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5 Tips for Getting a Marriage-Based Green Card

A non-US Citizen is eligible for a green card after marriage to a lawful permanent US resident or a US Citizen. The green card allows the be...


A non-US Citizen is eligible for a green card after marriage to a lawful permanent US resident or a US Citizen. The green card allows the beneficiary to secure employment in the US, attend schools, and live anywhere in the country. Following these five tips will make the process more streamlined.

 

1.Prove the Authenticity of the Marriage

A person is only qualified for the marriage-based green card if the marriage is legally binding. The petitioner should be a US citizen or a lawful permanent resident of the US. The United States Citizen and Immigration Services (USCIS) must verify the authenticity of the marriage.


  • Marriage must not disregard any state or federal laws.
  • Marriage is presumed to be fraudulent if it ends within two years.
  • Marriage should be legally recognized in the location where it occurred.
  • It must take place before the application for a green card.

 

The USCIS will likely demand marriage certificates and other valid documentation that prove the legality of the marriage. The petitioner and beneficiary may be asked to supply photos, spouse visa, affidavits from family friends, and any relevant information concerning their relationship.

 

2.Filing for Form 1-130

The petitioner must file for form 1-130 on behalf of the beneficiary with the USCIS. The filing process should be done after the marriage. The person filing for the form should submit the marriage certificate, passports, or other relevant documentation.

 

3.Submit and Track the Application Process

The USCIS provides all applicants with a receipt notice after filing form 1-130. The receipt notice has a unique number that the petitioner can use to track the green card application process. After a short period, USCIS sends a letter to the applicants inviting them to a biometrics appointment.

 

4.Adequate Preparation for Interview

USCIS schedules an interview after the application of Form 1-130. The interview process is to verify the legitimacy of the marriage. The petitioner and beneficiary must be adequately prepared for the interview. The slightest error during the interview could compromise the green card application process.

 

5.Prepare for any Eventuality

After the interview, the USCIS may decide to grant or deny the marriage-based green card application. The decision depends on many factors, but the most important ones are; the family immigration status and the marriage's legitimacy.

 

In some circumstances, the USCIS may request a second interview if they doubt the marriage's authenticity. The second interview seeks to clarify some aspects of the marriage and clear doubts about a fake marriage. If the USCIS denies the application, a petitioner can apply for another green card.