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What should be included in a marriage-based green card application?

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Introduction

Applying for a marriage-based green card is a significant step for couples where one spouse is a U.S. citizen or lawful permanent resident and the other is a foreign national. This process allows the foreign spouse to obtain lawful permanent residency in the United States. The application process involves several steps and requires the submission of various forms and supporting documents to prove the legitimacy of the marriage and the eligibility of the applicants. This guide will outline the essential components of a marriage-based green card application, focusing on the requirements and procedures relevant to Kenyan citizens.

Overview of the Marriage-Based Green Card Process
Key Forms and Documents Required
1. Form I-130 and I-130A
2. Form I-485
3. Form I-864
4. Form I-693
5. Form I-765 and I-131
Supporting Documents
1. Proof of U.S. Citizenship or Lawful Permanent Residency
2. Proof of Lawful Marriage
3. Evidence of Bona Fide Marriage
4. Financial Documents
5. Medical Examination and Vaccination Records
Additional Considerations
1. Interview Process
2. Common Mistakes to Avoid
Relevant Case Laws and Legal Precedents
Conclusion
TLDR

1. Overview of the Marriage-Based Green Card Process

The marriage-based green card process involves several steps, starting with the filing of a petition by the U.S. citizen or lawful permanent resident spouse. The process can be divided into two main parts: the petition phase and the adjustment of status phase.

Petition Phase: The U.S. citizen or lawful permanent resident spouse files Form I-130, Petition for Alien Relative, to establish the relationship with the foreign spouse.
Adjustment of Status Phase: The foreign spouse files Form I-485, Application to Register Permanent Residence or Adjust Status, to apply for a green card.

2. Key Forms and Documents Required

2.1 Form I-130 and I-130A

Form I-130: This form is filed by the U.S. citizen or lawful permanent resident spouse to establish the qualifying relationship with the foreign spouse. It includes information about both spouses and their marriage.
Form I-130A: This supplemental form provides additional information about the foreign spouse and must be submitted along with Form I-130.

2.2 Form I-485

Form I-485: This form is filed by the foreign spouse to apply for adjustment of status to lawful permanent resident. It includes biographical information, details about the applicant's immigration history, and other relevant information.

2.3 Form I-864

Form I-864: This form, also known as the Affidavit of Support, is filed by the U.S. citizen or lawful permanent resident spouse to demonstrate that they can financially support the foreign spouse. It includes information about the sponsor's income and assets.

2.4 Form I-693

Form I-693: This form is used to report the results of the foreign spouse's medical examination and vaccination records. It must be completed by a designated civil surgeon.

2.5 Form I-765 and I-131

Form I-765: This form is used to apply for an Employment Authorization Document (EAD), allowing the foreign spouse to work in the U.S. while the green card application is pending.
Form I-131: This form is used to apply for Advance Parole, allowing the foreign spouse to travel outside the U.S. while the green card application is pending.

3. Supporting Documents

3.1 Proof of U.S. Citizenship or Lawful Permanent Residency

U.S. Citizen Spouse: A copy of the U.S. citizen spouse's birth certificate, passport, naturalization certificate, or certificate of citizenship.
Lawful Permanent Resident Spouse: A copy of the green card (front and back) or other proof of lawful permanent residency.

3.2 Proof of Lawful Marriage

Marriage Certificate: A certified copy of the marriage certificate to prove that the marriage is legally valid.

3.3 Evidence of Bona Fide Marriage

To prove that the marriage is genuine and not entered into for immigration purposes, the following documents can be submitted:

Joint Bank Account Statements: Showing both spouses' names.
Lease or Mortgage Documents: Indicating joint ownership or tenancy.
Utility Bills: In both spouses' names.
Photographs: Of the couple together at various events and with family and friends.
Affidavits: From friends and family attesting to the authenticity of the marriage.

3.4 Financial Documents

Tax Returns: Copies of the U.S. citizen or lawful permanent resident spouse's federal tax returns for the past three years.
Employment Verification: A letter from the employer or recent pay stubs to verify current employment and income.
Asset Documentation: Proof of any assets that can be used to meet the financial requirements.

3.5 Medical Examination and Vaccination Records

Form I-693: Completed by a designated civil surgeon, including the results of the medical examination and vaccination records.

4. Additional Considerations

4.1 Interview Process

After the forms and supporting documents are submitted, the couple will be scheduled for an interview with a U.S. Citizenship and Immigration Services (USCIS) officer. The interview aims to verify the authenticity of the marriage and the information provided in the application. Both spouses should be prepared to answer questions about their relationship, daily life, and future plans.

4.2 Common Mistakes to Avoid

Incomplete Forms: Ensure all forms are fully completed and signed.
Insufficient Evidence: Provide ample evidence to prove the authenticity of the marriage.
Inaccurate Information: Double-check all information for accuracy to avoid delays or denials.
Missing Deadlines: Submit all forms and documents within the required timeframes.

5. Relevant Case Laws and Legal Precedents

5.1 Matter of Soriano, 19 I&N Dec. 764 (BIA 1988)

Relevance: This case established that the burden of proof is on the petitioner to establish the bona fides of the marriage.
Outcome: The Board of Immigration Appeals (BIA) held that the petitioner must provide sufficient evidence to prove that the marriage was not entered into for immigration purposes.

5.2 Matter of Laureano, 19 I&N Dec. 1 (BIA 1983)

Relevance: This case emphasized the importance of providing credible and substantial evidence to support the marriage-based green card application.
Outcome: The BIA ruled that the petitioner must present credible evidence, such as joint financial documents and affidavits from friends and family, to prove the authenticity of the marriage.

Conclusion

Applying for a marriage-based green card involves a detailed and thorough process that requires the submission of various forms and supporting documents. It is crucial to provide ample evidence to prove the authenticity of the marriage and meet all the eligibility requirements. By following the guidelines outlined in this guide, couples can navigate the application process more effectively and increase their chances of a successful outcome.

TLDR

To apply for a marriage-based green card, you need to submit several forms, including Form I-130, I-130A, I-485, I-864, I-693, I-765, and I-131. Supporting documents such as proof of U.S. citizenship or lawful permanent residency, proof of lawful marriage, evidence of a bona fide marriage, financial documents, and medical examination records are also required. Ensure all forms are complete, accurate, and submitted on time to avoid delays or denials.

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