Marriage-Based Green Cards: Here’s What You Need to Know

Family-based immigration can feel overwhelming at times, but there are rules and processes to help you through | Adobe

By Amber Davis, Principal Attorney at Waypoint Immigration USA, and Kate Luther

Now that summer is in full swing, it’s not unusual to see an uptick in family-based immigration applications as more couples look to tie the knot. 

The process itself is relatively straightforward in theory: choose your visa (fiancé or spouse?), follow the steps, and pay attention to timelines. 

But as with everything else related to immigration, that look of simplicity can be misleading. 

Different Forms, Different Process

Let’s start with forms:

If you’re already married and your spouse is living abroad, you’ll need to file an I-130 on behalf of your spouse (the beneficiary). This form starts the process for your marriage-based visa and allows your spouse to receive a green card (permanent residency) after getting an immigrant visa stamp after interview at the consulate. 

If you’re not married yet, you’ll need to file an I-129F to request a Fiancé (K-1) visa. If approved, you’ll have to go to an interview at the consulate and then have 90 days to get married (after your fiancé enters the country). Your new spouse can then file a form I-485 adjustment of status (AOS) after the wedding to obtain a green card. NOTE: if you do not get married within the 90-day window, the migrating fiancé will lose legal status. 

In both instances, the U.S. citizen (or green card holder) will need to sponsor the migrating partner and show financial responsibility to support the couple/family. This financial support is crucial, so be sure your income is well-documented. It is one of the areas where we’re seeing heightened scrutiny from USCIS. 

Now both of these scenarios assume that you are a U.S. citizen or green card holder and your partner is not in the U.S. currently. If that’s not the case (if your partner is in the country on another visa and/or you are on a visa as well), that can create some new challenges you’ll have to overcome. 

In some instances, this can be a relatively easy adjustment. In other cases, the path isn’t quite so clear cut. A fiancé or soon-to-be spouse on a tourist visa for example, can raise some red flags and even result in a denial. 

That’s because your intent is paramount to your approval, and if USCIS gets even the smallest inkling that you’ve entered the country under false pretenses, your petition could be denied (more on that below). 

You Still Have to Prove the Relationship is Real

Filing the right form and following the timelines are just half of the equation. There’s still the matter of proving your relationship is legitimate and this requires an interview with a USCIS officer. 

Now, some of this “proof” is pretty standard. 

ID’s will be necessary (i.e., birth certificates, passports), and the migrating partner will need to submit fingerprints and medical information as well. You’ll also need to produce your marriage certificate (if you have one), along with other common documents couples would typically have, such as loan and lease agreements, utility bills, and statements from joint bank accounts. Photographs, vacation itineraries, memento scrapbooks, and affidavits from family and friends can also be helpful here.  

The other kind of proof is a little more subjective. You’ll have to answer questions in the interview, and there’s no set rule on which questions you’ll be asked. The common variety includes questions about how you met, how long you’ve dated, and how the relationship evolved. 

Some of these questions could require simple answers; some might require a more detailed and thoughtful response. 

That doesn’t mean you’ll be expected to answer a string of random questions about your partner’s favorite color or the name of their first pet. It simply means you’ll need to be able to talk about your partner and your relationship with some depth. 

Also note that depending on your current living situation, the migrating partner may need to attend their interview at the consulate’s office in their home country. If they’re already in the U.S., you can both attend at the local USCIS office. 

Pay Attention to the Rules

A spouse that enters the U.S. with an immigrant visa stamp after an approved I-130 receives a green card usually within a couple of weeks and can immediately get a job. That’s not necessarily the case in other scenarios, and understanding what you can and cannot do in the moment is critical to approval and continued legal status. 

USCIS has strict rules about several aspects of your life while your application is pending, and that includes your work authorization, educational privileges, and your ability to travel. Be very careful not to break these rules and if you must, be prepared to show that it was for a really good reason. 

Don’t Forget to Renew Your Temporary Green Card

If you obtained your green card by marrying a U.S. citizen or green card holder, it’s “conditional” and only valid for two years. 

You’ll need to formally apply to remove the temporary conditions (and extend your green card to ten years), and that requires another interview where you’ll be expected to show how your relationship is progressing. At minimum, you need to show your marriage was valid when you entered into it if the marriage is undergoing difficulties. The same kind of “proof” will be required, and you’ll both typically attend the interview at your local USCIS office. 

Do not wait until the last minute to file for your renewal. 

You should file for your extension (removal of conditions) within 90 days before your conditional green card expires. Filing within this 90-day window will automatically extend your status while your case is being reviewed. 

Need Help? You Don’t Have to Do This On Your Own

We know the immigration system can be more than just a little overwhelming, so don’t feel like you have to go this alone. 

Waypoint works exclusively for individuals, employees, and their families, so we’re always focused on your rights and interests. If you need help navigating a marriage-based visa or you’re concerned about a request for evidence (RFE) or notice of intent to deny (NOID), give us a call. 

Our attorneys have both the experience and expertise to help you at every stage of the process. Contact our office to schedule a consultation.