Things to Know About Marriage-Based Green Cards

Marriage-based green cards are one of the most common ways for immigrants to obtain lawful permanent residency status in the United States. Although the concept sounds fairly straightforward, it involves a legal process that requires detailed documentation, multiple steps, and a high level of scrutiny to ensure that a relationship is valid under the immigration laws in the U.S. If you are thinking of petitioning for your spouse, our Atlanta family immigration lawyer outlines important things you need to know below.

What are Marriage-Based Green Cards? 

Marriage-based green cards allow spouses of American citizens or lawful permanent residents to enter the U.S. and acquire lawful permanent resident status for themselves. The immigration law in this area is based on the concept of reuniting families, which is a fundamental principle of immigration policy in the U.S.

The process of obtaining a marriage-based green card begins when the American citizen or lawful permanent resident submits Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS). The petition demonstrates the marital relationship. The spouse who is a foreign national must then file for adjustment status or consular process, depending whether they are already in the United States or in a foreign country.

How to Prove a Legitimate Marriage

Immigration authorities in the U.S. take marriage fraud very seriously and will scrutinize any family-based petition to ensure the relationship is legitimate. Couples must prove their marriage is valid and real, presenting strong evidence to establish neither spouse entered into the relationship for immigration benefits only. Evidence that can prove a bona fide relationship includes:

• Joint financial documents such as insurance policies or bank accounts
• Mortgage or lease agreements that show the names of both spouses
• Pictures of the couple with friends and family
• Correspondence between the two spouses
• Travel records showing visits each spouse took to see the other
• Affidavits from individuals who can testify that the relationship is legitimate

An in-person interview is also required and during this, each spouse may be asked questions about the marriage and the relationship. These may include questions such as where the couple met and where they went on their first date.

Why are Marriage-Based Petitions Delayed or Denied?

Even when a couple has the best intentions, these petitions are sometimes delayed or denied. Some of the most common reasons for this are as follows:

• Insufficient evidence to prove a legitimate marriage
• Previous immigration violations such as overstays or unlawful entry
• Inadmissibility due to criminal records or health records
• Inconsistent testimony given during interviews

Our Family Immigration Lawyer in Atlanta Can Help You Through the Process

The immigration laws in the U.S. are complicated and marriage-based applications are no exception. It is critical to work with an Atlanta family immigration lawyer who can advise on eligibility and help you avoid costly mistakes. For a consultation to discuss your needs and case, please call Shirazi Immigration Law, Inc. today at 404-523-3611. Serving clients in Atlanta, Moultrie, and Dalton, GA and Chattanooga, TN.

Source:

uscis.gov/i-130