Acquiring a “Green Card” through Marriage

If an alien is married to a U.S. citizen, he/she may apply for status through their spouse.  The application process is extensive and the assistance of an immigration lawyer NYC is strongly recommended.

What Does One Need For A Successful Green Card Application?

In order to file a successful marriage petition, applicants must provide copies of the following documents:

·         Petitioner and beneficiary’s marriage certificate

·         Petitioner’s passport

·         Beneficiary’s passport and arrival record

·         Petitioner’s and beneficiary’s birth certificate

·         Children’s birth certificate(s) (if applicable)

·         Photographs of petitioner and beneficiary

·         Passport-styled photos for both petitioner & beneficiary

·         Tax returns for the past three years

Applicants will also need to complete the following forms:

·         G-28 forms for both the petitioner and the beneficiary

·         I-130 form for the petitioner

·         I-485 form for the beneficiary

·         G-325A biographic information forms for both the petitioner and the beneficiary

·         I-765 Employment Authorization form for the beneficiary (optional)

·         I-864, Affidavit of Support, signed by the petitioner along with tax returns for the past three years

·         A second I-864 form signed by a co-sponsor along with tax returns for the past three years (if petitioner does not meet USCIS support guidelines)

What Should I Expect After Filing?

After the marriage petition is filed, theapplicant receives a biometrics appointment notice. At this interview, the applicant is photographed and fingerprinted.

What Happens If My Application Is Denied?

Usually, before a marriage petition is denied, USCIS issues an “intent to deny” notice and allows the petitionerto provide additional evidence in support of his petition. However, if the petition is ultimately denied, the petitioner may be able to reapply depending on the reasons underlying the denial, i.e. lack of documentation.

If you initially applied without an attorney, you should consider retaining an immigration lawyer NJ prior to filing again.

Further Reading:
Know the details about the I-751 self petition in case Green Card is issued on condition of remaining married for another 2 years but the marriage gets dissolved before that period.