When a marital union is established with a U.S. citizen or a Lawful Permanent Resident in the United States, the possibility of applying for permanent residency opens up. Below, we break down the essential elements of this process and the requirements to achieve this goal in the U.S.
When a person marries a U.S. citizen or Lawful Permanent Resident, they may be eligible to obtain a Green Card based on marriage, which grants Lawful Permanent Resident status in the United States.
The process and likelihood of obtaining this benefit can vary depending on several factors, including whether the marriage is with a U.S. citizen or a permanent resident, and how the beneficiary entered the U.S.
First, it’s important to clarify that the beneficiary is the person applying for permanent residency, while the petitioner is the U.S. citizen or permanent resident spouse.
To qualify for a marriage-based Green Card, you must demonstrate to immigration officials that you meet the following legal criteria:
• The marriage must be legal: The country where the marriage took place must officially recognize it, and government-issued marriage records must be provided.
• The petitioning spouse must be a U.S. citizen or permanent resident.
• Evidence of legal termination of prior marriages: Neither the U.S. citizen nor the foreign spouse can be married to anyone else at the same time. If either spouse was previously married, documents proving that prior marriages were legally terminated, such as divorce decrees or death certificates, must be submitted.
• The marriage must be bona fide: A bona fide marriage is genuine; the couple intends to build a life together.
During the application process, immigration officials will review whether the marriage was entered into to obtain immigration benefits. Therefore, the couple must demonstrate that the marriage is legitimate and honest by providing documentation showing the progression of the relationship and their future plans together.
The application process begins with the petitioning spouse (U.S. citizen or permanent resident) filing Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS). If the beneficiary is eligible, this petition can be submitted along with a Work Authorization Document (EAD) and a travel permit to temporarily leave the U.S.
If the beneficiary entered the U.S. legally and currently resides in the country, they may file Form I-485, Application to Adjust Status, with USCIS. The I-485 must be accompanied by additional documents such as birth certificates, proof of nationality, and evidence of legal entry, typically demonstrated through the I-94 travel record.
If the beneficiary is in the U.S. and the petitioner is a U.S. citizen, Forms I-130 and I-485 can be filed concurrently. Once submitted, USCIS may request additional evidence or schedule an interview. During the waiting period, USCIS may issue a Work Authorization Document (EAD) or a travel permit at its discretion.
If the beneficiary resides abroad, the process differs:
1. File Form I-130: A U.S. citizen or permanent resident files I-130 to establish the family relationship.
2. Consular Processing: Once the I-130 is approved, the case is sent to the National Visa Center (NVC), which forwards it to the appropriate U.S. consulate or embassy.
3. Immigrant Visa: The beneficiary completes required forms such as DS-260 and I-864, and submits supporting documents to apply for an immigrant visa.
4. Consular Interview: The beneficiary attends an interview at the consulate or embassy, where eligibility for the immigrant visa is evaluated, ultimately leading to the issuance of the Green Card.
Specific requirements and forms may vary by country and individual circumstances.
Required documents may vary by case, but generally include:
• Passport valid for at least six months beyond the beneficiary’s U.S. entry date.
• Petitioner’s Affidavit of Support (Form I-864), demonstrating financial ability to support the beneficiary.
• Immigrant Visa Registration Form (DS-260).
• Two passport-style photos (2″x2″).
• Beneficiary’s civil documents: birth certificates, marriage certificates, divorce decrees, criminal records, military records, or police certificates.
• Medical exam results.
Obtaining permanent residency through marriage is an opportunity, but it requires careful compliance with all requirements and submission of proper documentation.
With the experience of Oasis Legal Group, we simplify your legal process and work to achieve your goals. We guide you through every step, providing confidence and security to help you build a better life in the United States.
What is marriage-based permanent residency?
It is a path to obtaining Lawful Permanent Resident status in the U.S. through marriage to a U.S. citizen or permanent resident.
What are the requirements for this benefit?
Requirements include proving the validity of the marriage, the legal termination of any prior marriages (if applicable), and the bona fide nature of the marriage, among others.
What are the steps?
The main steps involve filing Form I-130, followed by adjustment of status if the beneficiary is in the U.S., or consular processing if abroad.
What documents are needed?
Documents proving identity, the marital relationship, the financial ability of the petitioner, and other relevant records are required.
How do I prove the validity of the marriage?
Legal proof includes government-issued marriage records, evidence that the marriage is recognized in the country of origin, and supporting documentation such as witness statements, photos, joint finances, or any evidence demonstrating the authenticity and seriousness of the marriage to immigration authorities.