Making Your Marriage Official: A Guide to Green Card Forms and Processing
The marriage-based green card application process for a beneficiary who is already in the U.S. typically involves several steps:
- Eligibility: The first step is to ensure that both the petitioner (the U.S. citizen or lawful permanent resident spouse) and the beneficiary (the foreign spouse seeking the green card) are eligible for the process. Generally, eligibility is based on the legitimacy of the marriage and other legal requirements.
- I-130 Petition: The U.S. citizen or lawful permanent resident spouse must file Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS). This form establishes the relationship between the petitioner and the beneficiary.
- Supporting Documentation: Along with Form I-130, you must submit supporting documentation such as marriage certificate, proof of citizenship or permanent residency for the petitioner, and other required evidence to establish the legitimacy of the marriage.
- Form I-485 Adjustment of Status Application: If the beneficiary is eligible, they can concurrently file Form I-485, Application to Register Permanent Residence or Adjust Status, along with the Form I-130. This allows the beneficiary to apply for lawful permanent residence (green card) without leaving the U.S.
- Biometrics Appointment: After filing Form I-485, both the petitioner and the beneficiary may be required to attend a biometrics appointment where fingerprints, photographs, and signatures will be collected for background checks.
- Interview: USCIS typically schedules an interview for the beneficiary and petitioner. The purpose of the interview is to verify the authenticity of the marriage and assess the eligibility of the beneficiary for lawful permanent residence.
- Decision: After the interview, USCIS will issue a decision on the green card application. If approved, the beneficiary will receive a green card. In some cases, USCIS may request additional evidence or information before making a decision.
- Conditional Permanent Residence (if applicable): If the couple has been married for less than two years at the time of obtaining the green card, the beneficiary will receive conditional permanent residence. They will need to file Form I-751 to remove the conditions on their permanent residence within the 90-day period before the expiration of the conditional green card.
It’s important to note that the process and requirements may vary depending on individual circumstances, and it’s highly recommended to consult with an immigration attorney or accredited representative for personalized guidance throughout the application process.
Marriage Green Card Income Requirements
The income requirement for sponsoring a spouse for a marriage-based green card in the United States is part of the Affidavit of Support process. The Affidavit of Support is a legally enforceable contract between the sponsor (the U.S. citizen or lawful permanent resident spouse) and the U.S. government to financially support the intending immigrant (the beneficiary) and ensure they don’t become a public charge.
Here’s a complete guide to understanding the green card income requirements for the Affidavit of Support:
- Who Needs to Submit an Affidavit of Support:
- The sponsor must submit the Affidavit of Support if they are petitioning for a spouse’s green card.
- Minimum Income Requirement:
- The sponsor must demonstrate that their income meets or exceeds 125% of the federal poverty guidelines for their household size. This requirement ensures that the intending immigrant will have adequate financial support and won’t rely on government assistance.
- Federal Poverty Guidelines:
- The U.S. Department of Health and Human Services (HHS) updates the federal poverty guidelines annually. These guidelines vary based on household size and are adjusted for inflation.
- The sponsor’s income should be at least 125% of the poverty guideline for their household size. If the sponsor is active-duty military, they may use the military poverty guidelines.
- Household Size Calculation:
- Household size includes the sponsor, their spouse (the intending immigrant), any children or other dependents claimed on the sponsor’s tax return, and any other individuals who are dependent on the sponsor for financial support.
- The intending immigrant’s income cannot be included in the household size calculation unless they are legally residing in the United States and have obtained employment authorization.
- Proof of Income:
- The sponsor must provide proof of income using IRS tax transcripts or returns, W-2 forms, recent pay stubs, or other documentation to demonstrate their ability to financially support the intending immigrant.
- If the sponsor’s income doesn’t meet the requirement, they may use assets, such as savings, stocks, bonds, or property, to supplement their income.
- Joint Sponsor:
- If the sponsor’s income doesn’t meet the minimum requirement, they may enlist a joint sponsor who meets the income criteria. The joint sponsor is equally responsible for financially supporting the intending immigrant.
- Form I-864 Affidavit of Support:
- The sponsor must complete and submit Form I-864, Affidavit of Support, along with supporting documentation, to USCIS as part of the green card application process.
- Legal Obligation:
- By signing the Affidavit of Support, the sponsor agrees to financially support the intending immigrant until they become a U.S. citizen, have worked or earned 40 qualifying quarters of coverage under the Social Security Act, leave the United States permanently, or die.
It’s crucial for sponsors to carefully review the income requirements and seek guidance from an immigration attorney or accredited representative to ensure compliance with all regulations and requirements. Failure to meet the income threshold or provide adequate documentation can result in delays or denial of the green card application.