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marriage green card

In this time of great uncertainty about immigration, many people are considering marriage to a US citizen or permanent resident as a safe way to get a green card. And, for many people, it is a relatively safe way. But this is true only if the rules for this case are followed very carefully.

What are the requirements for a successful marriage green card case? These can be divided into three categories: 1) Eligibility, 2) Genuine marriage, and 3) Ability to support (Public Charge).

1) Eligibility: Who is eligible to file for a marriage based green card? In order to file, if you are in the US, you must show that you entered the US legally, i.e. with a valid I-94. If you entered the US illegally, you can begin your marriage green card application in the US, but at some point you will have to leave the US to attend an interview for a marriage-based visa at a US consular office abroad.

However, if you entered the US legally, you can complete your marriage green card case in the US even if your legal status has expired or if you violated your legal status.

Your US spouse must be a US citizen (native born or naturalized) or a lawful US permanent resident (green card holder).

2) Genuine marriage:

Most importantly, you must have a real marriage relationship with your spouse. Entering into a fraudulent marriage just to get the green card may make you permanently ineligible to remain in the US or enter the US in the future.

3) Means of Support - Public Charge.

Even with a genuine marriage relationship, you must show that you have a means of support and will not need public assistance after you receive your green card. This involves an affidavit of support to be filed by your spouse, and may also require one or more additional "joint sponsor" affidavits of support to be filed by family members or friends.

What do you need to do to show a genuine marriage relationship? Showing that you have a genuine marriage relationship is the most important part of a marriage-based green card case. After filing, you and your spouse are almost certain to be called for an interview together at the immigration office to show proof that your are living together. At the interview, you will need to show the following documents:

a) Lease or deed to your apartment or house,
b) bank statements - either joint or separate showing that you and your spouse have the same address,
c) Federal and state income tax returns (either separate or joint) credit card and utility bills, insurance policies and any other documents showing that you are both receiving mail at the same address,
d) Photos of you both together and with other close friends and family members,
e) Optional - letters or statements from friends who have visited you both together or socialized with you both. You will likely also be asked questions about how you and your spouse met, where you went on your first date, as well as any trips you have taken together, and contact with each others' family members etc.

Regarding affidavit of support - public charge requirements, your US spouse (and any joint sponsor) will need to file an affidavit showing current income of at least 125% of the current poverty level guidelines for your household size as published by the US Department of Labor, along with his or her US (IRS) tax return for the latest filing year showing at least the above income. He or she will also be required to show at least the above amount of adjusted gross income from IRS tax returns for the two most recent previous tax years (though the actual returns for those two previous years are not required. Affidavit of support sponsors and joint sponsors are also required to show W-2 forms, pay records or other proof of income or assets meeting the above requirements.

In summary, the documentary requirements for a marriage green card case are both complex and strict, and they require careful preparation by an experienced immigration attorney, Roger Algase, Attorney at Law, has more than 40 years experience with marriage -based immigration cases and he is ready to help you no matter where you live in the US, and whether your marriage is opposite or same sex.

[Contact]

• Algase Roger
• 241 Central Park West Suite 19F, New York, NY, 10024 US
• [TEL]+1 (212) 724-5643

Roger Algaze, a New York immigration attorney, can help you with visa applications: H1-B, O1, marriage and employment based green card applications, Labor Certification Application （ Labor Certification Application ） and various other visas. We specialize in O1 visas. Other States ・ Please feel free to contact us from Japan in Japanese ！.