Green Card Through Marriage: Understanding The Legal Process with Our FL Immigration Attorney
Have you ever thought of spending the rest of your life with your partner who’s living miles away or across the globe? What if you could build a life together in the country of your dreams? Spousal Visas (Marriage Green Cards) offer a path to that dream, turning a long-distance relationship into a lifelong partnership.
It’s completely lawful to apply for a green card through marriage to a U.S. citizen or permanent resident. This is often referred to as a marriage-based green card, and it’s important to understand that it’s only valid when the marriage is genuine and not just for immigration purposes. Unfortunately, the process is sometimes misunderstood, and many assume it’s easier than it is. It can be challenging, but working with an immigration attorney can make managing these requirements much smoother.
Quick Summary:
- A spousal visa, or marriage green card, allows U.S. citizens or permanent residents to bring their foreign spouses to live and work in the U.S. It requires proof of a valid marriage and meeting immigration guidelines. A fiancé visa is for couples planning to marry in the U.S., while a spousal visa is for those already married.
- To be eligible for a spousal visa, the marriage must be legally recognized and in good faith, not just for immigration purposes. Proof of the marriage, such as a marriage certificate, and evidence of a genuine relationship are required. U.S. citizens can sponsor their spouses with quicker processing, while green card holders may face longer wait times due to visa quotas.
- The spousal visa process starts by filing Form I-130 to prove a valid marriage. If the foreign spouse is in the U.S., they file Form I-485 for status adjustment, or go through consular processing if outside the U.S. Supporting documents like marriage proof and financial affidavits are required, and both spouses attend a biometrics appointment and interview. Once approved, the foreign spouse receives their green card for permanent residency. A Florida spousal visa attorney can guide you through the complex process, help with challenging cases, save time, and provide peace of mind.
What is a Spousal Visa?
A spousal visa, also known as a marriage green card, allows U.S. citizens and permanent residents to bring their foreign spouses to the United States. This visa grants the spouse the right to live and work in the U.S. while also opening a path to citizenship. The application process requires proof of a valid marriage and meeting strict eligibility guidelines set by U.S. immigration authorities. Once granted, the foreign spouse becomes a permanent resident and may apply for citizenship after three years of marriage, if they choose to do so.
Spousal Visa vs Fiancé Visa: What’s the difference?
A marriage green card is for couples already married, allowing the foreign spouse to live and work in the U.S. The requirements for a green card are more extensive, including proof of a valid marriage and financial support from the U.S. spouse. Processing times for marriage green cards are generally longer than fiancé visas, averaging around nine months.
Fiancé visas and marriage green cards might seem similar, but they serve different purposes. A fiancé visa (K-1) is for couples planning to marry in the U.S., allowing the foreign fiancé to enter the country. After marriage, the foreign spouse must apply for a green card to become a permanent resident.
How to Determine Eligibility for a Spousal Visa (Marriage Green Card)?
To qualify for a spousal visa (marriage green card), the marriage must be legally recognized, whether it’s between opposite-sex or same-sex couples. The marriage must also be in good faith, where both partners genuinely intend to build a life together, not solely for immigration purposes.
Legally Recognized Marriage:
- Marriage must be valid under the law, including both opposite-sex and same-sex unions.
- Proof of the marriage must be provided, such as a marriage certificate.
Good Faith Marriage:
- The relationship must be real, not for the purpose of gaining immigration benefits.
- Evidence such as joint financial accounts, shared property, or photographs can help prove authenticity.
U.S. Citizen Sponsorship
- Spouses of U.S. citizens are classified as “immediate relatives.”
- This usually leads to faster processing with no annual visa limits.
Permanent Resident Sponsorship:
- Green card holders can sponsor their spouse, but visa availability is subject to quotas.
- Processing times can be longer due to these limits.
Required Forms:
- The primary form for applying is Form I-130 (Petition for Alien Relative).
- Supporting documents must accompany the application, such as evidence of a genuine relationship.
What is the Process of Obtaining a Spousal Visa?
Applying for a marriage green card involves several important steps that both the U.S. citizen or permanent resident sponsor and the foreign spouse must follow. This process ensures that the marriage is legitimate and that the foreign spouse meets all legal requirements for U.S. residency.
- File Form I-130 (Petition for Alien Relative)
The U.S. citizen or permanent resident must file Form I-130 to establish the marriage relationship. This officially starts the process of applying for the spouse’s green card. - Receive Notice of Action (Form I-797)
After submitting Form I-130, USCIS will send a Notice of Action (Form I-797) to acknowledge receipt of the petition. This confirms that USCIS has begun processing your application. - Submit Form I-485 (Adjustment of Status) or Consular Processing
If the foreign spouse is already in the U.S., they can submit Form I-485 to adjust their status to permanent resident. If they are outside the U.S., they will need to go through consular processing at a U.S. embassy or consulate. - Submit Supporting Documents
Both the I-130 and I-485 (or consular processing forms) require supporting documents. These include proof of a valid marriage, U.S. citizenship or residency, financial affidavits, and the foreign spouse’s medical exam results. - Attend Biometrics Appointment
The foreign spouse will attend a biometrics appointment to provide fingerprints, a photo, and a signature. These are required for background and security checks. - Attend Marriage Green Card Interview
Both spouses must attend an interview to confirm the legitimacy of their marriage. The interview can be held at a USCIS office in the U.S. or at a U.S. embassy abroad. - Receive Decision
If approved, the foreign spouse will receive their green card, granting permanent residency. If more information is needed, USCIS may issue a request for additional documentation before making a final decision.
Why Do I Need a Spousal Visas (Marriage Green Cards) Attorney in Florida?
Handling the complex immigration process for a spousal visa can be daunting. Here are reasons why hiring a Florida immigration attorney is important:
- They know the rules. A Florida immigration lawyer knows the laws and rules for spousal visas. They can help you do everything right.
- They can help with tough cases. Some spousal visas are harder to get. A lawyer can help you with these cases.
- They can save you time. Getting a spousal visa can take a long time. A spousal visa lawyer can help you do things faster.
- They can give you peace of mind. It’s nice to know that someone is helping you with your visa. A marriage green card lawyer can give you peace of mind.
Contact Our Jacksonville Spousal Visa Attorney Now!
Starting a life with your spouse in the United States shouldn’t be hindered by complicated immigration processes. At Scarborough Law, our Jacksonville-based immigration attorneys understand the emotional journey of processing spousal visas (marriage green cards). We are dedicated to helping couples like you achieve their dream of living and building a future together in the U.S.
Don’t let the complexities of immigration law delay your happily ever after. Our experienced team possesses a proven track record of success in securing spousal visas for our clients. We offer personalized guidance and support throughout the entire process, ensuring you submit a strong application and are prepared for every step.
With Scarborough Law by your side, you can focus on your love story while we handle the legal details. Contact us today for a consultation and let’s turn your American dream into reality. We can help you with the following immigration visas:
- Family-based immigration visa
- Business visa
- Employment visa
- Citizenship and more.