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Marriage Green Cards

Marriage Green Cards

Yay! We’re married! Now what do we do next? 

A marriage green card allows the spouse of a U.S. citizen or green card holder to live and work in the U.S. This includes same-sex couples. Once your spouse gets a green card, he or she will have a permanent resident status. After three years of being a green card holder, your spouse can apply for U.S. citizenship if they wish.

There are two ways to get a marriage green card. The first way is through an adjustment of status, which means that your spouse would apply and go through the process while living in the U.S. The other way is to do a consular processing. This is done while the spouse is living in their home country.

To be eligible for a marriage green card, you and your spouse must show:

  • That you are legally married;
  • That your marriage is bona fide and not just done to get immigration status;
  • Proof that the petitioning spouse is a U.S. citizen or a lawful permanent resident; and
  • That neither of you is married to someone else.

Showing a bona fide marriage:

  • This is an important factor to show the government. They want to know that your marriage is real and not fraudulent. This is a strict requirement, and the government will ask a lot of questions during the application process. They will look for any red flags that your marriage is a sham. Extensive documentation showing that you are establishing a life together will also be required. This is where an experienced immigration lawyer can help put together the best application possible. Although there are never any guarantees, a skilled lawyer can guide you towards a more successful path.

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