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Tag: Green Card Through Marriage

  • Impact of Conditional Resident Status on Applying for Citizenship 

    Individuals married to U.S. citizens or permanent residents receive temporary immigration status as conditional residents. This applies to people who have been married for less than two years after being granted legal permanent residence (green card). The status lasts for two years, and the individual can prove the validity of the marriage and remove the conditions by showing that the marriage was genuine and not meant to evade U.S. immigration laws.

    If the individual cannot remove the conditions, they will lose their legal permanent resident status and may be subject to deportation. U.S. immigration laws grant individuals temporary immigration status as conditional residents to confirm their marriage is genuine and not to evade immigration laws. 

    The individual receives a green card valid for two years and can live and work in the United States as a legal permanent resident. If the individual proves that the marriage is not for evading immigration laws, the conditional status will be removed.

    How to Remove the Conditions on a Conditional Resident Status

    To remove the conditions on conditional resident status, the individual must file Form I-751, Petition to Remove Conditions on Residence. The individual and their spouse must file Form I-751 jointly and submit evidence of a genuine marriage within 90 days before the green card expires. This evidence can include, but is not limited to, the following:

    • Joint bank account statements
    • Lease or mortgage agreements
    • Utility bills
    • Birth certificates of children born to the couple
    • Affidavits from friends and family

    Individuals should consult with an immigration lawyer or a qualified representative to ensure they have the necessary documentation and properly complete Form I-751 before filing. 

    After filing, they will receive a receipt notice (Form I-797) confirming the petition’s receipt. The officer will provide the individual with a case number and a biometrics appointment. The biometrics appointment is a fingerprinting session, where the individual will have their fingerprints, and a photograph taken.

    After the biometrics appointment, the individual will receive an interview notice indicating the interview’s date, time, and location. During the interview, an officer will review the case and evidence provided and ask the individual and their spouse some questions. The officer will also decide whether to approve or deny the petition.

    If the officer approves the petition, the individual will collect a new green card valid for ten years.

    If the officer denies the petition, the individual can attend a hearing before an immigration judge. In this hearing, they can present evidence and testimony to convince the judge to allow them to remain in the U.S.

    Note that the individual should only leave the U.S. while the petition is pending if they have a valid advance parole document. Failure to remove the conditions may bar them from returning.

    It’s also vital to remember that conditional resident status is temporary. If the individual does not remove the conditions, they risk losing their legal permanent resident status and deportation. Therefore, it is important to take the necessary steps to remove the green card conditions before it expires. This is to avoid losing the ability to apply for U.S. citizenship and other benefits.

    Related: The Step-by-Step Guide for Removing Conditions on Your Green Card

    Impacts of Conditional Resident Status on Citizenship 

    Conditional resident status is a temporary status that can impact an individual’s ability to apply for U.S. citizenship. The impact of conditional resident status on applying for citizenship depends on whether the individual can remove the conditions on their green card.

    If the individual can remove the conditions on their green card, they will get a new one for ten years. Once the individual has held this new green card for five years, they’ll be eligible to apply for U.S. citizenship through naturalization. Conditional resident status does not affect their ability to apply for U.S. citizenship after they have removed the conditions of their residency.

    If the individual cannot remove the conditions on their green card, they will lose their legal permanent resident status. The individual may be subject to deportation. They will also lose their eligibility to apply for U.S. citizenship. Therefore, the individual needs to take the necessary steps to remove the conditions on their green card before it expires.

    Also, an individual may be unable to remove the conditions because of a divorce or the spouse’s death. However, they can still apply for the removal of the conditions based on that hardship. If approved, they will be able to apply for naturalization as well.

    How to Apply for Citizenship After Removing the Conditions on Residence  

    If a conditional resident wants to apply for U.S. citizenship, they must remove the conditions on their green card. Once the conditions are removed, the individual will be issued a new green card valid for ten years. Once the individual proves the validity of the marriage, they will receive a new green card valid for ten years. 

    Conditions on residence are removed by filing Form I-751, Petition to Remove Conditions on Residence, within 90 days before the green card expires. The individual and their spouse must file this application jointly, including evidence that the marriage is legitimate.

    After holding this new green card for five years, they can apply for U.S. citizenship by filing Form N-400, Application for Naturalization. The individual will need to meet certain requirements to be eligible for naturalization, such as:

    1. Reside continuously in the United States as a legitimate permanent resident for at least five years immediately preceding the date of applying.
    2. Be present in the United States for at least 30 months out of the five years immediately preceding the date of applying.
    3. Be 18 years old or older at the time of filing.
    4. Be a person of good moral character.
    5. Pass an English and Civics test.
    6. Take an Oath of Allegiance to the United States.

    The naturalization process involves several steps, including an interview and a test. An immigration officer will review the case, the evidence provided and ask the individual some questions. The officer will also decide whether to approve or deny the naturalization application.

    The individual is advised to consult with an immigration lawyer or a qualified representative before filing the form. This is to ensure that they have the required documentation and that the form is properly completed.

    Summary – Impact of Conditional Resident Status on Applying for Citizenship

    Conditional resident status is for to individuals married to a U.S. citizen or permanent resident for less than two years. To maintain this status, the individual must remove the conditions on their green card by demonstrating genuine marriage. If removed, the individual can apply for U.S. citizenship after five years. 

    However, if unable to remove the conditions, they will lose their legal permanent resident status and cannot apply for citizenship. The individual must take the necessary steps to remove the conditions before the green card expires.

    Do You Need to Talk to an Immigration Attorney About Removing the Conditions on Your Resident Status? 

    Get in touch with an experienced immigration attorney through us. Schedule a consultation by calling 914-481-8822. Our knowledgeable attorney will answer your questions and provide the legal guidance you require.

  • 11 Documents needed to Apply for a Green Card Through Marriage

    If you’re like many people who want to apply for a green card through marriage, you know that U.S. Citizenship and Immigration Services (USCIS) will require you to provide a lot of documentation to back up your application. Though the information the U.S. government needs is pretty standard, USCIS may ask you for additional documentation, as well. This guide explains the 11 essential documents needed to apply for a green card through marriage, as well as some of the other types of proof you may need to provide USCIS.

    11 Essential Documents Needed to Apply for a Green Card Through Marriage

    Though every case is different (and your New York immigration attorney will give you case-specific guidance for your own petition), you typically need the following documents to apply for a green card through marriage:

    1. Birth certificates
    2. Marriage certificate
    3. Proof of termination of prior marriages
    4. Financial documents
    5. Proof of sponsor’s citizenship or LPR status
    6. Proof of lawful entry to the U.S.
    7. Police clearance certificate
    8. U.S. law enforcement and court records
    9. Military records
    10. Current or expired U.S. visas
    11. Medical examination document

    Here’s a closer look at each. You can also refer to the table in the later section, “A Quick Look at Document Types,” to cross-reference the documentation you need to sponsor your spouse for a green card.

    #1. Birth Certificates

    If you’re applying for a green card for your spouse because you’re a U.S. citizen, you need a copy of your own birth certificate. USCIS needs this to prove that you’re a citizen. If you don’t have a coy of your birth certificate, either because it’s unavailable and you can’t access it, other types of documents will suffice, such as a valid U.S. passport. As a naturalized citizen, your passport – or your naturalization certificate or certificate of citizenship – are also acceptable documents to prove that you’re eligible to sponsor your spouse for a green card.

    If you’re a lawful permanent resident of the United States, you need a copy of your green card or a passport issued in another country (as long as it has a stamp of temporary permanent residence in the United States). You can provide either of these documents to show USCIS your status and that you’re eligible to sponsor your spouse.

    Related: How to get your mom or dad a green card

    #2. Your Marriage Certificate

    USCIS needs to see a copy of the official document that proves you’re married. That’s your marriage certificate. If you were married in the United States, the document is from the state in which you got married. If you were married abroad, supply USCIS with an official copy of the foreign marriage certificate that’s been translated into English.

    If your marriage certificate is in a language other than English, you must include a full English translation along with the original document. The translator must certify that the translation is complete and accurate, as well as include their full name, address, and telephone number. They should also provide you with a statement that says they translated the document and know it to be an accurate translation of the original.

    #3. Proof of Termination of Prior Marriages

    If either of you were married before, you must submit evidence that those prior marriages have ended, whether through divorce, annulment, or death. That’s true for both spouses.

    Related: Bringing a foreign fiancé to the U.S.

    #4. Financial Documents

    You need to show USCIS that you (the sponsoring spouse) have enough income or assets to support your spouse once they become a permanent resident. To do this, submit either your most recent federal tax return or evidence of other sources of financial support, like earnings statements or asset documents. If someone else is going to help support your spouse financially (a joint sponsor), they need to provide similar financial documents.

    Joint sponsors can be friends or family members. Your attorney will give you more guidance on joint sponsorship if it’s necessary in your case.

    #5. Proof of Sponsor’s Citizenship or LPR Status

    The U.S. citizen or lawful permanent resident spouse must provide USCIS with evidence of their status, using one of the following documents:

    • A valid U.S. passport
    • A birth certificate (if born in the United States)
    • A naturalization certificate or certificate of citizenship
    • A permanent resident card (also known as a “green card”)

    If you’re a U.S. citizen, you need to show USCIS your birth certificate or passport. If you’re a lawful permanent resident, provide your green card. If you recently became a naturalized citizen or permanent resident, supply the relevant certificate instead.

    #6. Proof of Lawful Entry to the U.S.

    If your spouse is in the U.S. at the time you apply, you must show USCIS that they entered the United States legally, with a valid visa (if required) or other travel document. The easiest way to do this is to include a copy of the appropriate page from their passport, which shows the date and port of entry into the United States, as well as their visa classification. Other acceptable documents include:

    • A transportation letter
    • Form I-94, Arrival/Departure Record
    • A reentry permit
    • An advance parole document

    If your spouse entered the U.S. without a visa (for example, on a visa waiver program), you must show USCIS other documentation, like a passport stamped with the date and place of entry into the United States.

    Related: What it means to sponsor an immigrant

    #7. Police Clearance Certificate

    Your spouse must provide USCIS with a police clearance certificate from every country they lived in for more than six months since turning 16 years old, even if it was just one day over six months. The police clearance certificate is sometimes called a good conduct or moral character report. It’s basically a document that says your spouse doesn’t have any criminal convictions in the country where they got the certificate.

    Note: If your spouse has ever been arrested, even if they weren’t convicted of anything, they should still include a police clearance certificate from that country in their application packet.

    #8. U.S. Law Enforcement and Court Records

    If your spouse has ever been arrested by any U.S. law enforcement agency, they need to include a certified copy of the arrest record in their application packet, as well as any available court records. This is true even if the charges were later dropped or they were found not guilty. The court records should include the final disposition of the case.

    #9. Military Records

    If the sponsor or the spouse has ever served in any military force (including the Coast Guard, National Guard or a reserve component), USCIS needs copies of their military service records. That’s true whether the military force was in the United States or in another country. Acceptable documents include discharge documents and other service records; just keep in mind that if the records are in a language other than English, you must have them translated and certified.

    #10. Current or Expired U.S. Visas

    If your spouse has ever been to the United States on a nonimmigrant visa, they need to include a copy of that visa in their application packet, even if it’s expired. The same is true for any other U.S. visas they may have had, like a student visa or work visa.

    Related: How to remove conditions from your green card

    #11. Medical Examination Document

    The foreign spouse typically needs a medical examination as part of the green card application process. You can bring Form I-693, Report of Medical Examination and Vaccination Record, to a physician who’s authorized to perform these exams. (Check out USCIS’s list of authorized doctors here.)

    Other Documents You May Need to Prove a Bona Fide Marriage

    In addition to the documents listed above, your attorney may advise you to provide USCIS with additional evidence that your marriage is bona fide. This could include things like:

    • Evidence of joint ownership of property
    • Birth certificates of children born to you and your spouse
    • Lease or mortgage agreements in both of your names
    • Financial records showing joint ownership of bank accounts, credit cards, etc.
    • Insurance policies naming your spouse as a beneficiary

    Remember, USCIS may ask for additional evidence at any time during the application process. If you’re ever unsure about what to include in your application packet, it’s always best to discuss your situation with your immigration attorney. She’ll give you the guidance you need to file your petition and get the best possible outcome.

    Related: Is it possible for undocumented immigrants to get legal status in the U.S.?

    A Quick Look at Document Types

    Document Type When it’s Required Examples
    Proof of U.S. citizenship When the sponsoring spouse is a U.S. citizen U.S. birth certificate Naturalization certificate Certificate of citizenship Valid U.S. passport Report of birth abroad
    Proof of lawful permanent resident (LPR) status When the sponsoring spouse is a permanent resident with a green card Green card Passport issued in another country, if it has a stamp denoting temporary permanent residence in the United States
    Proof of marriage When you submit any application for a green card through marriage Marriage certificate Joint financial documents
    Proof of change in prior marital status When either party was previously divorced or had a marriage annulled, or when a former spouse died Divorce papers Death certificate of former spouse Certificate of annulment The equivalent of any of these documents from the party’s home country
    Proof of the foreign spouse’s nationality When you submit any application for a green card through marriage Birth certificate Passport
    Proof of lawful entry to the U.S. When the foreign spouse is located in the United States at the time of application U.S. visa I094 travel record
    Law enforcement and judicial records When the foreign spouse or sponsoring spouse has had interactions with the legal system or U.S. immigration in the past; note that you always need a police clearance certificate or equivalent document for the foreign spouse Court records Police records Prison records Deportation documents A police clearance certificate
    Proof of military service When one spouse served in the military, regardless of country DD-214 or equivalent discharge document, such as NGB-22 (if the servicemember has been discharged from the U.S. military) Current military service records from the servicemember’s Official Military Personnel File (OMPF) if the servicemember is still serving in the U.S. military Other military service records that establish service Military service records from a country other than the U.S.
    Proof of financial ability to support a spouse When you apply for a green card through marriage The U.S. citizen’s or lawful permanent resident’s most recent federal income tax return; you may wish to supply the past three years’ tax returns, pay stubs from the past six months, and a letter from your employer verifying your employment Ownership documents for stocks, bonds or other investments Bank statements The title to your home Documents that prove you have other assets

    Do You Need to Talk to an Immigration Attorney About Applying for a Green Card Through Marriage?

    If you need to talk to an immigration attorney, we may be able to help you. Call our office at 914-481-8822 to schedule a consultation with an experienced, knowledgeable immigration attorney who can answer your questions and give you the legal advice you need.

  • The Step-by-Step Guide for Removing Conditions on Your Green Card

    When you get a green card through marriage, it comes with conditions attached – namely, you must remain married to the same person for at least two years before you can apply for a permanent green card. But how do you remove conditions on a green card through marriage, and what happens if you don’t? This guide explains.

    Conditional Green Cards: What You Need to Know

    Most people who receive a green card through marriage get a conditional green card (though not everyone does; see the following section for more information on who gets a conditional green card and who doesn’t).

    You must remove the conditions on your green card before you can receive a permanent one. Many people choose to work with a Port Chester immigration attorney to remove the conditions from their green cards.

    Who Gets a Conditional Green Card, and Who Gets One Without Conditions?

    You receive a conditional green card if you marry a U.S. citizen or lawful permanent resident (under certain circumstances) or if you’re a businessperson who got a green card to invest in a U.S. business.

    Conditions for Green Card Through Marriage

    If your marriage is less than two years old at the time you arrive in the U.S. or at the time U.S. Citizenship and Immigration Services (USCIS) approves you for a green card, you get conditional residency – you have a conditional green card.

    However, if you’ve been married longer than two years, you don’t need a conditional green card. You’ll receive permanent residency with no conditions attached.

    Conditions for Investor Green Cards

    Investors who qualify for a green card through the EB-5 Investor Program receive a conditional green card. If you participated in the EB-5 program, you must remove the conditions before your green card becomes permanent.

    Note: Permanent residency doesn’t expire, but you will need to replace your green card every ten years. When you replace it, you don’t need to reapply or change your status in any way – you simply need a new card.

    What_is_Adjustment_of_Status_-_NY_Immigration_Lawyer

    What is Adjustment of Status?

    Adjustment of status is the process you must go through when you want to obtain a green card. For example, if you’re in the U.S. on a fiancé visa when you marry your spouse, you need to adjust your status to conditional resident. In fact, any time you apply for a green card from within the U.S., you need to adjust your status – even if you married outside the country and travel to the United States to live. That’s because initially, you enter the United States on a visa; you need to adjust your status from visa-holder to conditional resident or permanent resident.

    (If you’re currently outside the U.S. and apply for a green card, you don’t need to adjust your status. You simply need to apply for a green card.)

    The_Step-by-Step_Guide_to_Removing_Conditions_on_Your_Green_Card_-_New_York_State_Immigration_Lawyer

    The Step-by-Step Guide to Removing Conditions on Your Green Card

    Many people choose to work with a Port Chester immigration attorney to remove the conditions on their green cards. That’s because the process requires a pretty significant amount of paperwork – and because in order to successfully remove the conditions on a green card, you must show USCIS that you held up your end of the bargain.

    The requirements you must meet (and prove to USCIS that you met) depend on whether you received a green card based on your marriage to a U.S. citizen or lawful permanent resident, or you received it based on your investment in a U.S. business.

    In other words, it’s your responsibility to prove to the U.S. government that you didn’t only marry your spouse to get an immigration benefit. You must also fill out and file the appropriate paperwork and provide supporting documentation.

    Related: Can you get a green card with a criminal record?

    Steps to Removing Conditions if You Received a Green Card Through Marriage

    If you received a green card through marriage, you must petition USCIS to remove the conditions within 90 days of your two-year green card anniversary. Your two-year green card anniversary is exactly two years after the government gave you conditional resident status.  These are the steps to removing conditions from your green card through marriage:

    1. Ensure that you’re eligible.
    2. Determine whether you need a waiver to file a petition without your spouse.
    3. Fill out and file Form I-751 with USCIS.
    4. Attend your interview.

    Here’s a closer look at each.

    Step #1 to Removing Conditions From a Green Card Through Marriage: Check Eligibility

    Typically, you’re only eligible to remove the conditions on permanent residence if you’re still married to the same U.S. resident or lawful permanent resident. (If you have a conditional green card based on a parent’s marriage, your parent must still be married to the same person.)

    Step #2 to Removing Conditions From a Green Card Through Marriage: Apply for a Waiver, if Necessary

    If you’re not still married to the same person you were married to when you initially applied for your green card, you may be eligible for a waiver. Generally, you may get a waiver if your spouse (or stepparent) is or was a U.S. citizen or lawful permanent resident and:

    • They are now deceased and you (or your parent) entered the marriage in good faith
    • You married in good faith but your (or your parent’s) marriage ended through divorce or you had it annulled
    • You married in good faith, but you or your child were subjected to extreme cruelty or were battered by your spouse (through the VAWA provision)
    • If your removal from the U.S. Would result in extreme hardship

    If you believe you qualify for a waiver, your immigration attorney can help you apply for one.

    Related: How long do you have to wait for a U visa?

    Step #3 to Removing Conditions From a Green Card Through Marriage: Fill Out and File the Paperwork

    In order to remove the conditions on your green card, you must file Form I-751 with USCIS. Your immigration attorney can fill out and file this petition for you.

    Step #4 to Removing Conditions From a Green Card Through Marriage: Attend Your Interview

    Most people have to participate in an interview with a USCIS official to remove the conditions from their green cards. Your attorney can advise you on what to expect during your interview, as well as go over your petition with you to ensure you’re familiar with all the answers you initially provided. During your interview, the USCIS official will review your petition and may ask you additional questions to determine whether your marriage is legitimate.

    Related: What happens in an immigration interview?

    Steps to Removing Conditions if You Received a Green Card Through the EB-5 Investor Program

    If you received a conditional green card because you’re an investor who agreed to invest a certain amount of capital in a United States company, your process for removal of conditions looks like this:

    1. Fill out and file Form I-829 with supporting evidence.
    2. Extend your conditional permanent residence, if necessary.

    Here’s a closer look at each.

    Step #1 to Removing Conditions From an Investor Green Card: File Your Paperwork and Supporting Documentation

    The first step in removing conditions from an investor green card is to file Form I-829 with USCIS. Your attorney can fill out and file this form for you.

    You need to include supporting documentation with this form, including evidence that you:

    • Made the investment or are actively in the process of investing the required amount of capital in a U.S. company
    • Sustained the investment throughout the whole period of your conditional residence
    • Created at least ten full-time positions

    Supporting documentation may include things like bank statements, invoices and receipts, business licenses, contracts, and federal or state income tax returns or quarterly tax statements. If you’re not sure what type of documentation to include, your attorney can give you additional guidance.

    Step #2 to Removing Conditions From an Investor Green Card: Extend Your Conditional Permanent Residence

    Sometimes it takes USCIS a while to process Form I-829, but you may be able to extend your conditional permanent residence status while the form is pending. Your attorney can help you with your extension if you need one. After you receive Form I-797 from USCIS, which tells you that the agency has received your petition, you may also be eligible for an Alien Documentation, Identification and Telecommunication (ADIT) stamp in your passport – and that enables you to travel outside the U.S. (if necessary).

    FAQ_on_Removing_Conditions_From_a_Green_Card_-_NY_Immigration_Lawyer

    FAQ on Removing Conditions From a Green Card

    Check out these commonly asked questions about removal of conditions. If you don’t see the answer you need here, please feel free to call our office at 914-481-8822 for a consultation; we can give you the guidance you need.

    Do You Only Need to Remove Conditions Once?

    You only need to remove the conditions on your green card one time. After you have removed the conditions, you receive a permanent green card and are no longer a conditional permanent resident. You do, however, need to renew your permanent green card every ten years. But don’t worry – even if you don’t renew your card, you’re still a lawful permanent resident. Your status doesn’t expire; only your card does.

    Can You Renew a Conditional Green Card?

    You can’t renew a conditional green card. You can only remove conditions from it, which turns it into a permanent green card.

    Can You Remove Conditions if Your Spouse Doesn’t Want You To?

    It is possible to remove the conditions from your green card if your spouse doesn’t want you to. However, you’ll need a waiver from USCIS. Your attorney can help you get this waiver if you qualify for it.

    When Do You Have to Remove Conditions on Your Green Card?

    You must remove the conditions on your green card within 90 days of your two-year green card anniversary.

    What Happens if You Don’t Remove Conditions on Your Green Card?

    If you fail to remove the conditions on your green card, your lawful permanent resident status expires. At that point, you can be deported from the United States.

    Related: The complete guide to removal from the United States

    Do You Need to Remove Conditions if You’ve Been Married Longer Than Two Years?

    If you were married longer than two years when you petitioned for your original green card, you won’t have a conditional green card. That means you don’t have to apply to remove any conditions – there aren’t any to remove.

    Do You Need to Talk to an Immigration Attorney About Removing Conditions on Your Green Card?

    If you need to talk to an immigration attorney, we may be able to help you. Call our office at 914-481-8822 to schedule a consultation with an experienced, knowledgeable immigration attorney who can answer your questions and give you the legal advice you need.

  • Green Card Through Marriage: Everything You Need to Know

    If you marry a United States citizen or lawful permanent resident, you could be eligible for a green card. A green card is proof that you’re a lawful permanent resident of the U.S., and it enables you to live and work anywhere you wish. But how do you get a green card through marriage, and when do you become eligible? This guide explains everything you need to know about getting a green card based on your marriage to a U.S citizen or lawful permanent resident.

    What is a Marriage Green Card?

    There isn’t a special type of green card for people who marry United States citizens or lawful permanent residents; everyone gets the same type of green card. However, the eligibility requirements for a green card through marriage are different than they are through other paths. Often, people find it easier to get a green card through marriage then they do through a work visa or another program.

    Before you can apply for a marriage based green card, you must be married to a U.S. citizen or lawful permanent resident.

    Your sponsor has to petition the U.S. government for your green card. Your spouse is considered the petitioner or sponsor for your green card, and you’re the beneficiary. You aren’t allowed to apply for your own green card through marriage except in special circumstances. (See the later section, “Green Cards for VAWA Self-Petitioners,” for more information.)

    Working on a Green Card

    When you have a green card, you can work anywhere you’d like without special authorization from the government. That’s true even if you came to the United states on a work visa or you needed an Employment Authorization Document (EAD) to work before you married your spouse.

    Going to School on a Green Card

    You’re allowed to attend a college, university or trade school when you have a green card – there’s no special authorization required. You may also participate in on-the-job training programs, get an apprenticeship or attend special certification courses without permission from the U.S. government.

    Related: What happens if you abandon your green card?

    Who Qualifies to Get a Green Card Through Marriage?

    You may be eligible to get a green card based on your marriage to a citizen or lawful permanent resident. However, your marriage must be legally valid and genuine. U.S. immigration law says that it must be a bona fide marriage. That means that you’re married because you want to spend the rest of your life with your spouse – and that you didn’t simply marry them to get an immigration benefit (like a green card).

    You must also be admissible to the United States.. You’re inadmissible (meaning that you can’t enter the U.S.) if any of the following grounds of inadmissibility apply to you:

    • You have a serious substance abuse problem.
    • You’ve been convicted of drug trafficking.
    • You don’t have the proper vaccines to enter the country, or you have a communicable disease “of public health significance,” such as tuberculosis. However, waivers are sometimes available.
    • You’ve been convicted of or admitted to a crime of moral turpitude. A crime of moral turpitude is a crime that most people find shocking or against the rules of morality. Some examples of these crimes include murder, rape, spousal or child abuse, and animal fighting. There are many other crimes that fall under this term, as well, but sometimes waivers are available.
    • You violated immigration laws, though you may be eligible for a waiver.
    • You’re a spy, terrorist or insurgent, or Nazi.

    Even if you’re already in the United States, the government must determine that you’re admissible before you can get a green card through marriage (or through any other means).

    Waivers are available for some grounds of inadmissibility. Your Port Chester immigration attorney can talk to you about the specifics if any of them apply to you.

    Eligibility Requirements

    If you’re admissible to the United States and you’re married to a green card holder or U.S. citizen, you may apply. However, your spouse must show that they have the financial means to support your entire household. Additionally, your spouse must actually live in the United States (or intend to return to the U.S. with you if you’re both living abroad).

    Can Your Kids Get Green Cards, Too?

    Your unmarried, foreign-born children may be eligible to get green cards at the same time you do if they’re under the age of 21 at the time you apply. It’s okay if they’re not your current spouse’s biological or adopted children. They may be eligible based on their relationship with you, rather than their relationship with your spouse. You should talk to your immigration attorney about obtaining marriage-based green cards for your children; she can give you the legal advice you need.

    Guide to Green Card Marriage in the United States

    Applying for a Marriage Green Card

    Many people choose to work with an immigration attorney to get a green card based on marriage. That’s because the application process can be complicated and time-consuming, and even a small error could lead to rejection.

    When your attorney helps you apply for a marriage-based green card, she’ll file Form I-130 to establish your marital relationship. She needs to include several types of documentation with this form, including proof that your spouse qualifies to sponsor you and that you’re legally married. Your attorney will also include proof that you’re in a bona fide (genuine) relationship with your spouse, such as:

    • A joint lease
    • Joint bank statements
    • Photos of you and your spouse together
    • Receipts for gifts you and your spouse have gotten each other

    Then, your attorney will fill out and file Form I-485 or Form DS-260 for you. That form also needs supporting documentation, including proof of your nationality, that you entered the U.S. lawfully, and that you don’t have any communicable diseases that could pose a public health threat. Your lawyer may need to fill out a number of other forms, too, depending on your situation (such as an application for employment authorization or for travel authorization). You may also need to provide USCIS with other types of documentation, which your attorney will explain to you.

    Green Cards for VAWA Self-Petitioners

    Under most circumstances, your spouse must petition the government for your green card. You’re not allowed to apply for yourself. However, in some cases, people are allowed to apply for their own green cards. If you’re the victim of domestic abuse or cruelty, you may be eligible to apply for your own green card under the Violence Against Women Act (VAWA). You don’t have to be a woman to apply; it’s open to all victims of abuse or cruelty.

    If you apply for your own green card this way, you’re called a VAWA self-petitioner. You may still be able to get a green card without your spouse’s knowledge or consent. If you’re in a situation like this, let your attorney know – she can help you fill out and file the appropriate forms with USCIS.

    Related: What happens to your work permit after cancellation of removal?

    The Marriage Green Card Interview

    After your attorney has filed your petitions and supporting documentation, you have to participate in a green card interview. A U.S. Citizenship and Immigration Services (USCIS) officer will interview you. This officer’s primary job is to determine whether your marriage is genuine. That means the officer looks for evidence that you married just to get a green card – and if they find any, the government will deny your petition.

    Your interview will take place at the USCIS office nearest your home. If you live abroad, your interview will take place at a U.S. embassy or consulate in your home country.

    How the Length of Your Marriage Determines What’s Next

    If you’ve been married for fewer than two years and USCIS approves your petition, you’ll receive a conditional green card that’s valid for two years. If you’ve been married for more than two years, you’ll receive a permanent green card that’s valid for ten years.

    A Word on Conditional Marriage-Based Green Cards

    A conditional green card is only temporary. It’s valid for two years. Before those two years are up, you must apply to remove the conditions; if you don’t, the government can deport you. (The condition is really that you remain married to your spouse for at least that length of time.) Your attorney can help you remove the conditions from your green card. After the conditions are removed, you receive a permanent green card.

    Related: The complete guide to deportation

    How Long Does it Take to Get a Green Card Through Marriage?

    Though processing times vary, it typically takes USCIS between 9 and 36 months to process a green card application. Your immigration attorney can keep track of your application and keep you updated on its status while you wait.

    Marriage Green Cards in the United States

    Common Questions About Green Card Marriage

    Check out these commonly asked questions about marriage-based green cards. If you don’t see the answer to your question here, please call our office at 914-481-8822 to ask – we’ll be happy to give you the answers and legal guidance you need.

    How Long Do You Have to Be Married to Get a Green Card in the U.S.?

    You typically have to be married for at least two years to get a permanent green card. However, you can get a conditional green card before you’ve been married that long. After you remove the conditions from your green card – which you do by showing that your marriage is legitimate (and that you’re still married to the same person) – you may receive a permanent green card that’s good for ten years.

    Related: U visa processing times

    What Happens to Your Green Card if You Divorce?

    If you divorce your spouse before the government issues you a green card, the whole process stops. That’s because you were eligible for a green card based on your marriage to a U.S. citizen or lawful permanent resident – and now that you’re divorced, that relationship no longer exists. You cannot get a green card if you divorce while USCIS is processing your application.

    If you divorce your spouse while you have a conditional green card, you need to prove that your marriage was genuine and that you didn’t commit immigration fraud. There are some special circumstances, such as when you’re a VAWA self-petitioner, that enable you to apply for your own green card if you divorce before your marriage is two years old.

    If you divorce your spouse while you have a permanent green card, which is good for ten years, it probably won’t affect your green card renewal. However, you can contact an immigration attorney if you aren’t sure or need help with your renewal.

    Can You Marry Someone Just to Get a Green Card?

    It’s illegal to marry someone just to get a green card. When the U.S. government finds out that you committed immigration fraud, you’ll be removed from the country. If you’re removed, you won’t be allowed to come back for a set period of time – even if you have a home, a job and other ties to the United States.

    Do You Need to Talk to an Immigration Attorney About Getting a Green Card Through Marriage?

    If you need to talk to an immigration attorney, we may be able to help you. Call our office at 914-481-8822 to schedule a consultation with an experienced, knowledgeable immigration attorney who can answer your questions and give you the legal advice you need.