Every year, the United States receives a plethora of applications for permanent residency or green card status based on a number of factors. One popular foundation for green card applications is the basis of marriage. A non-citizen who enters into a legitimate marriage with a current U.S. citizen in good standing is eligible for a green card provided that he meets the necessary requirements. However, to account for the increased presence of fraudulent green card marriages, the requirements for marriage-based green card applications have begun to grow stricter over the years. Therefore, it’s important that people looking to begin the marriage-based green card application process understand what some of the chief conditions entail.
As an experienced immigration attorney from the law firm Fisher & Frommer, NYC, Daniel Fisher lists the following as some of the primary requirements for marriage-based green card applications:
Proof of marriage
The applicant will need to supply proof that he legally married the U.S. citizen claiming to be his spouse. Certified copies of marriage licenses or certificates are often a necessary component of this requirement.
Proof of eligibility of the U.S. citizen
The member of the couple who is a U.S. citizen must provide proof that he is, in fact, eligible to petition his spouse. Items such as a U.S. Passport, Certificate of Naturalization, or certified copy of the citizen’s birth certificate can usually serve as ample proof for this purpose.
Proof of legal entry for the non-citizen spouse
The green card applicant will need to prove that he entered the United States legally. This can usually be done by presenting a valid visa. In the event that the applicant did not legally enter the United States, he’ll have to return to his home country and reenter in a legitimate fashion in order to proceed with the green card process.
Proof that the U.S. citizen is a citizen in good standing
The spouse of the green card applicant will need to submit proof that he has paid his taxes in accordance with U.S. law. Additionally, he will be asked to offer evidence that he is financially able to support his spouse.
Of course, these are only some of the many requirements involved in the marriage-based green card application process. Since the procedure is extremely complex, certain individuals might need to provide additional documentation depending on their specific circumstances. For this reason, it’s a good idea for anyone applying for marriage-based permanent residency to hire an immigration attorney who has been through the process many times over.
Remember, your marriage to a U.S. citizen might constitute perfectly suitable grounds for your green card application, but if you fail to provide the necessary proof needed to validate your application, then you could find yourself in the unfortunate position of having your petition denied. Therefore, your best bet is to just hire an immigration attorney from the get-go and have him walk you and your spouse through the process from start to finish. Additionally, an attorney can be instrumental in helping you prepare for the ever-important and potentially-stressful immigration interview, which can often make or break your application. By following the advice and guidance of an attorney, you can get the green card application over in as smooth and rapid a manner as possible so that you and your spouse can stop worrying about the process and instead focus your energies on enjoying married life together in America.
