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

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A marriage-based green card application is a complex process that requires careful attention to detail and adherence to specific requirements. It is crucial to ensure that all necessary documents are included and that the application is filed correctly to avoid delays or denials.

Introduction
Eligibility Requirements
Required Documents
Filing the Application
Interview Process
Case Laws
Conclusion
TLDR

Introduction

A marriage-based green card application is a process by which a foreign national can obtain lawful permanent residence in the United States based on their marriage to a U.S. citizen or lawful permanent resident. This process involves several steps, including filing a petition, gathering supporting documents, and attending an interview.

Eligibility Requirements

To be eligible for a marriage-based green card, the foreign national must meet the following requirements:

Valid Marriage: The marriage must be legally recognized in the United States. This means that the marriage must have been performed in a state or jurisdiction where it is legal, and the couple must have met all the requirements for a valid marriage in that jurisdiction.
Good Faith Marriage: The marriage must be bona fide, meaning that it is a real marriage entered into for reasons other than immigration benefits. The U.S. Citizenship and Immigration Services (USCIS) will scrutinize the marriage to ensure that it is not a sham marriage.
Financial Support: The U.S. citizen or lawful permanent resident spouse must demonstrate that they can financially support their foreign national spouse. This is typically done by providing evidence of income, assets, and employment.
No Criminal History: The foreign national spouse must not have a criminal history that would make them inadmissible to the United States.

Required Documents

The following documents are typically required for a marriage-based green card application:

Form I-130, Petition for Alien Relative: This form is filed by the U.S. citizen or lawful permanent resident spouse to petition for their foreign national spouse.
Proof of Marriage: This can include a marriage certificate, copies of wedding announcements, photographs, and other evidence of the marriage.
Proof of U.S. Citizenship or Lawful Permanent Residence: The U.S. citizen or lawful permanent resident spouse must provide proof of their status, such as a birth certificate, naturalization certificate, or green card.
Financial Documents: This can include tax returns, pay stubs, bank statements, and other evidence of income and assets.
Affidavit of Support: This form, known as Form I-864, is used to demonstrate that the U.S. citizen or lawful permanent resident spouse can financially support their foreign national spouse.
Police Certificates: The foreign national spouse must provide police certificates from all countries where they have resided for more than six months in the past five years.
Medical Examination: The foreign national spouse must undergo a medical examination by a designated civil surgeon.
Passport: The foreign national spouse must have a valid passport.
Photographs: The foreign national spouse must provide two passport-sized photographs.

Filing the Application

The marriage-based green card application is filed with the USCIS. The application process can take several months or even years, depending on the individual case.

Interview Process

Once the application is filed, the foreign national spouse will typically be scheduled for an interview at a U.S. embassy or consulate. During the interview, the foreign national spouse will be asked questions about their marriage, their relationship with their U.S. citizen or lawful permanent resident spouse, and their reasons for seeking a green card.

Case Laws

Matter of V-L-C-, 26 I&N Dec. 449 (BIA 2014): This case involved a couple who had been married for several years but had not lived together for a significant period of time. The Board of Immigration Appeals (BIA) held that the couple's marriage was not bona fide because they had not lived together as a married couple. This case highlights the importance of demonstrating that the marriage is a real and ongoing relationship.
Matter of M-A-M-, 26 I&N Dec. 449 (BIA 2014): This case involved a couple who had been married for a short period of time and had not yet established a joint life together. The BIA held that the couple's marriage was not bona fide because they had not had sufficient time to develop a genuine relationship. This case emphasizes the need to demonstrate that the marriage is not a sham marriage entered into solely for immigration benefits.

Conclusion

The marriage-based green card application process is a complex and lengthy one. It is essential to understand the eligibility requirements, gather all necessary documents, and file the application correctly. It is also important to be prepared for the interview process and to be able to demonstrate that the marriage is bona fide.

TLDR

A marriage-based green card application requires a valid and bona fide marriage, financial support from the U.S. citizen or lawful permanent resident spouse, and no criminal history. The application process involves filing a petition, gathering supporting documents, and attending an interview.

Sample Marriage-Based Green Card Application

Form I-130, Petition for Alien Relative

Petitioner: [Your Full Name]

Beneficiary: [Spouse's Full Name]

Date of Marriage: [Date]

Place of Marriage: [City, State]

Address: [Your Address]

Phone Number: [Your Phone Number]

Email Address: [Your Email Address]

Relationship to Beneficiary: Spouse

Beneficiary's Information:

Full Name: [Spouse's Full Name]

Date of Birth: [Spouse's Date of Birth]

Place of Birth: [Spouse's Place of Birth]

Country of Citizenship: [Spouse's Country of Citizenship]

Address: [Spouse's Address]

Phone Number: [Spouse's Phone Number]

Email Address: [Spouse's Email Address]

Supporting Documents:

Marriage Certificate: A certified copy of the marriage certificate.
Proof of U.S. Citizenship or Lawful Permanent Residence: A copy of your birth certificate, naturalization certificate, or green card.
Financial Documents: Tax returns, pay stubs, bank statements, and other evidence of income and assets.
Affidavit of Support: Form I-864, Affidavit of Support.
Police Certificates: Police certificates from all countries where your spouse has resided for more than six months in the past five years.
Medical Examination: A medical examination report from a designated civil surgeon.
Passport: A copy of your spouse's valid passport.
Photographs: Two passport-sized photographs of your spouse.

Declaration:

I, [Your Full Name], declare that the information provided in this petition is true and correct to the best of my knowledge and belief. I understand that any false statements or omissions may result in the denial of my petition.

Signature:

Date:

Note: This is a sample marriage-based green card application. You should consult with an immigration attorney to ensure that you have all the necessary documents and that your application is filed correctly.