Are you married to a U.S. citizen or legal permanent resident? Or are you planning to marry a U.S. citizen or lawful permanent resident?

[___Content overview]

1. Introduction to Marriage Green Card Application
2. Benefits of obtaining a green card through marriage
3. Marriage Green Card Application Process
4. Marriage Green Card Application Requirements
5. Documents Required for Marriage Green Card Application
6. Questions you may be asked in a marriage interview

I. Introduction to the Marriage Green Card Application

As the spouse of a U.S. citizen or permanent resident, you are eligible to apply for a green card. The core logic is that you can qualify for a green card by entering into a real and legal marriage with a U.S. citizen or permanent resident. To apply for a marital green card, your spouse, who is a U.S. citizen or permanent resident, will need to file a Form I-130 on your behalf (there are additional steps that follow, which are explained in more detail below). Your spouse is the "Petitioner" and you are the "Beneficiary".

With a green card, you are free to live and work in the U.S., travel in and out of the U.S., attend U.S. schools, and eventually apply to become a U.S. citizen. The Marriage Green Card application is not as simple as it seems. It involves several requirements and steps that must be strictly followed. Failure to submit the application correctly or omission of necessary steps may result in a delay or even denial of the case.

The requirements for a marital green card vary slightly depending on whether the spouse is a U.S. citizen or a permanent resident. This guide will make these differences clear.

II. Benefits of obtaining a green card through marriage

A marriage green card has several advantages, for example:

1. Can live and work anywhere in the U.S.
2. Possible adjustment of status in the U.S. even if your visa expires or your status lapses
3. No need for an employer to sponsor you through a job offer
4. Freedom of movement in and out of the United States
5. Your unmarried children under the age of 21 can apply for a green card as "derivative beneficiaries".
6. Can sponsor relatives after becoming a permanent resident
7. American Schools are available.

III. Marriage Green Card Application Process

The Marriage Green Card application consists of several steps, which are briefly summarized below:

1. Marriage to a U.S. citizen or permanent resident
2. Filing Form I-130
3. marriage interview
4. Submission of an application for adjustment of status or consular processing
5. Acquisition of conditional permanent resident status
6. Remove conditions and become an unconditional permanent resident
7. Naturalization (optional)

Detailed step-by-step instructions:

1. Marriage to a U.S. citizen or permanent resident

• The marriage must be consummated prior to the filing of the immigration application.
• The marriage needs to be legal and valid:
• The marriage needs to be legally valid in the place where it was organized.
• Marriage cannot be fraudulent (for the sole purpose of obtaining immigration benefits).
• The marriage cannot violate federal or state law (e.g., consanguineous marriage, bigamy, etc.).
• The key criterion: whether the parties had a genuine intention to live together at the time of the marriage.

2. Submission of Form I-130

• Form I-130 ("Petition for Alien Relative") is the first form filed with U.S. Citizenship and Immigration Services (USCIS).
• Documents such as proof of marriage, copy of passport, group photo, and evidence of the authenticity of the marriage must be submitted at the same time.

3. Marriage interviews

• After filing the I-130, USCIS may schedule an interview or investigation.
• Proof of the authenticity of the marriage is required at the time of the interview, with evidence such as photographs and testimonies from family and friends.
• Interview questions may involve:
• Spouse's family background (e.g., number of siblings)
• Relationship experiences (e.g., how they met)
• Details of daily life (e.g. what we did together yesterday)
• Home environment (e.g., how many televisions in the home)
• Personal preferences (e.g., spouse's favorite food)

4. Adjustment of status or consular processing

• Adjustment of Status (Form I-485): for applicants who are lawfully present in the United States.
• Requirements: lawful entry, presence in the U.S. at the time of submission, and no immigration ban.
• If the spouse is a permanent resident (non-citizen), this must also be met:
  • There are currently available visa quotas (check visa bulletin).
  • Never worked illegally or overstayed.
  • Non-entry through the Visa Waiver Program.
• Consular Processing (Form DS-260): for applicants who are outside the United States or who are not eligible for adjustment of status.
• Requirements: I-130 approved, no immigration ban, current visa availability, pass medical exam and attend consular interview.

5. Conditional permanent resident status

• If you get a green card before you have been married for 2 years, you will first get a "conditional green card" for 2 years.
• If you are approved for a green card after 2 years of marriage, you will receive an unconditional green card directly.
• During the conditional green card period, the green card may be canceled if USCIS finds that the marriage is not genuine or if the marriage is terminated within 2 years (e.g., divorce).

6. Release of Conditions (Form I-751)

• Within 90 days prior to the expiration of the 2-year conditional status, a Form I-751 Petition to Remove Conditions is required.
• Usually requires a joint submission by husband and wife, but a joint application may be waived in cases of death of a spouse, domestic violence, divorce, or extreme hardship.
• Evidence such as proof of joint residence, joint accounts, birth certificates of children, etc. are required.

7. Naturalization (optional)

• You can apply for naturalization after 5 years of obtaining a green card (conditional green card time counts).
• Request:
• 18 years and over
• Physically resided in the U.S. for at least 30 months within the past 5 years
• No record of absence from the country for more than 180 consecutive days
• Pass a test of knowledge of U.S. history and government

IV. Marriage Green Card Application Requirements

1. The marriage is genuine and legal

• The marriage needs to be legally valid in the place where it was organized.
• Both parties need to have a genuine intention to live together.
• Must not commit immigration fraud or violate the law (e.g., bigamy).

2. Income requirements

• Spouse's income needs to be 125% of the federal poverty level.
• A joint guarantor is required in case of insufficient income.

3. No immigration ban

• e.g. no criminal record, health issues, etc.

4. Form I-130 filed and approved

5. Completion of adjustment of status or consular processing

VI. List of documents required

• Spouse's documents: copy of passport, copy of green card, tax return, proof of termination of previous marriage (e.g. divorce decree).
• Applicant's documents: passport, birth certificate, certificate of termination of previous marriage.
• Common documents: marriage certificate, group photo, joint lease/mortgage, joint accounts, children's birth certificates, etc.
• Non-English documents must be accompanied by a certified translation.

VII. Examples of interview questions

• Spouse's background: place of birth, date of birth, family members.
• Relationship experience: how they met, details of the proposal.
• Home details: bedroom wall color, flooring type.
• Personal habits: spouse's nickname, usual perfume.