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Green Card Through Marriage – Marriage Green Card – I130 I485

Green Card Through Marriage

Marriage Green Card

The Messersmith Law Firm Immigration Lawyer Services

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GREEN CARD THROUGH MARRIAGE

Green Card Through Marriage Details

If an individual marries a US citizen, he or she may apply for permanent residence (green card) and obtain an EAD.

If the spouse is located outside of the US, the US citizen may apply for a K3 visa to allow the spouse to enter the US and obtain permanent residency.  If the couple is not yet married and the foreign fiancé(e) is located outside of the US, then a K1 visa is appropriate.

If the spouse is located in the US, the US citizen may sponsor the spouse for permanent residency, as long as the spouse entered the US legally, and obtain a work permit and advance parole.

For Whom Is a Green Card Through Marriage Appropriate?

Spouses of US citizens who wish to obtain permanent residence in the US.

Green Card Through Marriage Requirements

In order to obtain immigration benefits available to a spouse, there must be a valid marriage between the parties. In most situations, a marriage is valid for immigration purpose if it is recognized by the law of the state where it occurs. However, a marriage that is legally valid may still be disregarded if it is found to be a sham marriage, entered into by the parties to obtain immigration benefits and without any intention to live together as husband and wife.  The marriage must also be legally subsisting at the time that the immigration benefit is sought with an exception where the US citizen is deceased.

Either the US citizen must also provide an affidavit of support, guaranteeing the support the immigrant spouse for at least 10 years or until the beneficiary becomes a US citizen.  In order to guarantee this support, the sponsor must meet the annual income requirement of 125% of the current federal poverty guidelines or show that he or he has enough assets to support the immigrant spouse.  If the sponsor cannot meet this income requirement, then he or she may find other joint sponsors.

USCIS Memo Relating to Marriage green card

DateTitleDetails
November 18, 2015Approval of a Spousal Immediate Relative Visa Petition after the Death of a U.S. Citizen PetitionerThis policy memorandum provides a standard for USCIS to approve marriage green card petitions after the death of the US citizen petitioner.
November 14, 2013Adjudication of Adjustment of Status Applications for Individuals Admitted to the United States Under the Visa Waiver ProgramThis policy memorandum provides guidance on the adjustment of status for immediate relatives of U.S. citizens who were last admitted under the Visa Waiver Program (ESTA).
December 23, 2012Guidance Concerning Adjudication of Certain I-751 PetitionsThis policy memorandum revises and clarifies guidance issued on October 9, 2009 relating to late filing of a joint Form I-751

Top Notch Immigration Services

You will receive top notch immigration services at The Messersmith Law Firm. We guarantee personalized legal services, a high rate of success, and very reasonable fees. At The Messersmith Law Firm, you will always get more than what you pay for. While the majority of our clients are referred to our law firm, we are open to take new cases if we feel we can help you achieve your goals. We have no doubt that you will refer everyone you know to us once your case is approved! Our goal is to get your case approved in the shortest amount of time possible yet strive to keep our fees reasonable!

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