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How to Apply for a Green Card Through Marriage and What You Can Do to Increase Your Chances of Getting Approved
Long-distance relationships can be difficult, and it’s normal to want to spend time in close proximity to the person you love. But this can be challenging if you’re from different countries. When you marry a U.S. citizen, you can apply for a Green Card, also known as lawful permanent resident status. This carries several benefits, including the right to work in the United States, the ability to travel out of and into the country more easily, and eligibility for federal benefits.
However, applying for a Green Card through marriage isn’t a quick or simple process, and working with an immigration attorney can ensure you’ve done everything that’s required to increase your chances of approval.
Who Can Apply for a Green Card Through Marriage?
There are several requirements to get a Green Card through marriage. You must already be married to your spouse who is a U.S. citizen, and you generally need to already be present in the United States when you file. This U.S. Citizenship and Immigration Services office requires that you be either inspected and paroled or inspected and admitted before applying for a Green Card.
The U.S. government doesn’t limit how many Green Cards can be granted to spouses of U.S. citizens, but you do have to be eligible to receive an immigrant visa. This generally means that you need to be able to demonstrate good moral standing and that you don’t have any of the bars to adjustment, such as failure to maintain lawful status or having certain criminal convictions.
You must also prove that you are in a bona fide marriage. This requires a legal marriage certificate or license, and you will need to attend an interview where the interviewer will ask questions about your relationship to ensure it’s legitimate. If you have been married less than two years, you will be granted conditional permanent resident status for two years if your application is approved.
What Requirements Are There for the Sponsoring Spouse?
The person sponsoring you for a Green Card through marriage must be your legitimate spouse, be a U.S. citizen, and meet certain income requirements. They must have an income that is at least 125% of the federal poverty level. This is adjusted on a regular basis to account for inflation and other factors. In 2024, the federal poverty level for a family of two is $20,440, which means that your spouse must be able to show an income of at least $25,550 to qualify as a sponsor if you are married without children.
Your spouse must sign a formal affidavit that states that they are willing and able to financially support you. If they don’t earn the minimum amount, you have the option of using a joint sponsor who is willing to provide financial support.
How to Apply for a Green Card Through Marriage
Applying for a Green Card through marriage is a multistep process that can take several months before you’re even ready to submit your application. The first step is to fill out Form I-130, which is the Petition for Alien Relative form. This form is where you show that you are in a valid marriage. Once your petition has been approved, you can move on to your Green Card application.
The Green Card application is the Adjustment of Status application, or Form I-485. You will need to submit all of your documentation and the filing and biometrics fees. If you are not currently in the United States, you will need to complete the Green Card application through consular processing instead.
The last step is to attend the interview. In some situations, only the person applying for the Green Card is required to go. However, it’s possible that both spouses may need to attend. You are also allowed to bring your attorney with you.
Common Reason for Denial
The U.S. Citizenship and Immigration Services office receives thousands of marriage-based Green Card applications every year, and unfortunately, not all of these are approved. Understanding the common reasons for denial can help you be proactive and give you a chance to talk to your attorney about any potential issues with your application. Common reasons for Green Card denials include:
The reviewer believes the marriage is not genuine. This could relate to the marriage validity itself if there is not enough documentation for the legal marriage, but it can also include if the interviewer believed that the marriage was only for immigration purposes.
You have previous immigration violations. Overstaying a visa or not following other immigration rules can cause your application for a Green Card to be denied.
You have a disqualifying criminal history. If you have convictions of certain crimes, you may not be admissible to the United States.
There were errors on the application. It’s common for boxes to be left unchecked or there to be issues with signatures or documentation. If this happens, your application could be denied on the grounds that it wasn’t complete and accurate.
If you receive a denial notice, you have the opportunity to file an appeal. An immigration attorney can ensure you understand why your application was denied and help you develop the best appeal strategy possible. If you are not eligible for a Green Card, a green card application attorney may also be able to help you stay in the United States through another option, such as a visa.
Aaron G. Christensen, Attorney at Law, PLLC, is here to help you understand the process of applying for a marriage-based Green Card and provide legal assistance every step of the way. Call 832-669-9922 to schedule a consultation today.
