The Marriage-Based Green Card Process – Everything You Need to Know About It

Lawful Permanent Resident (LPR):

Adjustment of Status

If the one who desires to move to the U.S. is already present in the country, they can apply for Lawful Permanent Residence (LRP). In this case, they will not need to leave the country. This process is called Adjustment of Status. 

Key Elements of Adjustment of Status

Along with the authentication of marriage, one of the key aspects of the Adjustment of the Status case includes:

• How the intended person has entered the country. 
• Have they entered the U.S. legally with a visa or parole documentation? 

Without Proper Documentation

Even If the individual has entered the country without proper documentation at the northern or southern border, there is still a chance for spouses to become U.S. nationals or lawful residents. 

However, please remember that the process for those with illegal entry will be much more complicated. They will need an interview with the foreign counsellor. 

Marriage-Based Green Card Application

Essential Documents

For a successful and seamless marriage-based green card application process, the couple must have knowledge of all essential documents. They should carefully complete all required paperwork to avoid any problems before applying for the Marriage-Based Green Card. These documents include:

1. Birth Certificate
2. Passport and/or Green Card 

This will help to demonstrate that your spouse is a US national or lawful permanent resident.

1. Marriage Certificates
2. Divorce Decrees (If any)

Moreover, they must compose affidavits from family members and friends as an attestation to their real marital status. 

Additional Documents

To further confirm your marriage, you will need to share:

• A joint bank account statement
• Utility bills with both spouse’s names
• Lease agreements

Please remember that you must submit clear proper copies of all required documents. This will help you get rid of any unnecessary delays or complexities in your application process.   

Understanding Common Problems in the Marriage-Based Green Card Application Process 

The marriage-based green card process can be an exhaustive process. However, with proper planning and attentiveness, you can easily get rid of common problems.

1. Incomplete Paperwork/Documentation

This is one of the most common problems faced by many couples. Please make sure that you have accurately and properly completed all documents with essential proof like lease agreements, joint financial statements, and utility bills (with both spouses’ names). 

2. Ignoring the Importance of the Interview

Many couples underestimate the importance of interviews, hence putting themselves in deep trouble. First, you should carefully review your application materials and make a list of all possible questions. Then, practice them with your spouse. 

3. Failing to Disclose any Criminal Record or Immigration Violations

Moreover, please disclose any criminal activity or immigration violations (if any). Trying to hide such acts will seriously affect your application. 

You must be honest during the entire process. If you are well prepared, honest, and organized, you will be accepted for the marriage-based green card application.

How to Ensure a Seamless and Successful Marriage-Based Green Card Application Process

1. Collecting all Essential Documentation/Paperwork

To begin with, one of the most important steps is to prove that your marriage is an authentic one. Provide joint financial statements, utility bills, lease agreements, and pictures to support this evidence.

2. Preparing a comprehensive affidavit

Secondly, draft a detailed statement to highlight how you first met and then fell in love. Finally, explain the circumstances under which you decided to get married. Please do not forget to share a detailed picture of your shared experiences, possible future plans, and all the problems and struggles that you have faced together all along the way.

3. Preparing well for the Interview

Thirdly, you must be very honest and consistent during interviews or while filling out forms. However, your answers must match those of your spouse. This is only possible with detailed practice. Also, make sure that your answers are according to the information provided in the documents.

4. Seeking  Legal Guidance

Finally, consider taking the expertise of an immigration attorney, since it will greatly enhance your chances of success.

FINAL THOUGHT:

Significance of Expert Advice While Pursuing a Marriage-Based Green Card

As discussed above, the marriage-based green card application process can be a daunting experience. However, careful planning can help you navigate it successfully. 

Make sure to gather the essential documentation before initiating the application process. Any incomplete documentation will not only cause trouble for you, but it will also unnecessarily prolong it. 

Take note of all common issues that people come across while applying for a marriage-based green card. You must have background information about your spouse so that you can properly respond to such questions during the interview. Moreover, practicing all potential questions can further prepare you for the interview.

Finally, you should consider taking the services of an attorney with immigration consultancy experience. The attorney will offer you customized guidance based on your personal circumstances, hence further smoothening your application procedure. 

At Jadeja-Cimone Law, PC we are delighted to have served thousands of clients by helping them successfully navigate this complex and difficult immigration process. If you are looking to apply for a marriage-based green card, please contact us to kickstart your journey.

We are here to help. Set up your free consultation today