Key Considerations When Applying for Green Cards Through Marriage

Immigrating Through Marriage Isn’t as Easy as Getting Married

Getting married to an American citizen or lawful permanent resident is one of the most common ways for individuals to gain legal residency in the country. However, it’s important to realize that marrying a lawful resident doesn’t guarantee that you’ll garner legal status. That’s why you should know the key considerations when applying for green cards through marriage.

The simple fact is that there are various steps to take after saying “I do” at the altar. Simple mistakes, missed deadlines, and unexpected issues (e.g., inadmissibility) can delay or derail the path to citizenship. However, this may still be the best option for family immigration available to most – so the process is worth understanding and navigating correctly.

Determining Eligibility

There are plenty of important considerations when seeking a green card via marriage to an American citizen. Before delving into any of the nuances of the law, though, you should first understand the basic eligibility requirements. Most importantly, your marriage must be legitimate. It must be recognized by a legal authority and not entered merely for immigration purposes.

Both individuals must also be free to enter a marriage. This means neither party is currently married to someone else, and if they are, that marriage must be legally terminated via divorce, annulment, or their spouse’s death. Finally, both individuals must be of the legal age to marry – and the sponsoring spouse must be at least 18 years old.

How Petitioner Immigration Status Can Affect Outcomes

Another major consideration when applying for green cards through marriage is the immigration status of the sponsoring spouse. This individual can be either an American citizen or a lawful permanent resident. However, this seemingly minor distinction can have a significant effect on how an immigration case plays out.

That’s because there are no annual limits for visas when the sponsoring spouse is an American citizen. In this case, their foreign spouse is considered an immediate family member. However, the petitioner’s spouse will fall into the F2A category (family preference) if the petitioner is a permanent resident. Unfortunately, there are visa caps for this category.
This distinction can have a significant impact on waiting times for a visa.

Where Is the Applicant?

The location of the foreign spouse is also a key consideration when applying for green cards through marriage. If the applicant is already in the United States on a valid visa, they can likely apply for an adjustment of status without first needing to leave the country. Getting a green card at this point often only involves filling out necessary paperwork.

Unfortunately, things can get more complicated when the foreign spouse is outside the country. That’s because they’ll first need to visit an American embassy or consulate to undergo consular processing. This is another issue that can delay the process of securing a green card by marrying an American citizen or permanent resident.

Navigating an Extensive Amount of Paperwork

America is a nation of laws and administrative hassles. That’s why a chief consideration for seeking a green card through marriage should be filling out the appropriate paperwork. Two separate couples may have a lot in common – but small differences in their circumstances could mean they have to submit very different types of documentation.

For instance, Form I-485 is necessary to adjust a foreign spouse’s status if they’re already in America, but Form DS-260 is necessary if consular processing is required. You’ll likely also need to fill out an Affidavit of Support, Petition for Alien Relative, Medical Examination Report, and other required forms.

This may sound complex, but rest assured that a positive outcome is well worth the effort.

Proving Your Marriage Is Legitimate

Showing authorities that your marriage is legitimate is a key issue for securing a marriage green card. It’s not unheard of for people to get married simply to gain legal status. It’s up to applicants to show this isn’t the case. This can be done by providing documentation such as joint financial documents, evidence of cohabitation, family photographs, and affidavits from family and friends.

You can also expect that immigration officials will want to interview both spouses before approving anything. At this point, they’ll ask detailed questions and inquire about the couple’s future plans. You may even be separated if authorities expect a fraudulent marriage, so preparing for this process ahead of time is absolutely critical.

Denials and Issues of Inadmissibility

Unfortunately, it’s possible to do everything right and still be rejected for a green card. Various issues may cause this. For instance, authorities might not believe that a marriage is legitimate. Any suspicion of a fraudulent marriage may result in a denial. This frequently occurs when it seems like the spouses’ stories do not match.

Of course, it’s also possible that a couple may run into issues with inadmissibility. If the foreign spouse is inadmissible – which may occur for a variety of reasons – the process of securing a green card becomes exceptionally difficult. In either of these cases, it’s important to work with an immigration lawyer. A legal professional may be able to improve your case or seek a waiver.

The Importance of Legal Assistance With Immigration

Many people attempt to navigate the immigration process themselves. Unfortunately, this frequently results in negative outcomes. America’s immigration system is complex – and those without an in-depth knowledge of the process often make mistakes. This is a major reason why the approval rate of U.S. green cards is only around 3 percent.

This daunting statistic is not meant to scare you. Instead, it’s meant to showcase the importance of seeking legal help. Legal residency and citizenship in America is a coveted outcome. If you’re married to a legal resident, you’ve got an advantage over many others. However, this advantage is wasted if you don’t know the key considerations when applying for marriage green cards.

Sadly, no internet resource can prepare you for all the potential hurdles you might encounter. That’s why the legal professionals at Gilliam Law are here to help. Contact us at 866-511-3422 to schedule your confidential consultation today.