Getting Green Card Through Marriage To a U.S. Citizen

 Getting a Green Card Through Marriage To a U.S. Citizen

Getting a green card through marriage to a United States citizen is basically the quickest and most efficient way to obtain a green card.  As a U.S. Citizen you may apply for your spouse whether your spouse is in the United States or is living abroad.  If your spouse is abroad (living outside of the United States) it should take 12-14 months for your spouse to arrive in the United States.  (We would be happy to talk to you if this is your situation.) However, this article is for those U.S. Citizens who wish to apply for their spouses who are living here in the United States.

This area of law can be confusing and tricky.  There can be pitfalls along the way.  These pitfalls can lead to very serious consequences.Therefore, although you are never required to have a lawyer represent you in your immigration case, it is highly recommended that you consult with one before you file any paperwork with USCIS.  If your spouse entered the United States illegally then it is extremely important that you seek the advice of an immigration attorney.  Do not file any paperwork with USCIS unless you are working with a competent immigration attorney.

In order to get a green card through marriage you must be eligible to be married (meaning you meet the requirements of the jurisdiction in which you live to get married).  You must also have finalized your divorce or annulment.  Do not file for a green card for your spouse if either of you are still married as a divorce or annulment has not yet been finalized.  Only once you are legally married may you apply for the green card.

Your spouse will be considered an “immediate relative” for immigration purposes.  This means that your spouse will be eligible to obtain a green card without having to wait possibly several years (as other relative categories due) for her green card.  There are no quota limitations for spouses of U.S. Citizens.

The U.S. Citizen spouse must prove to the United States government that the marriage is real.   In addition, the U.S. Citizen will file forms I-130, I-130a, I-131 and proof of citizenship (either a certified copy of his birth certificate, U.S. passport, or copy of naturalization certificate) and a certified copy of divorce, death, or annulment decrees or certificates (if applicable).  Passport photos are also required of the U.S. Citizen.

The U.S. Citizen must also show that he can support his spouse financially.  He will need to file form I-864 and supply his most recent tax return, an employment letter which details his income, and 3 months worth of bank statements. This requirement can be met based on his income, assets, or a combination of the two.  If the citizen does not earn the required income (pursuant to the poverty guidelines), a joint financial sponsor can be obtained for the purpose of meeting this requirement.  Since this co-sponsor will be financially liable should the immigrant becomes a public charge it usually makes sense to speak to an attorney to see if there is any way the U.S. Citizen can proceed without the need of a co-sponsor. If this cannot be done then the co-sponsor needs to be aware of his or her responsibilities to the U.S. government if he or she becomes a co-sponsor.  In my experience only close relatives or friends agree to be a co-sponsor.  The co-sponsor will need to complete an additional I-864 form, turn in bank statements and tax returns to the government. The joint sponsor must be a US Citizen or Lawful Permanent Resident and meet the income requirements as set out by USCIS.