Marriage-based immigration

Premium processing allows expedited processing of certain types of applications for an additional fee. But it is not currently available for marriage-based green card petitions.

However, USCIS may offer premium processing for some applications in the future, so it is always a good idea to check with an immigration attorney to see if it becomes available.

An Affidavit of Support is a legal document in which a U.S. citizen or permanent resident agrees to financially support the foreign national spouse to meet their basic needs. The Affidavit of Support helps ensure that the foreign national spouse will not become a public charge.

To write an Affidavit of Support, you must include your full name, contact information, and relationship to the foreign national spouse. You must also provide information about your income, assets, and employment status to demonstrate that you meet the minimum income requirements. The income requirements vary depending on the number of people in your household, including yourself, your spouse, and any dependents.

You can find a sample Affidavit of Support form (Form I-864) on the USCIS website.

Please consult with an immigration lawyer to ensure that you provide accurate and complete information and provide enough supporting financial documents.

The minimum income requirements for a marriage-based green card vary depending on your household size. As of 2023, the minimum income requirement for most applicants is 125% of the Federal Poverty Guidelines (100% for government workers and the military).

For example, as of 2023, the minimum income requirement for a household of two (petitioner and beneficiary) at 125% of the FPG is $21,550, while the requirement at 100% of the FPG is $17,240.

You may need to find a joint sponsor if you do not meet the income requirements.

Guidelines may change over time, so it’s always best to consult an immigration attorney to ensure you meet the income requirements for a marriage-based green card.

When applying for a marriage-based green card, USCIS will require evidence to establish that your marriage is genuine and not entered solely for immigration purposes. The following documentation examples can be used to prove the relationship:

• Marriage certificate (the original or certified copy).
• Joint lease or property ownership documents.
• Joint bank accounts or credit cards.
• Joint tax returns.
• Photos of you as a couple, with mutual family and friends (particularly those taken at significant life events such as weddings, holidays, and vacations).
• Affidavits (sworn statements from friends and family members attesting to the genuineness of your relationship).
• Travel records (tickets, hotel bookings, …).
• Correspondence: (letters, emails, or romantic chats between you and your spouse).

It is essential to provide as much evidence as possible to establish the authenticity of your relationship. USCIS will review all of the evidence provided and may request additional documentation or schedule an interview to assess the bona fide of the marriage.

Please consult an immigration lawyer what documents of bona fide marriage you can provide in your particular circumstances.

IR1 and CR1 are two different types of immigrant visas for spouses of U.S. citizens.

IR1 stands for “Immediate Relative 1”. This type of visa is issued to those who have been married for more than two years. The IR1 visa is an immigrant visa that allows the spouse to enter the United States as a lawful permanent resident (green card holder).

CR1 stands for “Conditional Resident 1”. This visa is issued to the spouse of a U.S. citizen who has been married for less than two years. The

CR1 requires an additional step to remove the conditions on permanent residency (within 90 days before the second anniversary of the entry into the United States), while the IR1 visa does not.

During the interview for a marriage-based green card, the immigration officer will ask questions to determine whether your marriage is genuine and bona fide.

Bona fide means your relationship is based on love and a commitment to a life together, not solely for immigration purposes.

Some of the typical questions that may be asked include:

• How did you meet your spouse?
• When and where did you get married?
• What did you do on your last anniversary?
• What are your spouse’s hobbies and interests?
• Who does the household chores?
• Who pays the bills and manages the finances?
• How did you celebrate your last birthday or holiday together?
• What are your future plans as a couple?

The immigration officer may also ask questions about your background and immigration history. It is important to be honest and truthful in your answers during the interview and to provide any additional documentation or evidence that the immigration officer may request.

If you have concerns about the interview process or are unsure how to prepare, it may be helpful to consult with an experienced immigration attorney.

While most interview questions for a marriage-based green card focus on determining the relationship’s authenticity, there have been cases where immigration officers have asked unusual or unexpected questions:

• What side of the bed do you sleep on?
• What type of toothpaste does your spouse use?
• What did you wear to bed last night?
• Who cooks dinner most often?
• What brand of shampoo do you use?
• What is your spouse’s favorite restaurant?

While these types of questions may seem irrelevant or even intrusive, they are intended to help determine the authenticity of the relationship by testing the petitioner’s knowledge of their spouse’s daily life and habits. It is important to answer these questions truthfully and to the best of your ability, as inconsistencies or lack of knowledge may raise concerns for the immigration officer.

In some cases, the interview may be waived if the immigration officer is satisfied with the information provided in your application and supporting documents. However, this is at the officer’s discretion and is more likely to happen in cases with strong evidence of a genuine relationship and no significant issues or concerns with the application.

A waiver of the interview may be granted if the applicant has provided sufficient evidence to establish that the marriage is genuine and bona fide – documentation such as joint bank account statements, joint lease agreements, joint tax returns, photographs, and affidavits from friends and family members attesting to the authenticity of the relationship.

Yes, as part of the marriage-based green card application process, you must undergo a medical examination by a USCIS/Consulate-approved physician to ensure that you do not have any diseases that could pose a public health risk. The exam will typically include a physical examination, a medical history review, and necessary laboratory tests.

A medical exam must be conducted within one year before the interview date. If the exam is conducted too far before the interview, you may be required to undergo a new exam.

Criminal history may affect your eligibility for a marriage-based green card. If you apply for an immigrant visa in the U.S. consulate abroad you must provide a police certificate from every country where you have lived for more than six months since turning 16 years old. If you apply for adjustment of status to permanent residency inside the U.S., USCIS will conduct a background check as part of the application process.

Certain criminal convictions can make you inadmissible to the United States (drug offenses, fraud, theft, violence, child abuse convictions). However, some criminal convictions may be waived if you can demonstrate that you are not a threat to public safety.

There are some reasons why a marriage-based green card application may be denied. Some of the most common causes include:

Ineligibility: if you do not meet the eligibility requirements, e.g., being inadmissible to the United States or not meeting the income requirements for the Affidavit of Support.

• Failure to provide required documents: if you fail to submit all the necessary documents or provide inaccurate or incomplete information.
• Fraud or misrepresentation: if USCIS determines that you have committed fraud or provided false information in your application. E.g., misrepresenting the authenticity of the marriage, failing to disclose prior marriages or criminal history, or providing fake documents.
• Lack of evidence: if the USCIS officer believes your marriage lacks the necessary level of commitment.
• Criminal history: if you or your spouse have a criminal record, particularly for certain crimes (see below).
• Medical issues: if you or your spouse have a medical condition threatening public health or safety.
• Failure to attend the interview: please attend the interview or explain your absence sufficiently.

If your application is denied, you may be able to appeal the decision or reapply with additional evidence or documentation. Consult with an immigration attorney if you are concerned about the likelihood of a denial or have received a rejection.

To apply for an SSN card, you must first have a lawful basis for needing one, such as being authorized to work in the United States. You should wait at least 10 days after your arrival before applying to allow for your information to be updated in government databases.

Here are the steps:

1. Gather the necessary documents (to prove your age, identity, and immigration status — for example, your passport, visa, I-94 arrival/departure record, and employment authorization card).
2. Fill out Form SS-5 (including the necessary documents) and bring it, mail it to your local Social Security office or submit it electronically.
3. Once your application is processed and approved, your Social Security card will be mailed to you.

Also, if you have already applied for a Social Security number as part of your green card application process (Form I-765 EAD application), you do not need to apply separately for a Social Security card. Your Social Security card will be mailed automatically once your green card is issued.

If you are in the United States on a marriage-based visa or have applied, you may be eligible to work while you wait for your green card.

Here are the options:

• Employment Authorization Document (EAD): If you are filing an adjustment of status application, you can file concurrently Form I-765, Application for Employment Authorization, to obtain an EAD. The EAD allows you to work in the United States while processing your green card application.
• H-1B, L-1, O-1, E-2, TN, or other non-immigrant work visas: If you are already employed by a U.S. employer or have been offered a job by a U.S. employer, you may be eligible for an H-1B, L-1, or another employment-based visa. These visas allow you to work in the United States for a specific employer for a limited period.

It is important to note that you can only work in the United States once you have received authorization. If you work without authorization, you could face serious consequences, including deportation. If you are unsure about your eligibility to work in the United States, consult an immigration attorney.

Only immediate relatives of the U.S. citizens (spouses, parents, and children under 21 years old) will be forgiven for unlawful stay and work without authorization when they adjust status to permanent residency, and their green card application will still be approved.

If you were granted conditional permanent resident status, your green card would be valid for two years. Then you will need to apply to have the condition removed within 90 days of the second anniversary of the issue of your green card. If you were granted unconditional permanent resident status, your green card would be valid for 10 years, and you will need to renew it before it expires.

Please note: if you fail to renew your green card, you may lose your status as a lawful permanent resident, which could lead to deportation or other immigration consequences. Therefore, it is crucial to keep track of the expiration date of your green card and apply for renewal on time.

You can apply for a green card renewal up to 6 months before expiration.

If you divorce while you have a marriage-based green card, it could have an impact on your immigration status. What you need to keep in mind:

Conditional Permanent Residency: If you have been married for less than two years when your green card was granted, you will receive conditional permanent residency. This means that your green card will be valid for two years, and you will need to apply to have the condition removed within 90 days of the second anniversary of your green card being issued.

Removing the Condition: To remove the condition on your permanent residency, you must file Form I-751, Petition to Remove Conditions on Residence, together with your spouse. If you divorce before the second anniversary of your green card, you may still be able to remove the condition on your own if you can show that your marriage was entered into in good faith and not to evade immigration laws. This is known as a waiver of the joint filing requirement.

Possible Deportation: If you divorce before you have received unconditional permanent residency, you may be at risk of deportation if your green card application is denied or if you cannot remove the condition of your permanent residency.

It is essential to consult with an immigration attorney if you are considering divorce while holding a marriage-based green card. They can advise you on your options and explain the potential consequences of your actions.

If you got your green card through marriage to a U.S. citizen, you might be eligible to apply for U.S. citizenship through naturalization after three years of being a permanent resident.

The following criteria affect your eligibility:

• Have been a lawful permanent resident for at least three years;
• Have been physically present in the United States for at least half of these three years;
• Have been married to and living with the same U.S. citizen spouse for three years;
• Have not been outside the United States for trips lasting more than six months;
• Be a person of good moral character.

If you meet these requirements, you can file Form N-400, Application for Naturalization, and the necessary supporting documents and fees. After submitting your application, you will be scheduled for an interview and a naturalization test.

If you got your green card through marriage to a permanent resident rather than a U.S. citizen, you would need to wait five years before you are eligible to apply for U.S. citizenship.