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Obtaining a Green Card Through Marriage


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How do I apply for a green card through marriage?

Applying for a green card through marriage to a United States citizen is a swift way in which you can become a permanent resident and eventually a citizen of the U.S. However, green card applicants may face challenges in applying for and being approved for a green card. The u.s. immigration attorneys at NPZ Law Group, P.C. discuss family-based immigration options and what requirements you must meet to get a green card through the marriage process.

Obtaining a Green Card While Already Inside the United States

If you are inside of the U.S. and married to a U.S. citizen, the green card process starts with the filing of a Form I-130, Petition for Alien Relative. Your spouse will file this petition to establish a relationship between the two of you, while requesting a visa for your spouse. Approval of the form acknowledges the bona fide relationship between you and your spouse.

There is no limit on the number of green cards granted to immediate family members. Spouses of United States citizens are considered immediate family members and this classification will receive priority over other relationships. Concurrent with your spouse’s filing of a Form I-130 or afterward, the green card applicant can file a Form I-485, Application to Adjust Status to Lawful Permanent Residence (“LPR” or “Green Card”). This application will seek to adjust your status to a permanent resident or green card holder.

Those outside the U.S. can seek a green card and visa for travel through a process called “Consular Processing”. Your spouse will still need to file a Form I-130 petition and you will be able to travel to the U.S. when a visa is available.
Eligibility for a Green Card Through Marriage

To obtain a green card through marriage, you must establish, among other factors, that:

1. A valid (“bona fide”) marriage exists; and that
2. Neither spouse is married to someone else at the same time.

Any green card through marriage will be scrutinized due to the large number of fraudulent marriages. The USCIS will interview the parties to determine that the marriage is “bona fide”. There are a variety of documents that can be used to demonstrate the bona fides of the marital relationship. For example, a joint bank account, love letters, e-mails to each other, joint tax returns, joint ownership of other types of assets or property, etc.

The immigration and nationality lawyers at the Nachman Phulwani Zimovcak (NPZ) Law Group, PC, with offices in New York, New Jersey, and Indiana, assist clients throughout the United States with regard to immigration marriage cases on a routine basis with great success. We try to make a very complicated process as simple as possible for each and every one of our clients.



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About the Author

David Nachman, Nachman, Phulwani, Zimovcak (NPZ) Law Group, P.C.
487 Goffle Road
Ridgewood, NJ 07450
201-670-0006

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