Getting a Green Card Through Marriage to a US Citizen
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As an applicant there are many steps that are to be taken in order to get a green card through marriage to a US citizen. Many people assume that US citizenship is automatically granted to the aspiring individuals immediately after marriage to a US citizen.
The path to getting a green card through marriage depends on many factors including the immigration status at the time of the marriage and whether the marriage happened inside or outside the US.
Lets now check how one can get a green card through marraige to a US citizen.
Getting Married:
though this step seems easy enough, in practice it is not. To begin with the USCIS does not accept any sham marriages. This makes it mandatory that the applicant is able to show bona fide proof that the marriage was real and not a sham.
Completing the medical exam:
In order to get a green card through marraige, the applicant should be examined by a doctor who is approved by the USCIS. To know the list of doctors approved by the USCIS please check their web site www.uscis.gov. The I 485 application should be accompanied with the sealed original examintation from the doctor. It is also recommended that a copy of the medical examination is kept as reference for the future.
Gathering the documentation:
Details of any criminal history, arrests, verdict etc., should also be submitted. Effort should be made to gather all these documents. Further, the immigrant must also submit two passport style photographs, a copy of the birth certificate, copy of the immigrant visa (or any other document which will show their legal status in the US).
The application must also include an Affidavit of Support accompanied with the recent tax returns, employment verification letter, proof of applying for the adjustment of status, marriage certificates, divorce decree wherever applicable.
The US citizen and the immigrant spouse must file the I 130, I 485 and G 325 A concurrently. Care should be taken to include the appropriate filing fees for each form. If the spouse is already in the United States with a valid immigrant status, in many cases its safe to proceed with filing these documents to get a green card through marraige to a US citizen. However if the spouse is in the US on a visitor visa and the status has expired, filing these documents would lead to an investigation by the USCIS which would ultimately lead to deportation from the United States.
While the application is in progress the spouse can apply for permission to work in the United States using Form I 765. It would take roughly about 90 days for the application to be processed.
An appointment notice will be sent by the USCIS within three months of filing the application for green card through marriage. Its important that the dates are met else there are chances of the application being denied. Though there is a provision were one can re-apply, they have to pay the filing fees all over again.
The final step would be in attending the adjustment of status interview. The appointment notice will be mailed within 6 months to 1 year from the time of filing the application. In some cases it might take longer. At the interview, proof of the marriage, joint bank account, property bills, lease agreement, photographs of being together, etc., would always come in handy to proove that the marriage is real and not a sham.
