Marriage Green Cards

Potentially very soon.

There is no required period of time that a couple must remain married before beginning the immigration process. The more important questions are whether the petitioner and beneficiary are eligible to file, which immigration process applies, and whether the couple has sufficient documentation for the case.

No.

Couples often confuse the two-year rule with conditional permanent residence.

If permanent residence is granted when the marriage is less than two years old, the foreign spouse generally receives conditional permanent resident status for two years. The couple later goes through a separate process to remove those conditions.

Not necessarily.

USCIS looks at the totality of the evidence to determine whether the marriage was entered into in good faith and not simply for an immigration benefit.

Evidence may include things such as:

• Joint leases or property records
• Joint bank or credit accounts
• Insurance policies
• Utility bills
• Tax records
• Birth certificates of children
• Travel records
• Photographs
• Correspondence
• Affidavits from people who know the couple
• Other evidence showing that you have combined your lives

Every relationship is different. A newly married couple may naturally have different evidence than a couple who has lived together for many years.

In some adjustment-of-status cases, the foreign spouse may be eligible to apply for employment authorization while the green card application is pending.

Whether that option is available depends on the type and posture of the case.

Possibly.

An overstay does not automatically prevent every spouse of a U.S. citizen from adjusting status. However, the manner of entry and the person’s complete immigration history are extremely important.

Before filing, we should determine exactly how the person entered the United States, what status they had, what happened afterward, and whether any other grounds of inadmissibility or adjustment bars may apply.

That situation requires a more careful legal analysis.

Marriage to a U.S. citizen by itself does not automatically cure every immigration issue. Depending on the person’s history, consular processing, a waiver, or another strategy may need to be considered.

This is a situation where obtaining legal advice before filing anything can be particularly important.

Tell your attorney about every previous U.S. immigration application, petition, visa interview, border encounter, denial, removal proceeding, and prior entry into the United States.

Prior applications may contain statements that USCIS or the Department of State can compare with the information in a new case. Inconsistencies should be identified and evaluated before filing.

Previous marriages generally are not a problem as long as every prior marriage was legally terminated before the current marriage.

You should be prepared to provide divorce decrees, annulment records, or death certificates as applicable.

Marriage-based immigration generally includes a financial sponsorship requirement.

If the petitioner’s income is insufficient, there may be other ways to meet the financial sponsorship requirements depending on the circumstances, including qualifying household income, assets, or an eligible joint sponsor.

The correct approach should be determined before the case is submitted.

Marriage-based adjustment cases may involve a USCIS interview. During an interview, the officer may ask questions about eligibility and about the couple’s relationship.

The goal should not be to memorize matching answers. The goal is to submit an accurate, well-documented case and be prepared to answer questions truthfully about your relationship and immigration history.

An attorney is not required in every marriage-based immigration case.

However, legal representation can be especially valuable when there has been an overstay, unusual entry history, prior visa denial, previous immigration filing, criminal history, prior marriage petition, removal proceedings, public-benefit issue, financial sponsorship problem, or any uncertainty about eligibility.

Even in a straightforward case, an attorney can help organize the filing, identify missing evidence, prepare the required forms and supporting documentation, and address issues before they become problems.