Marriage based green card is a common phrase used to describe a permanent resident card obtained through marriage to a U.S. citizen or lawful permanent resident. There are two types of MBGC (Marriage Based Green Card).
1. U.S. Citizen &
2. Lawful Permanent Resident (LPR).
A marriage-based green card can be one of the quickest ways to obtain permanent residence. Marriage alone doesn’t provide any immigration status to a foreign national. But marriage to a U.S. citizen or permanent resident is a qualifying relationship for a foreign national to apply for immigration benefits like a green card.
Legal Requirements for a Marriage-Based Visa
If you are married to a U.S. citizen or permanent resident, you can apply for U.S. lawful permanent residence, otherwise known as a marriage-based immigrant visa or green card. To be eligible under U.S. immigration law, you and your spouse must show:
1. That you are legally married
2. That your marriage is bona fide (real, not just done to get a green card)
3. Proof of the petitioning spouse’s U.S. citizenship or lawful permanent resident status
4. That neither of you is married to anyone else.
Marriage Based Green Card through Adjustment of Status
Certain individuals who are already inside the United States may be able to apply for the marriage green card without leaving. Adjustment of status is the process of applying for permanent residence from within the United States. However, this benefit is only available to those who have an immigrant visa immediately available to them. The spouse of a U.S. citizen always has a visa available. That’s because they are in the immediate relative category.
Eligibility to Adjust Status as a Spouse
In order to adjust status to permanent resident, a spouse must generally meet all of the following requirements:
1. Lawful marriage (from any country) to the U.S. citizen petitioner
2. An immigrant visa is immediately available (always available for the spouse of U.S. citizen)
3. Lawful entry to the U.S.
The couple must be legally married, and neither spouse can be married to someone else at the same time. This must be a bona fide marriage. In other words, it must not be a fake marriage entered into for the purposes of gaining immigration benefits.
Filing an Adjustment of Status Application
An adjustment of status application is really a package of multiple forms and supporting documents that the applicant files with U.S. Citizenship and Immigration Services (USCIS). The principal application is Form I-485, Application to Register Permanent Residence or Adjust Status. An adjustment of status package for a marriage green card will generally include the following USCIS forms:
1. I-485, Application to Register Permanent Residence or Adjust Status
2. I-130, Petition for Alien Relative
3. I-130A, Supplemental Information for Spouse Beneficiary
4. I-864, Affidavit of Support
5. I-693, Report of Medical Examination and Vaccination Record
6. I-765, Application for Employment Authorization (optional)
7. I-131, Application for Travel Document (optional)
The complete adjustment of the status package will also include several supporting documents as required by each USCIS form. This list is dependent on the answers you provide on the application. The documents required for a marriage green card vary by situation but generally include the following:
1. Birth certificate
2. Marriage certificate
3. Financial documents
4. Proof of sponsor’s U.S. citizenship or permanent residence
5. Proof of lawful U.S. entry and status, if applicable
6. Police clearance certificate, if applicable
7. Prior-marriage termination papers, if applicable
8. Court, police, and prison records, if applicable
9. Military records, if applicable
10. Immigration violation records, if applicable
11. Current/expired U.S. visa(s)
12. Medical examination document
