minimum you will need the following documentation:
Passport-quality photos of both spouses
Proof of U.S. citizenship for the sponsoring spouse
Proof of the beneficiary’s lawful admission into the U.S.
Marriage certificate and documentation of any prior marriages as well, which meet required guidelines
Evidence of a joint life together
Proof of the U.S. citizen’s ability to provide financial support
Medical examination results for the beneficiary applicant
Documentation of the beneficiary’s birth, which meets the required guidelines
The Interview Process
It can take many months or even years after the application for a green card and adjustment of status is submitted for an interview to be scheduled. In some cases, the interview requirement is waived. If an interview is scheduled, it will involve questions about the marriage, relationship, and the applicant’s immigration status. Some common questions include:
Questions about the relationship history: How you met, where you went on your first date, and the names of your spouse’s parents
Questions about the wedding: Where the wedding took place, who attended the wedding, and where you went on your honeymoon
Immigration questions: Have you ever been denied a visa to enter the United States, have you ever violated your immigration status, have you ever been arrested or convicted of a crime, etc..
Contact Hurtubise Weber Law
For more information or to schedule a consultation, get in touch with the team at Hurtubise Weber Law.