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You are at:Home»News»Green Card by Marriage Requirements

Green Card by Marriage Requirements

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By James William on October 24, 2023 News

Marriage to a U.S. citizen or a lawful permanent resident has significantly different requirements than marriage to someone who is not a U.S. citizen. Here are specific examples of where there are deviations so that you can learn more today.

  1. Table of Contents

    Toggle
    • You need to be married to a lawful permanent resident or citizen of the United States.
    • Minimum Required Income
    • Being ineligible for immigration is impossible.
    • Status Requirement Modifications
    • If you plan on marrying a legal permanent resident, you must meet the following additional requirements:
    • Procedures Needed for Consular Processing
    • Paperwork Needed to Obtain a Green Card by Marriage

    You need to be married to a lawful permanent resident or citizen of the United States.

  • The wedding ceremony must follow all local requirements for legality and recognition.
  • USCIS considers the parties’ intentions to start a family together at the time of the marriage to be the essential factor in deciding whether or not the marriage is legal.
  • You can not acquire immigration benefits by getting married under pretenses.
  • For legal reasons (incest, numerous wives, etc.), the union cannot take place.
  1. Minimum Required Income

  • Your spouse must earn 125% of the federal poverty threshold as a US citizen or LPR.
  • An affidavit of support from your spouse is required.
  • A joint sponsor is allowed if the individual does not have an income equal to or greater than 125% of the federal poverty threshold.
  1. Being ineligible for immigration is impossible.

  • There are ten grounds for inadmissibility, including health, criminal history, previous removals, and more.
  • None of these descriptions apply to you.
  1. Submit an I-130 petition to USCIS and wait for approval.
  2. Submit an Application for Change of Status or Consular Processing

Status Requirement Modifications

If you plan on tying the knot with a US citizen or LPR:

  • Legal entry into the United States is required.
  • You must be in the United States when you complete Form I-485.

If you plan on marrying a legal permanent resident, you must meet the following additional requirements:

  • Visas should be readily available right now. 
  • Never engaged in any form of illegal employment while in the United States.
  • No unauthorized stay in the United States
  • You can not have come in on a visitor’s visa.

Procedures Needed for Consular Processing

If you plan on tying the knot with a US citizen or LPR:

Required to have a checkupAppointment at the consulate is required

If you plan on marrying a legal permanent resident, you must meet the following additional requirements:

Valid visas must be on hand.

Paperwork Needed to Obtain a Green Card by Marriage

Various supporting documents might accompany your claim for a green card via marriage. The specific documents you provide will vary depending on the nature of your relationship and the evidence at hand.

A certified translation must accompany all documents written in a language other than English.

 

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James William
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