Green Card Application Through Marriage

By Asim Kilinc, Immigration Attorney at CK Law Firm

Applying for a Green Card through marriage is one of the most common ways for foreign nationals to obtain legal residency and work authorization in the United States. This process can be complex and includes many important steps. In this article, we will outline the details of the application process and highlight key points for a successful application:

• The Green Card Application Process
• Required Documents and Evidence
• Interview and Preparation Process
• Key Considerations During the Application Process
• Potential Issues During the Application Process

If you have any further questions, please feel free to reach out via the comments section below, send me a direct message on LinkedIn, or contact me through the website of CK Law Firm, where I serve as a co-founder.

Green Card Application Process

a. Filing Form I-130 and I-485:

The first step in the process is for the U.S. citizen or Green Card holder spouse to file Form I-130 on behalf of the foreign spouse. This form is the foundation of the family-based immigration application. If the foreign spouse is already in the U.S., they can simultaneously file Form I-485 for adjustment of status. Once Form I-130 is approved, applicants may submit Form I-485 to transition to lawful permanent resident status.

b. National Visa Center Process:

Once Form I-130 is approved, the application is sent to the National Visa Center (NVC). The NVC collects required documents and information, and then schedules an interview. The interview takes place at a U.S. consulate outside the United States.

c. Receiving the Conditional Green Card:

If the interview is successful, the foreign spouse will receive a two-year conditional Green Card. This card serves as a trial period to determine whether the marriage is genuine.

d. Transitioning to a Permanent Green Card:

Before the conditional Green Card expires, within 90 days, the couple must file Form I-751 to remove the conditions on the residency. At this stage, additional documents proving the legitimacy of the marriage must be provided. Once approved, the foreign spouse will receive a 10-year permanent Green Card.

Required Documents and Evidence

One of the most critical aspects of the application process is providing documents that prove the marriage is real. These documents may include:

• Identity and Birth Certificates: Birth certificates, passport copies, and citizenship or Green Card documentation of the U.S. citizen or permanent resident spouse.
• Proof of Marriage: Marriage certificate, wedding photos, joint bank account statements, lease agreements, photos taken together, and affidavits from family or friends.
• Medical Report: Form I-693, showing the applicant’s medical condition.
• Criminal Records: If the applicant has any criminal record, it must be documented.

Interview and Preparation Process

The interview is one of the most critical steps in the marriage-based Green Card application. During the interview, the authenticity of the marriage is questioned, and the couple may be asked about how well they know each other. When preparing for the interview, couples should keep the following points in mind:

• Provide Consistent Answers: The spouses must give consistent and harmonious answers during the interview. The officer may ask questions to each spouse separately and look for inconsistencies.
• Thorough Preparation: Couples should review their past memories, details of their marriage, and daily life. Knowing key dates, family members, and special moments spent together can be helpful during the interview.

Key Considerations During the Application Process

a. Timing:
It is important to complete the application process on time. Since the Green Card process can take several months, applications must be submitted completely and on time. Additionally, it is essential to apply with the necessary documents before the conditional Green Card expires.

b. Seek Professional Help:
Applying for a Green Card through marriage can be complex. To avoid errors at any stage of the process, it is advisable to seek professional support from an immigration lawyer.

c. Preventing Fraud Allegations:
The USCIS has strict measures in place to prevent fraudulent marriages. Therefore, it is crucial to present all details transparently and provide complete documentation during the application process.

Potential Issues During the Application Process

There may be some issues when applying for a Green Card through marriage. These problems often stem from the submission of incomplete or incorrect documents. Additionally, if the couple has a history of divorce or children from previous marriages, this can complicate the process. In such situations, consulting an immigration lawyer is the best course of action.

Conclusion

Applying for a Green Card through marriage is one of the most effective ways to obtain legal residency and work authorization in the U.S. However, to successfully complete this process, careful preparation and submission of the correct documents are required.

CK Law Firm is pleased to offer professional support for your marriage-based Green Card applications. For detailed information and consultation services, you can reach us via cklawfirm.org, info@cklawfirm.org, or LinkedIn.

Who is Attorney Asım Kılınç?

Attorney Asım Kılınç is the co-founder of CK Law Firm and is recognized for his expertise in immigration law and U.S. asylum applications. Kılınç completed his Master’s degree at Southern Methodist University Dedman School of Law and is a member of the Missouri Bar Association, with a focus on U.S. immigration law.

Attorney Kılınç’s extensive knowledge and experience in immigration law have significantly contributed to CK Law Firm’s success in this field. He has actively participated in the preparation of over 1,000 cases, demonstrating his expertise in this area. By providing comprehensive and professional legal support to his clients, he helps them adapt to their new lives in the U.S.

Attorney Kılınç is also well-versed in U.S. asylum applications. He meticulously guides his clients through the process and ensures they receive the best legal advice. He provides top-quality service to clients in matters of citizenship, Green Card, work permits, and other immigration processes, supporting them from start to finish on their journey to U.S. citizenship.

Attorney Asım Kılınç, who solidifies CK Law Firm’s leadership in immigration law and U.S. asylum applications, offers reliable and effective legal consultancy services to clients, assisting them in building a new life in the U.S.