Amelia Blake

Same-sex couples have the same rights as opposite-sex couples when applying for a marriage-based green card in the United States. This guide provides a comprehensive overview of the requirements, application process, and tips for success.

Eligibility Requirements for a Marriage-Based Green Card

1. Legally Valid Marriage: The marriage must be legally valid in the place where it was performed.
2. Sponsorship: The sponsoring spouse must be a U.S. citizen or lawful permanent resident.
3. Proof of Relationship: Must provide evidence that the marriage is genuine and not entered into for immigration purposes.

Step-by-Step Guide to Applying for a Marriage-Based Green Card

Step 1: Determine Eligibility
Verify that you and your spouse meet the eligibility requirements for a marriage-based green card.

Step 2: File Form I-130
- Submit Form I-130, Petition for Alien Relative, to the United States Citizenship and Immigration Services (USCIS).
- Supporting Documents: Include proof of the marriage (e.g., marriage certificate), evidence of the relationship (e.g., photos, joint bank accounts), and proof of the sponsor's U.S. citizenship or permanent residency.
- Filing Fee: Pay the required filing fee.

Step 3: USCIS Processing
- USCIS will process the petition and may issue a Request for Evidence (RFE) if additional information is needed.
- Approval Notice: If the petition is approved, USCIS will issue Form I-797, Notice of Action.
- Denial Notice: If the petition is denied, you will receive a notice with the reasons for denial.

Step 4: Consular Processing or Adjustment of Status
Once the petition is approved, the process differs depending on whether the spouse is inside or outside the U.S.

For Spouses Residing Outside the U.S.:
- National Visa Center (NVC): The NVC processes the application and sends it to the U.S. consulate or embassy in the spouse's home country.
- Form DS-260: Complete and submit the online immigrant visa application form.
- Visa Interview: Attend the visa interview at the consulate or embassy.
- Medical Examination: Complete a medical examination by an approved physician.

For Spouses Residing Inside the U.S.:
- Form I-485: If the spouse is in the U.S. on a valid visa, they can apply for Adjustment of Status by filing Form I-485, Application to Register Permanent Residence or Adjust Status.
- Biometrics Appointment: Attend a biometrics appointment for fingerprinting and photos.
- Interview: Attend an interview at a local USCIS office.

Step 5: Entry to the United States or Green Card Issuance
Upon approval, if the spouse is outside the U.S., they will receive an immigrant visa to enter the U.S. as a lawful permanent resident. If they are adjusting status within the U.S., they will receive their green card.

Key Considerations and Tips for a Successful Application

1. Comprehensive Documentation: Ensure all documents are accurate, complete, and well-organized. Detailed and thorough documentation increases the chances of approval.
2. Proof of Relationship: Provide strong evidence of the genuine relationship, such as joint financial records, affidavits from friends and family, and photos together.
3. Legal Assistance: Consider hiring an immigration attorney to guide you through the application process and ensure all requirements are met.

For more information on the marriage-based green card process, visit:
- USCIS Marriage Green Cards: https://www.uscis.gov/green-card/green-card-eligibility/green-card-for-immediate-relatives-of-us-citizen
- Form I-130: https://www.uscis.gov/i-130
- Form I-485: https://www.uscis.gov/i-485

Disclaimer:
The information presented in this article is intended for academic and marketing purposes only and should not be construed as legal advice. It is essential to consult with a qualified immigration attorney or legal professional for accurate and up-to-date legal counsel specific to your individual circumstances. Laws and regulations are subject to change, and professional guidance is crucial to ensure compliance.

OpenSphere is a technology company and does not hold itself out as a law firm. It operates independently and is not affiliated with or endorsed by the U.S. Citizenship and Immigration Services (USCIS) or any government entity. OpenSphere, its authors, and agents do not warrant the accuracy or real-world applicability of the information herein, nor are they liable for any damages arising from reliance on this information.