1. What is the minimum age requirement for marriage-based green card applicants?

The minimum age requirement for marriage-based green card applicants is 18 years old.

2. Are there any criminal records or health issues that would make a marriage-based green card applicant ineligible?

Yes, there are criminal records and health issues that can make a marriage-based green card applicant ineligible. Depending on the severity of the crime or health issue, it could make someone ineligible for a green card. In general, any criminal record involving fraud, prostitution, or drugs can make someone ineligible for a green card. In terms of health issues, any communicable diseases or mental disorders can make someone ineligible to receive a green card.

3. Is a valid marriage required in order to qualify for a marriage-based green card?

Yes, a valid marriage is required in order to qualify for a marriage-based green card. The couple must show proof of a legitimate relationship, such as joint bank accounts, shared bills, and other evidence. The U.S. citizen or permanent resident spouse must also prove that they can financially support their foreign-born spouse.

4. What documents are required to prove a valid marriage for a marriage-based green card application?

To prove a valid marriage for a marriage-based green card application, the following documents may be required:

– Marriage certificate
– Evidence of financial interdependence (joint bank account statements/leases/utility bills)
– Documentation of joint trips or vacations taken together
– Photographs and/or videos of the couple together
– Documents showing shared responsibility for children (if applicable)
– Birth certificates of any children born to the couple (if applicable)
– Copy of the previously issued green cards or visas (if applicable)
– Copies of all prior passports and visas (if applicable)

5. Is proof of finances required for a marriage-based green card?

Yes, proof of finances is required for a marriage-based green card. Applicants must provide evidence of sufficient financial resources to support their households. This can include bank statements, pay stubs, tax returns, and other financial documents.

6. Are there any cultural or religious requirements to obtain a marriage-based green card?

Yes. It is important for both parties to the marriage to understand the requirements of the Immigration and Nationality Act (INA) for obtaining a marriage-based green card. These requirements include that the marriage must be legally valid under applicable law, that the parties must provide evidence that they are both free to marry, and that they have a “bona fide” relationship. Additionally, depending on the couple’s religion or culture, there may be additional cultural or religious requirements for obtaining a marriage-based green card.

7. Are there any restrictions on the number of times someone can apply for a marriage-based green card?

No, there are not any restrictions on the number of times someone can apply for a marriage-based green card. However, if the applicant has previously been denied for any reason related to the marriage, then they may have to provide additional evidence in order to be approved.

8. Is there a residency requirement to obtain a marriage-based green card?

Yes, there is a residency requirement for marriage-based green cards. All applicants must physically reside in the U.S. during the process of filing for and obtaining permanent residence. In some cases, applicants may be allowed to travel outside the U.S. during the application process but must return within a certain period of time in order to maintain their application.

9. What is the difference between an immigrant visa and a permanent resident status for a marriage-based green card?

An immigrant visa is a document that allows an individual to enter the United States and become a lawful permanent resident (LPR). In order to obtain an immigrant visa, the individual must meet certain requirements as established by the U.S. Citizenship and Immigration Services (USCIS).

A permanent resident status for a marriage-based green card is a legal status granted to foreign nationals who are married to U.S. citizens or permanent residents. It allows the foreign national to live and work in the United States indefinitely. Unlike an immigrant visa, a marriage-based green card does not expire and must be renewed every 10 years. The foreign national must also maintain their marital status in order for the green card to remain valid.

10. Are certain countries excluded from being able to file for a marriage-based green card?

Yes, certain countries are excluded from being able to file for a marriage-based green card. Generally, these are countries that the U.S. government considers to have high rates of marriage fraud or abuse. The countries currently excluded from filing for a marriage-based green card are Iran, Syria, North Korea, and Venezuela.

11. Is there an expiration date for the marriage-based green card application?

Yes, there is an expiration date for the marriage-based green card application. It depends on the type of visa you apply for. For example, the K-3 visa (which is used when a spouse of a U.S. citizen lives outside of the U.S.) and the V-2/V-3 visa (used when a foreign spouse is already in the U.S.) have an expiration period of 2 years after approval. The I-130 Petition for Alien Relative and the I-485 Adjustment of Status have no expiration date.

12. Does the applicant need to be in the U.S. physically in order to file for a marriage-based green card?

No, the applicant does not need to be in the U.S. physically to file for a marriage-based green card. The applicant can file for a marriage-based green card from outside of the U.S., as long as they are eligible and all of the necessary documents are provided.

13. Are there any financial restrictions on who can file for a marriage-based green card?

Yes. There are financial restrictions on who can file for a marriage-based green card. The petitioner must demonstrate that they can support the non-US citizen spouse at 125% above the federal poverty guidelines. This requirement is known as the Affidavit of Support.

14. Are there any restrictions on who can sponsor a spouse for a marriage-based green card application?

Yes, there are restrictions on who can sponsor a spouse for a marriage-based green card application. The sponsor must either be a U.S. citizen or a lawful permanent resident (green card holder). The sponsor must also prove that they have enough financial resources to provide support for the sponsored individual if needed.

15. How long does it take to obtain a marriage-based green card after filing the application?

It usually takes between 6-8 months to obtain a marriage-based green card after filing the application. It can take longer if more information is required or if the application is delayed due to backlogs.

16. Are there any special fees associated with applying for a marriage-based green card?

Yes, there are special fees associated with applying for a marriage-based green card. The current fees include an I-130 petition fee of $535, an I-485 application fee of $1,140, and an additional $85 biometrics fee. Depending on the individual’s circumstances, they may also need to pay additional fees for an I-601A provisional waiver or an I-601 waiver of inadmissibility.

17. How much English language proficiency is required in order to apply for a marriage-based green card?

The United States Citizenship and Immigration Services (USCIS) does not require a specific level of English language proficiency for a marriage-based green card. However, the USCIS does require applicants to demonstrate they understand the content of any forms or documents they submit in their green card application. Additionally, applicants must be able to communicate to the USCIS officer during any interviews or proceedings.

18. How much does it cost to file an application for a marriage-based green card?

The fee for filing Form I-130 is $535. The fee for filing Form I-485 is $1,140, plus $85 for biometrics services. The total cost for filing an application for a marriage-based green card is $1,760.

19. Is biometric screening required in order to obtain a marriage-based green card?

No, biometric screening is not required in order to obtain a marriage-based green card. However, depending on the type of green card being applied for, applicants may be required to appear for an interview and/or provide certain documents, such as birth certificates, marriage certificates, and tax documents.

20. Are there any particular forms or documents needed to file an application for a marriage-based green card?

Yes, there are several forms and documents needed to file an application for a marriage-based green card. These forms include Form I-130 (Petition for Alien Relative), Form I-485 (Application to Register Permanent Residence or Adjust Status), Form I-864 (Affidavit of Support), Form I-751 (Petition to Remove Conditions on Residence), and Form I-693 (Medical Examination of Alien). Additionally, evidence that the marriage is legitimate, such as joint bank account statements, photographs, and affidavits from friends and family, may be required.