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.

## Table of Contents

1. Introduction
2. Eligibility Requirements
3. Required Documents
4. Filing the Application
5. Interview Process
6. Case Laws
7. Conclusion
8. 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.

***


### 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.

### Table of Contents

1. Overview of the Marriage-Based Green Card Process
2. 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
3. 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
4. Additional Considerations
   1. Interview Process
   2. Common Mistakes to Avoid
5. Relevant Case Laws and Legal Precedents
6. Conclusion
7. 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.

### Sources

- [USCIS - How to Apply for a Green Card](https://www.uscis.gov/green-card/how-to-apply-for-a-green-card)
- [Boundless - Marriage Green Card Checklist](https://www.boundless.com/immigration-resources/what-documents-for-marriage-green-card/)
- [Nolo - Marrying a Citizen of Kenya? How to Get a Green Card for Your New Spouse](https://www.nolo.com/legal-encyclopedia/marrying-citizen-kenya-how-get-green-card-your-new-spouse.html)
- [Directorate of Immigration Services - Spouse to Kenya Citizen (Category D)](https://immigration.go.ke/spouse-to-kenya-citizen-category-d/)
- [Kenya Law Reports - The Marriage Act](http://www.kenyalaw.org:8181/exist/rest//db/kenyalex/Kenya/Legislation/English/Acts%20and%20Regulations/M/Marriage%20Act%20-%20No.%204%20of%202014/docs/MarriageAct4of2014.pdf)

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