Applying for a marriage-based green card to immigrate your spouse to the United States legally can be complicated. 

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LaToya McBean Pompy is an immigration lawyer who immigrated to the United States from Jamaica. Her experience sparked an interest in helping many families be together in the U.S. by founding McBean Law. If you need help with your or a loved one’s visa, contact us here or call us today at (888)-462-4006 to schedule a private consultation with LaToya and her team of New York immigration lawyers who are here to help you.

What Should You Do?

Step 1: Check Your Relationship

The marriage green card process relies on more than just filling out forms and attending an interview or two. Really, the most important part of it is your relationship.

We see a lot of cases where a marriage petition falls apart or is jeopardized because the spouse is unwilling to cooperate, or they aren’t fully committed to seeing it through. Before you start this difficult process, you need to see what’s really going on between you and your U.S. citizen spouse. Are they willing to back you up every step of the way? Are they truly looking forward to helping you and starting your life in the U.S. together?

After you’ve determined that this is something that both of you are committed to and excited about, you can go ahead with the filing process.

Step 2: Make Critical Marital Decisions

The next thing you should do is look at the state of your marriage and make some important decisions when it comes to that.

For example, are you and your spouse living together? Not sharing a living space can be a red flag that comes up during your interview or background check. Although it’s not necessarily cause for denial, immigration will most likely question it.

Furthermore, are you and your spouse financially joined through joint bank accounts, insurance, retirement accounts, etc.? These are all important elements that will make your relationship feel and look stronger.

As a couple, you’ve got to sit down together and talk about these issues. All of these situations matter to immigration greatly, and you’re going to need the evidence to prove that you’re in a genuine, bona fide relationship.

So, look at your relationship very carefully, especially the living arrangements and things to do with joint finances and such.

Step 3: Talk to an Immigration Lawyer

Next, talk to an immigration lawyer if you have concerns about your immigration history, especially if you have a criminal record. Working with an experienced immigration lawyer can make all the difference in how smoothly and efficiently your case progresses.

Step 4: Gather Evidence

This is a very important step. Gather the necessary evidence related to your identification, such as your passport and birth certificate. You’ll also need passport pictures, your marriage certificate, evidence of your living arrangements such as the lease and your utility bills.

Include financial records such as joint bank account statements and jointly filed taxes. Don’t worry if you and your spouse haven’t jointly filed taxes, but do include your separate tax returns instead.

It is also a good idea to include all evidence related to your relationship, such as text messages and phone records showing frequent communication, photos, social media posts, etc. This can also include letters of support from friends and family members talking about your relationship and the times you’ve spent together.

Step 5: Prepare Forms

After you’ve gathered your evidence, you’ll move into the fifth step, which is to prepare the forms. So, what forms will you need to prepare?

• Form I-130, Petition for Alien Relative
• Form I-130A, Supplemental Information for Spouse Beneficiary
• Form I-485, Application to Register Permanent Residence or Adjust Status
• Form I-864, Affidavit of Support Under Section 213A of the INA

If applicable, you should also prepare the following forms:

• Form I-765, Application for Employment Authorization – This is a work permit application if you are planning on working in the United States.
• Form I-131, Application for Travel Document – Prepare this if you want to travel outside the U.S. while your case is pending

If you are outside of the States and your U.S. citizen spouse is there petitioning for you, the two forms you’ll need in the very beginning are the I-130 and I-130A. You will go through the process with the NVC and will need to file a Visa application, the affidavit of support, and several other documents that need to be uploaded into the NVC’s system.

Step 6: Interview

Whether you and your spouse are together in the U.S., or you’re abroad and they’re petitioning for you in the States, an interview is a pivotal part of the marriage visa process.

If you succeed, you will either get a two year green card, which is the conditional residence card, or you’ll get a 10 year green card, which is your permanent green card.

For tips on how to ace the interview, read our recent blog on the topic and get our free guide to maximize your chances of success!

Planning Your Roadmap to Success

Whether you are seeking assistance with visa applications, green cards, citizenship, or any other immigration matter, we are here to help you every step of the way. Our mission is not just to provide legal services but to empower our clients with the knowledge and resources they need to achieve their immigration goals. With proper legal counsel, persistent preparation, and meticulous attention to detail, your success can become reality too. Partner with professionals like McBean Law to chart your visa journey’s triumph.

If you are interested in more topics like this, please consider subscribing to our newsletter to get weekly updates on immigration news, relevant topics, and more! You can also find us on YouTube where we do weekly Q&A sessions.

LaToya McBean Pompy is an immigration lawyer who immigrated to the United States from Jamaica. Her experience sparked an interest in helping many families be together in the U.S. by founding McBean Law. If you need help with your or a loved one’s visa, contact us here or call us today at (888)-462-4006 to schedule a private consultation with LaToya and her team of New York immigration lawyers who are here to help you.