Eligibility for Marriage-Based Green Card

Introduction

In FY2023, 1,173,000 immigrants received green cards, with approximately 64% receiving a green card based on a family relationship with a US citizen or LPR.

Congratulations on your decision to start a new life in the US with your spouse! You can sponsor your spouse’s marriage-based green card as a US citizen or Lawful Permanent Resident (LPR). If you are curious about what requirements you need to fulfill for a marriage-based green card, you will find answers to all your questions in this guide, making sure immigration laws and legal jargon do not stop you from living your American Dream.

What are the General Eligibility Requirements for a Marriage-Based Green Card?

As spouses, specific marriage-based green card eligibility requirements have to be fulfilled by both spouses, such as:

Citizen/LPR

The spouse sponsoring the marriage green card application must be a US citizen or an LPR.

Legally Valid Marriage

Your marriage must be legally valid in the country where you got married. To prove this, you can submit a copy of your marriage documents or any court records. Another requirement is that your marriage be recognised under US federal law. For instance, if you entered into a polygamous marriage, while you already had one spouse, your new marriage will not be valid under US Federal Law. 

Bona Fide Marriage

One of the main requirements for getting a marriage-based green card is to prove that you have a bona fide and genuine marriage that was not entered solely for getting a green card or any other immigration benefit. Consult an expert immigration lawyer to know how you can prove that your marriage is genuine. 

What are the Eligibility Requirements for the Sponsoring Spouse?

As the sponsoring/petitioner spouse, you will be filing and signing many of the immigration applications on behalf of your spouse. To help you understand your legal and financial obligations better, we have compiled a detailed list of eligibility requirements:

• Age: While there is no minimum age to file a green card application for your spouse, you must be at least 18 years old to file Form I-864, Affidavit of Support.  
• Affidavit of Support: In most marriage-based green card applications, filing and signing an affidavit of support is mandatory. As a US citizen/LPR spouse, you pledge to financially support your spouse after they arrive in the US. To become a sponsor, you must meet the income eligibility requirements for your household as per the federal poverty level.
• Domicile/Principal Residence: To become a sponsor, you must live in the US when filing the marriage-based green card application.  If you are living abroad, you can also show that you intend to return to the US with your spouse and plan to live there for the near future by producing copies of a US job offer, business documents, or lease documents for a residence in the US.   

Can I be Barred from Sponsoring my Spouse’s Green Card Application?

In some instances, where the USCIS suspects fraud or misrepresentation by the sponsor, it may not allow them to file a green card application. While this is decided internally by the USCIS officer, at FileRight, we provide unique insights into the workings of the USCIS. The primary reasons may include:

Sr. No.	Particulars	Example
1.	Recent Remarriage	If you are an LPR who has received your green card through marriage, you can typically not remarry and sponsor a new spouse until five years after you became an LPR.
2.	Previous Marriage Green Card Applications	If you have been married multiple times, for short durations, and sponsored the green card applications of your last spouses, the USCIS may suspect that your marriage is not bona fide.
3.	Conviction of certain offences	If you have been convicted of offences against minors, or the USCIS has reason to believe that you may cause harm or danger to the beneficiary, it may bar you from becoming a sponsor.

What are the Eligibility Requirements for the Beneficiary Spouse?

If you are the beneficiary spouse, you become eligible to apply for a marriage-based green card as soon as you marry a US citizen or LPR. 

Do I have to fulfill any other eligibility requirements? 

Yes, as you apply for an immigrant visa, you must ensure you are not ineligible to enter the US. 

Here’s a list of the eligibility requirements that you have to fulfill before you become an LPR:

• Health Requirements: Undergoing a green card medical exam is one of the main requirements of getting a green card, irrespective of whether you are applying from within or outside the US. The USCIS may reject your green card application if you have:
  • Certain communicable diseases
  • History of mental illness 
  • Ongoing instances of drug abuse and addiction, 
  • If you have not been vaccinated against vaccine-preventable diseases.
• Valid Immigration Status and Prior Immigration Violations: If you have a history of immigration violations, such as:
  • Visa overstay
  • Illegal entry to the US
  • Prior denied applications
  • Violation of the 90-day rule (only applicable if you entered the US on a single-intent non-immigration visa and applied for a green card within 90 days of your arrival to the US)
  • Subject of deportation or removal proceedings
    
    In these cases, the USCIS may deny your marriage-based green card application. However, you can obtain waivers for some of these violations. For instance, if you have overstayed your visa and are married to a US citizen, you can file for visa overstay forgiveness, or leave the US and apply for a green card through consular processing. 
• Likelihood of Becoming a Public Charge: If your spouse cannot prove they can financially support you during your stay in the US or the USCIS believes you may become a public charge, your marriage-green card application may be denied.

• Criminal History: If you have been convicted of a crime in the US or a foreign country and have a history of committing aggravated felonies, serious crimes of moral turpitude, or drug trafficking, the USCIS may deny your green card application. To fulfill the eligibility requirement, you may apply for a waiver of inadmissibility. However, the waiver is not available for serious crimes.

• National Security Reasons: If the Department of State or any relevant officer has reason to believe that you may be engaged in espionage, sabotage, any unlawful activity, or have participated in genocide, the USCIS may deny your marriage-based green card application on the grounds of failure to meet national security requirements

What are the Immigration Forms Required for a Marriage-Based Green Card?

Managing so many different immigration forms when applying for a marriage-based green card can sometimes get frustrating. You may have a fear of missing a necessary form, or you are confused about which form has to be signed by you and which form has to be signed by your spouse. We completely understand! 

You may also struggle to determine which forms must be filed when applying for a marriage-based green card from within and outside the US. Fear not! With this table and the support of our seasoned immigration attorneys, you can make your immigration journey easy and stress-free.   

Sr. No.	Form	Purpose	When and who has to file it
1.	I-130, Petition for an Alien Relative.	Filed to establish that you have a relationship with your spouse.	Filed in every green-card application by the sponsoring spouse.
2.	I-130A, Supplemental Information for Spouse Beneficiary.	Used to provide additional information about the beneficiary spouse.	Filed by the beneficiary spouse in all applications. It has to be filed along with Form I-130.
3.	I-864, Affidavit of Support	Filed to enforce a promise that the sponsoring spouse will financially support the beneficiary spouse	Typically filed by the beneficiary spouse at the time of filing the I-130.
4.	I-485, Application to Adjust Status	Filed for adjusting immigration status.	Filed by the beneficiary spouse when applying for a marriage-based green card from within the US after your I-130 is approved.
5.	DS-260, Application for an Immigrant Visa.	Filed for an immigrant visa/green card	Filed by the beneficiary spouse when applying for a marriage-based green card from outside the US after your I-130 is approved.
6.	I-131, Application for Travel Document	Filed for permission to travel outside the US	Filed by the beneficiary spouse in adjustment of status cases, while waiting for the USCIS to process your green card application.
7.	I-765, Application for Employment Authorization	Used for permission to work/carry employment in the US.	Filed by the beneficiary spouse in adjustment of status cases, while waiting for the USCIS to process your green card application.
8.	I-751, Petition to Remove Conditions on Residence	To remove the conditions of a green card/residence when a conditional green card is issued.	Typically filed jointly by the beneficiary and the sponsoring spouse after a marriage-based green card is approved.

Conclusion

Getting a green card and becoming a lawful permanent resident of the US can help you access many opportunities. You can work and stay in the US indefinitely with a permanent residence status. Knowing the eligibility to apply for a marriage-based green card beforehand allows you to plan your application process accordingly and not miss filing any important forms. 

How Can FileRight Help You? 

FileRight is an immigration software company that assists in filing for different kinds of immigration benefits, ensuring you avoid errors and omissions in your application process. Here’s how FileRight can help you:

1. Application Package: FileRight provides application packages for I-130, I-485, I-864, I-765, and many other immigration benefits. With FileRight’s “do-it-yourself” software and lawyer review services, you make your application process stress-free. 
2. Immigration Lawyer Consultation: You can consult FileRight’s seasoned attorneys to clear your doubts and get answers to your questions. Our managing attorney, Mr. James Robertson, has worked in the USCIS for 12 years, supervising thousands of applications and giving FileRight and its clients a unique insight into the workings of the US immigration system. 

Start your marriage-based green card process by booking a consultation with FileRight’s experienced immigration team