Marriage Green Card Kit
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| Green Card by Marriage to a U.S. Citizen – Complete Do it Yourself Kit |
| How to apply for and obtain a Green Card by Marriage to a U.S. Citizen. Download Version. |
What is a Green Card (Permanent Residence)?
A United States Permanent Resident Card, or green card (so named due to its original color) is an identification card that shows that the non-citizen cardholder is a permanent resident of the USA.
A green card proves that the permanent resident has been granted benefits, including permission to live and work in the USA. The cardholder must meet certain conditions and must file timely green card renewals in order to continue his or her permanent residency status.
Green cards are an essential tool for foreign nationals who want to work and live in the USA. The application can be tedious, though, so be sure that you are eligible before you file an application to obtain a green card.
Green Card (Permanent Residence) for the Spouse of a US Citizen
Obtaining permanent residence as the spouse of a United States Citizen is among the quickest routes to U.S. permanent residency.
The biggest advantage of the immediate relative (spouse) category is that it does not fall under the preference categories and there is no priority date backlog. An immigrant visa is always available under the immediate relative category.
Who Qualifies for a Green Card based on Marriage to a US Citizen?
The primary requirement is that he foreign national spouse must have entered the U.S. through proper inspection. This means that the foreign national spouse has a visa, I-94, or other proof of legal entry (you can apply for a marriage green card even if you have unlawful presence in the U.S. or you have overstayed a visa).
Who Does Not Qualify for a Green Card based on Marriage to a US Citizen?
Certain types of marriages that are recognized in the place where they were performed are ineligible (not eligible) for U.S. immigration benefits (Adjustment of Status):
A. Common Law Marriage
Common law marriages are not considered valid under the U.S. immigration laws unless they are recognized as legal in the jurisdiction of residence or last residence.
B. Customary Marriage
Marriages performed according to local customs are not valid under the U.S. immigration laws, if they are considered invalid by the law of the place where the marriage was performed.
C. Polygamous Marriage
Polygamous marriages are not recognized under the U.S. immigration laws even if they were legally contracted in countries where polygamy is accepted.
D. Incestuous Marriage
Marriages between close family members are not recognized under the U.S. immigration laws even if they were legally contracted in countries where such marriages are accepted .
E. Proxy Marriage
A proxy marriage is a marriage performed with one or both parties to the marriage not physically present in the ceremony. These are held invalid under U.S. immigration laws unless the marriage was subsequently consummated under the laws of the land.
If you are thinking of filing a green card by marriage petition, you want to be sure to do everything possible to ensure a quick and successful outcome.
One of the most important parts of the green card marriage process is the preparation of the application and supporting documents. You will want to be sure to provide the correct supporting documents for each form in the application. This includes the I-485, I-130, I-765, I-131, G-325A, I-864 and I-693 forms.
These required supporting documents include:
Birth Certificates
Divorce Decrees
USCIS Color Photos
Evidence of a Bona Fide Marriage
USCIS Medical Examination
Properly completed USCIS forms can increase the speed at which you are approved and avoid costly delays and/or denials. For example, the I-864 affidavit of support form can be confusing to properly complete and document if the US citizen’s income is below the USCIS poverty level, if the US citizen is using assets to qualify, or if the US citizen has not filed tax returns in the past 3 years.
Frequently asked questions regarding the I-864 affidavit of support: Green Card by Marriage to a U.S. Citizen Complete Do it Yourself Kit
Q: What required supporting documents are submitted with the I-864 Affidavit of Support
A: All sponsors must submit the following documentation with their I-864:
- Proof of current employment or self employment.
- A photocopy or an Internal Revenue Service-issued transcript of a photocopy or an Internal Revenue Service-issued transcript of your complete Federal income tax return for your most recent tax year, or an explanation if it is not submitted.
- Your W-2s and/or 1099 forms for your most recent tax year.
- You may also, at your option, submit a photocopy or an Internal Revenue Service-issued transcript of your complete Federal income tax returns for your second and third most recent tax years if you believe these additional tax returns may help you establish the ability to maintain your household income at the governing threshold set forth in Form I-864P, Poverty Guidelines.
If you are using the income of persons in your household or dependents to qualify as a sponsor, you must also submit a separate Form I-864A, Contract Between Sponsor and Household Member, for each person whose income you will use.
Q: What types of evidence can be used to show current employment?
A: A letter from an employer including beginning date of employment, type of work performed, and wages or salary paid.
Q: What types of evidence can be used to show self-employment?
A: Self-employed persons are required to show a copy of their business license (if applicable), and the self-employment schedules they filed with their income tax returns.
Q: Can the petitioner (US Citizen) or joint sponsor count assets to meet the 125 percent minimum income requirement?
A: Yes. The sponsor would count his/her income first.
If not sufficient, he may count personal assets and/or the income and assets of qualifying household members who have signed an I-864A.
If, using all of those sources, the minimum income requirement is met, the affidavit would be “sufficient.”
The cash value of assets must equal five times the difference between the sponsor’s income and 125 percent of the poverty line for the indicated household size.
Q: How can a petitioner (US Citizen) or joint sponsor who was obligated to file tax returns, but failed to do so, qualify as a sponsor?
A: A sponsor may file a late or amended tax return to IRS.
He or she can then submit copies of the late or amended return(s) for the year(s) in which he or she was obligated to file. Until such time as the late or amended return has been filed, the I-864 will be considered incomplete.
Q: If the sponsor owns a business, should he/she submit individual or business tax returns?
A: Individual tax returns (Form 1040) are required, since it is the individual and not the business who is sponsoring the applicant(s).
Q: How Can I Use Assets to Qualify?
A: Assets may supplement income if the immigration officer is convinced that the monetary value of the asset could reasonably be made available to support the sponsored immigrant and converted to cash within one year without undue harm to the sponsor or his or her family members.
You may not include an automobile unless you show that you own at least one working automobile that you have not included.
Q: What assets can be used?
A: Any type of asset can be used if it is readily convertible to cash within a year.
Liquid assets, such as savings deposits, stocks, bonds, and certificates of deposit will be viewed most favorably because they would be most accessible for the support of sponsored immigrants.
Other assets, such as property, may also be acceptable if they can be sold within a year.
Q: What evidence of assets is required?
A: Evidence establishing ownership and the value and location of assets is required.
Information on any liens and/or liabilities relating to these assets must be provided.
For bank accounts, bank statements for the most recent 12 months, or a letter from the bank stating the date the account was opened, a history of deposits and withdrawals for the past year, and the current balance are needed.
Q: Can the petitioner (US Citizen) or joint sponsor who receives housing and other benefits instead of salary count those benefits as income?
A: Yes. The sponsor may count income that is not subject to taxation (such as a housing allowance), as well as taxable income.
However the sponsor must prove the nature and the amount of any income if it is not included as wages/salary or other taxable income.
Evidence of such income can be shown through notations on the W-2 Form (such as box 13, for military allowances), Form 1099, or other documents that substantiate the claimed income.
Q: Can a credible offer of employment for the applicant (foreign national spouse) replace or supplement an insufficient affidavit of support?
A: No. The law does not make any provision for the consideration of offers of employment in lieu of the I-864.
An offer of employment may not be counted in reaching the 125 percent minimum income.
Q: What if the petitioner (US Citizen) cannot meet the 125 percent minimum income requirement?
A: If the petitioner (US Citizen) cannot meet the 125 percent minimum income requirement, they require a joint sponsor.
Q: What is a joint sponsor?
A: A joint sponsor is a person who is not the petitioner for the sponsored immigrant but who meets the citizenship, residence, and age requirements and who meets the 125 percent minimum income requirement for his or her household size.
Joint sponsors are permitted when the petitioner cannot meet the income requirements or has died before all family members have immigrated.
Q: Who can be a joint sponsor?
A: Joint sponsors must be U.S. citizens or lawful permanent residents; age 18 or over; and live in one of the 50 States, Washington, DC, or a US territory or possession.
Q: Is there a limit on the number of joint sponsors?
A: There is no limit on the number of joint sponsors; but each joint sponsor must meet the 125 percent of the poverty line income requirement for their household size.
Q: What are the responsibilities of a joint sponsor?
A: Joint sponsors must accept joint legal responsibility for supporting sponsored immigrant(s) and reimbursing the cost of any means-tested public benefit used until the sponsored immigrants naturalize, can be credited with 40 qualifying quarters of work, depart the United States permanently, or die.
Q: Are joint sponsors required to attend the interview?
A: No, joint sponsors are not required to attend the interview. However the petitioner (US Citizen) must bring the joint sponsor’s supporting documents (employment verification, copy of most recent years 1040 IRS tax return and W-2) to the interview.
The Green Card Interview:
Green Card by Marriage to a U.S. Citizen Complete Do it Yourself Kit
During the marriage interview the parties may be questioned separately concerning the bona fides of the marriage.
Usually the US citizen will be questioned first and then the alien spouse will be asked the same questions.
Listen and respond to the USCIS officer’s questions.
The USCIS officer is only given a short amount of time to conduct an interview for each couple.
Keep your answers brief and to the point.
Do not guess on anything: The denials of many marriage-based immigrant visa cases have a common theme: people’s attitude that they have to give an answer, and guessing.
One of the biggest mistakes a person can make is to guess when he or she does not know the answer to a particular question.
The interview questions are normally divided into the following categories:
General Biographic Information
Education
Meeting Your Spouse
Living With Your Spouse
Questions About Your Marriage and Joint Life
Daily Routines and Activities
Celebrations
Here are some sample interview questions to provide you with an understanding of the types of questions that could be asked.
- What attracted you to your spouse (what attracted them to you)
- What do you like best about your spouse?
- What do you like least about your spouse?
- When was your last argument?
Time, day place, subject?
Who started the argument?
How was it resolved.
- When was the last time that wife cooked for husband (husband cooked for wife)?
What was cooked?
Were there any side dishes?
Where was the meal served?
What time of day?
Was the meal eaten sitting or standing?
Who served the meal?
Did either of you have second helpings?
- Was the TV on during dinner? What show?
-When was the last time either of you talked to the neighbors?
Do you ever spend time with your neighbors? When? What did you do last?
- Number of telephones, televisions, etc. in the house?
Are they cordless or corded telephones?
What color are the phones? Brand names?
Where are the phones located?
- What types of televisions?
Brand names?
Where are they located?
- When did you start living together? (Date)
What was the address?
Was this a new apartment or did one of you live there before?
- How did you decide to live together?
Who asked?
- How did you move? (If you moved to a new place)
Did you hire movers or do it yourselves?
Who paid?
How long did it take you to move?
- How long did you live at this residence together?
If you are no longer living there, where did you move to next?
- Why did you move? How did you move? How did you decide to get married?
Who asked?
How was it done? Was there a proposal? If so, describe it?
Were you/spouse given an engagement ring?
Who picked it out?
Where were you and your spouse when the proposal occurred?
How long were you engaged before you were married?
Did you have an engagement party?
Where? When? Do you have Pictures?
Was there anyone there with you during the proposal?
Did you tell your family and friends? When?
It is important to remember that USCIS is a law enforcement agency, and the USCIS officer’s job during the interview is to detect fraud.
Penalties:
There are penalties for filing a fraudulent marriage or fiancé petition. The Immigration Marriage Fraud Amendments Act of 1986 provides a maximum penalty of five years imprisonment and a $250,000 fine for any “individual who knowingly enters into a marriage for the purpose of evading any provision of the immigration laws.”
| |
| Green Card by Marriage to a U.S. Citizen – Complete Do it Yourself Kit |
| How to apply for and obtain a Green Card by Marriage to a U.S. Citizen. Download Version. |
