top of page

Green Card Lawyers

How Does a Green Card Through Marriage Work?

One of the ways a foreign-born person can get a green card is through marrying a US Citizen or a permanent resident. However, due to the prevalence of people marrying US citizens fraudulently, these marriages are closely scrutinized by the government to make sure they are genuine. It does help to work with green card lawyers throughout the process.

The first step is to file Form I-130. This involves showing that the relationship is valid with a marriage certificate and that it’s made in good faith. There may be instances where this form isn’t required, such as the would-be immigrant is already living lawfully in the country and just needs an adjustment of status. With luck, the petition is approved and then the case moves forward.

The immigrant may have a choice in regard to the application process going forward. Since there are different choices, those getting a green card through marriage always want to consult with green card lawyers for the best options. An immigrant who is overseas uses consular processing and communicates with the National Visa Center to be approved for an immigrant visa. An immigrant who is in the US may have a choice between leaving the US and staying. However, requirements for those who can apply to adjust their status are limited. With consular processing, the immigrant is guided through the process by the consulate and NVC and will have to supply different documents and forms, have a medical exam completed, and then attend an interview and pay various fees. The US spouse doesn’t need to attend the interview but the immigrant does need to answer questions about whether the marriage is bona fide. Adjustment of status does also require a medical exam report but is an easier process and most immigrants prefer adjustment of status where possible. When getting a green card through marriage, the petitioning spouse must be able to show the ability to support the immigrant financially so that he or she won’t need government assistance.

bottom of page