Friday, September 4, 2009

Green Card by Marriage

With the increasing number of intercontinental and international marriages, green card marriages are widely sought so that couples can legally live together permanently in the United States. There is also an increasing scam of fake marriages taking place just to obtain a green card. The USCIS therefore is following strict scrutiny to ensure that every green card marriage is on the basis of love and not for immigration.

Spouses of US citizens are labeled and authorized as immediate relatives of US citizens and because they are considered immediate relatives they do not fall under the immigrant number quota for the green card marriage process.

Requirements and eligibility for green card marriage are:-
Proof of valid marriage certificate whether the marriage took place within the United States or abroad.
In most cases for new marriage a conditional green card marriage with a 2 year renewal is given where the permanency of the green card marriage would depend upon the couple living together in the long run. If the marriage happens to break within 2 years, then the green card renewal might be refused and would require the immigrant to return back to their home country.
In proceedings where a marriage ends on grounds of the foreign spouse being battered and abused then there is still chance for the foreign spouse to initiate a separate green card application by themselves with I-360.
The applicant's US citizen spouse initiating the call to petition I-130 should validate his sponsorship capability as required by the USCIS. In cases where the petitioner does not have enough funds or proof to petition for sponsorship, then a joint sponsor can be involved for the sponsorship.
The applicant would also be required to produce exact details of where they would be staying after the green card marriage visa has been sanctioned.
In cases where the US citizen spouse has been previously married, appropriate divorce papers should be produced.
In cases where the foreign spouse has been previously married, appropriate divorce papers should be produced.
In cases where the foreign spouse has been widowed, death certificate of the ex-spouse should be produced.
In cases where the US citizen spouse has been widowed, death certificate of the ex-spouse should be produced.

A green card marriage is a moral recognition given by the USCIS through I-485 or consular processing. Any couple found to misuse it against the intended purpose are subject to harsh penalties and court judgment.

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