Who qualifies for a marriage-based green card and how does the process work?
According to immigration attorney Kevin J. Stewart, a U.S. citizen who marries a foreign national can petition for their spouse to become a permanent resident. If the foreign national is already lawfully in the United States, the couple can typically file Form I-130 (Petition for Alien Relative) and Form I-485 (Application to Adjust Status) at the same time — a process known as concurrent filing. Once the marriage is legally documented, the foreign spouse may adjust their status without leaving the United States, provided all eligibility requirements are met.
What does USCIS mean by a “bona fide” marriage and why is it important?
U.S. Citizenship and Immigration Services (USCIS) must ensure that marriages used to obtain green cards are genuine. A bona fide marriage means the couple married with the intent to build a life together, not solely for immigration benefits. Fraudulent or “sham” marriages can lead to severe penalties, including denial of applications and future immigration bars.
What evidence helps prove that a marriage is genuine?
Strong evidence includes cohabitation (living together), joint financial accounts, shared expenses, joint insurance policies, jointly owned property or vehicles, family and friends who know the couple, and photos over time. Couples should document shared activities and responsibilities. While photos help, submitting an excessive number is unnecessary, and intimate or “TMI” photos should be avoided.
What red flags may cause USCIS to question a marriage’s validity?
Significant age differences, major cultural or religious differences, lack of cohabitation without a clear reason, and inconsistent statements during interviews can raise concerns. USCIS officers may conduct site visits, and if household members are unaware of the spouse, it can trigger further scrutiny.
What paperwork is involved before the green card interview?
The petition (Form I-130) confirms that the foreign spouse qualifies as an immediate relative. The adjustment of status application (Form I-485) addresses the foreign spouse’s eligibility for permanent residence, including background checks and admissibility issues. Although the forms can be filed together, they are reviewed separately.
How long does the marriage-based green card process take?
Processing times vary significantly. Some cases are resolved in as little as six weeks, while others may take up to two years. Factors include USCIS workload, complexity of the case, and whether additional evidence is required.
How should couples prepare for the marriage-based green card interview?
Couples should review their entire application and be prepared to answer basic questions about their relationship, including how they met and key life details (e.g., anniversaries). If USCIS has doubts, the agency may conduct a Stokes interview, where each spouse is interviewed separately to confirm the authenticity of the marriage. Honesty and consistency are critical.
What is a Stokes interview and when is it used?
A Stokes interview is a secondary interview process used when USCIS suspects fraud or inconsistencies. Each spouse is questioned separately about personal and relationship details, and answers are compared. Although not common in every region, they can occur if warning signs appear in a case.
How do fiancé visas differ from marriage-based green cards?
Fiancé visas (K-1 visas) are for foreign nationals engaged to U.S. citizens. They allow entry to the United States for the purpose of marriage, provided the couple has met in person within the previous two years and can prove their engagement. After the marriage occurs, the foreign spouse applies for adjustment of status.
What are conditional green cards and how are conditions removed?
If a marriage is less than two years old at the time permanent residence is granted, USCIS issues a conditional green card valid for two years. Within 90 days of its expiration, the couple must jointly file Form I-751 (Petition to Remove Conditions on Residence) with updated evidence of the ongoing marriage.
How can couples manage stress or anxiety about USCIS interviews?
Attorney Stewart advises couples to view the interview as an opportunity to confirm their legitimate marriage, not as a trap. Couples should answer truthfully, even if that means acknowledging uncertainty about minor details. If any information has changed since filing, they should proactively inform the officer and provide documentation.
How should unauthorized employment or other status issues be addressed?
Honesty is essential. If a foreign spouse worked without authorization before applying, they must disclose this if asked. Attempting to hide information can result in serious consequences. USCIS may forgive certain infractions in marriage-based cases, but misrepresentation can permanently harm eligibility.