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Getting married across borders can introduce a ton of complications. Learn how to move through the process of getting a green card after marriage.

Eligibility for a marriage green card

Couples enjoy many activities together like watching movies and enjoying the entertainment industry. However, in order to continue enjoying entertainment and film, you have to make sure that you have the right green card so that you can stay together. Once you have gotten married, if you are not a citizen or your new spouse is not a citizen, you get to start the somewhat lengthy and complicated process of acquiring permanent resident status for your spouse or yourself. This begins with Form I-130.

What is form I-130?

This first form is a separate application that serves as the foundation for your green card process. With this form you established that you are in fact. The government will review this information and verify that you are married, that you have things like joint bank accounts or a joint lease together, pictures together demonstrating the course of your relationship, in order to make sure that you are not fraudulently applying for a green card on behalf of someone you don’t know.

However, this is simply the first step in the process of getting a marriage green card. This can take anywhere from a few months to a few years but once you receive approval oh, then you get to move on to the next step.

Do I need an immigration attorney to help?

Even with your first form, it is better for you to work with a top US immigration lawyer. A good Immigration lawyer can help you review your application before you submit it, ensuring that you have the proper documentation in order to substantiate your relationship and expedite the processing of your application. This is a lengthy process because it can take a long time for the government to review all of the documents and, if they find something missing, submit a request for additional evidence, and then review the additional evidence. Working with an attorney reduces the risk of that happening though it doesn’t guarantee it won’t happen entirely. If you work with an attorney for a marriage green card, they will typically provide a flat fee service that handles the entire process.

What does this mean?

This means that they will help you with the initial form as well as subsequent steps required to apply for and receive a marriage green card.

What is form I-485 or form DS-260?

This includes helping you with the next step which is verifying legally that your new spouse or you as the new spouse are eligible for a green card. There are two separate forms for this step, one for green card applicants who are currently living within the United States, that is form I-485, and one for people who are living overseas, that is DS-260.

This includes another filing fee, around $1,225 including the application and the biometrics.

  • You need proof of nationality for the spouse or yourself, whoever is seeking the green card. This will include a copy of their birth certificate and the photo page from a passport.
  • You will need proof of lawful entry such as prior visas or I-94 travel documents.
  • You will need a medical examination that is performed by an approved doctor.
  • You will need proof that the sponsoring spouse, the spouse who is currently a US citizen or green card holder, can financially support the spouse who is seeking a green card. This is through Form I-864 where you submit things like pay stubs or tax returns.

If you are living abroad but you recently married a US citizen, then you file your paperwork with the state department at the national visa center with which an immigration attorney near you can help. This includes a filing fee of $445 for the financial support form as well as the state department processing fee.

  • You will need a completed form DS-260.
  • You need proof of nationality for the spouse or yourself, whoever is seeking the green card. This will include a copy of their birth certificate and the photo page from a passport.
  • You will need a copy of their police record, known as a police clearance certificate. This will provide information on any previous interactions that the applicant has had with law enforcement, if any.
  • You will need proof that the sponsoring spouse, the spouse who is currently a US citizen or green card holder, can financially support the spouse who is seeking a green card. This is through Form I-864 where you submit things like pay stubs or tax returns.

Once the appropriate form has been submitted, the next step is attending your Green Card interview and waiting for final approval. The goal of this interview is to make sure that the marriage is authentic and this might include information about your relationship history, what plans you have together, what your daily activities are.

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