Marriage Green Cards, Explained

To get a marriage-based green card (both you and the spouse are located within the US), the following forms must be filed and submitted:  

I-130 - Petition for Alien Relative 

I-130A - Supplemental Information

I-485 - Application to Register Permanent Residence

I-1864 - Affidavit of Support

I-693 - Report of Medical Test and Vaccination Record

I-765 - Application for Employment Authorization 

I-131 - Application for Travel Document

I-944 - Declaration of Self-Sufficiency

Form I-130 (officially called the “Petition for Alien Relative”), is used to verify that a valid marriage exists between you and your spouse. The petitioner or sponsor of the application must be a citizen or permanent resident in the U.S.

This form is used by the USCIS to collect additional background information about the beneficiary spouse. The questions in the I-130A are based on the past five years of the beneficiary spouse’s employment and residential history. It must be filled out, signed, and submitted. The I-130A is filed and submitted with the I-130.

If the beneficiary spouse is in the U.S. on a different immigrant status, he/she will need to file an I-485 form to the USCIS to prove that, by virtue of the valid marriage between the applicant and permanent resident/citizen spouse, they have met the eligibility requirements to adjust their status to become a permanent resident in the U.S. The I-485 form contains several background-check questions. The I-130, 130A, and 485 forms can be filed at the same time by applicants who live in the U.S.

This is a form demonstrating agreement between the green card sponsor spouse and the U.S. government. It is an affidavit showing that he/she has income and/or assets that is enough to take care of their beneficiary spouse. This is done to assure the government that the spouse will not end up being a public charge after gaining a permanent residency.

According to the federal immigration law, there are four categories of health-related grounds of inadmissibility, which are:

• Communicable diseases
• Lack of proof of having received the required vaccinations
• Mental or physical disorders with harmful behaviour or a history of associated harmful behaviour; and
• Drug abuse or addiction

The USCIS requires all beneficiaries to undergo a medical examination which can only be performed by a USCIS-designated physician. After the examination, the examining doctor will give the applicant the test results in a sealed envelope on the I-693, which is to be submitted at during the green card interview. The USCIS will not accept the result if the envelope is opened.

This form is filed with the USCIS to get a temporary work authorization while waiting for the Form I-485 to be approved, which in some cases may take six to eight months. However, though this form is not compulsory in the application process since it comes free of charge and takes about 90 days to be approved, it is usually advisable to take advantage of it while the application for permanent residence is pending. If approved, the applicant will have temporary authorization while waiting for their green card approval.

If the applicant has to travel out of the U.S. while their I-485 is yet to be approved, the USCIS may consider their application abandoned, which means they will have to restart the whole process from the beginning. To avoid this, the applicant can file an I-131 along with the marriage-based green card application to have the ability to travel abroad while their green card application is pending. This is another optional form, and just like I-765, it also does not carry a fee.

Meanwhile, if the applicant has to travel abroad on an urgent basis, they don’t need to wait for their I-131 to be approved before they leave. The approved document can be forwarded to the designated U.S. embassy or consulate abroad for them to pick it up.

Beginning this year, the USCIS has mandated that any person applying for a green card (with certain exceptions) would have to apply for 'Declaration of Self-Sufficiency) form along with their regular package. This form is used to collect personal information about your health, education, and financial status to determine if you would be able to support yourself once you become a green card holder in the future. Officials will have the discretion to deny your green card application if they deem that you are likely to be a 'public charge' (someone who uses government benefits).

I-130 - Petition for Alien Relative 

I-130A - Supplemental Information

I-485 - Application to Register Permanent Residence

I-1864 - Affidavit of Support

I-693 - Report of Medical Test and Vaccination Record

I-765 - Application for Employment Authorization 

I-131 - Application for Travel Document

I-944 - Declaration of Self-Sufficiency

A marriage green card allows the spouse of a U.S. citizen or green card holder to live and work anywhere in the United States. A green card holder will have “permanent resident” status until they decide if they
wish to apply for U.S citizenship, for which they become eligible after three years.  

Getting a green card through marriage is generally a
three-step process:  

1. Establish the marriage relationship (Form I-130)  
2. Apply for the green card (Form I-485 or Form DS-260)  
3. Attend the green card interview and await approval.   

Green Card is the official name for the permit allowing immigrants to permanently live and work in the United States of America. It is also known as Lawful Permanent Resident Card.

Those who have a Green Card are allowed to immigrate to the USA and stay there for as long as they want. That means that anyone who would like to permanently live and work in the USA requires a Green Card. A person with a nonimmigrant visa is dependent on their job or the purpose of their stay in the USA, but a Green Card differs in that it gives the holder total freedom. Green Card holders can choose their place of work or where they want to live in the USA without limits and for however long they want.

Most people who apply for a Green Card will need to complete at least two forms. One is an immigrant petition and a Green Card application (Form I-485). Someone else usually must file the petition for you (often referred to as sponsoring or petitioning for you), although you may be eligible to file for yourself in some cases.

A Family Sponsored Green Card is an immigrant visa which allows the applicant to join their close relatives in the U.S. Close relatives can be your spouse, children, parents, or siblings but more distant relatives such as grandparents and cousins do not qualify.

Getting a Green Card through family means that you can move permanently to the U.S. You can live in any state you want to, go to school, and work for a U.S employer. You are allowed to get a U.S driver’s license, travel in and out of the U.S for specific periods of time, and if you do not violate the rules of your visa, after a while you can also apply for a U.S citizenship.

Depending on the type of Family Based Green Cards, there can be annual limits on the number of visas issued. If a visa has an annual limit or a cap, then the visas are processed in a chronological order. So, if you have applied before the limit for that year has been reached then your application will be processed. Otherwise you must wait until the next year or until your turn comes

Green card applicants with criminal records: Individuals (applicants) who are pursuing permanent resident status may be denied the same, if they are convicted of a crime. While a misdemeanour
conviction may not bar a person from obtaining, Permanent resident status, certain convictions may prevent a person from being approved for permanent
residence status or possibly cause the person to be subject to removal. 

Drug Offences:

In most cases, crimes that involve illegal drugs make an individual ineligible for admission into the US or for Permanent resident status. This includes
possessing a certain amount of cocaine, heroin, marijuana or other drugs.

Crimes Involving Moral Turpitude:

If the applicant is convicted of a crime involving moral turpitude, he/she may be inadmissible. Congress did not define moral turpitude, so US courts have
reached different conclusions regarding which offenses qualify as moral turpitude. Generally, crimes involving moral turpitude include fraud, murder,
stealing, domestic violence or severe violence. Moving violations, parking violations, some forms of assault, some forms of battery and DUI with no aggravating factors are not usually considered to be crimes involving moral turpitude.

Specified Offenses:

 The Immigration and Nationality Act specifies certain crimes that will make an individual inadmissible. For example, some listed crimes include terrorism,
kidnapping, human trafficking, money laundering and prostitution. Additionally, a person is inadmissible if he or she has multiple criminal convictions that, when combined, result in a sentence of five years or more. USCIS also has the discretion to deny a green card application for other crimes, such as if the person (applicant) has committed an aggravated felony, such as rape, sexual abuse of a minor, money laundering offenses or murder.

Factors that disqualify an applicant from obtaining a green card:
In determining whether the crime committed will be one that will disqualify the applicant from obtaining a green card, the immigration attorney will want to
know how old he/she was when they committed the crime, the number of convictions they had, the facts involved in the case, the name of the offense,
the sentence received and the maximum amount of time that the applicant could have received. The attorney can use this information to assess how the applicant’s criminal conviction compares to the crimes discussed in the Immigration and Nationality Act.  

Exceptions

 Even if a person would otherwise be inadmissible, there are exceptions. For example, a person may have one conviction for a misdemeanour that is classified as a crime involving moral turpitude, if the sentence was six months or shorter is one such exception. If the individual applying for a green card and who committed the crime when he or she was a minor, is no longer in jail and five years have passed since the offense, he or she may be able to qualify for an exception. The petty offense exception is available for individuals who have been convicted of a crime for which the maximum penalty is no longer than a year and the amount of time that they were actually imprisoned was for less than six months.   

Waiver

Other individuals who are considered to be inadmissible may be able to retain their lawful status or acquire permanent resident status by filing a waiver. A waiver is a provision of law that allows USCIS to waive the applicant’s criminal conviction if the applicant can show that not doing so will cause an extreme hardship on your spouse or parent who is an American citizen or permanent resident.  

About Misdemeanours Offenses

Even if the applicant was convicted of a misdemeanour, he/she may not be eligible for
permanent resident status as immigration laws may classify the conviction in a different manner than the criminal code in the jurisdiction where they were
convicted.   

Course of Action

If the applicant has been convicted of a crime and would like to know how the conviction
will likely affect his/her immigration status, it is important that they discuss this information with an experienced immigration lawyer. If possible, obtain a court disposition slip that provides detailed information about their (applicant’s) conviction and sentence so that they can provide the same to their immigration attorney before consultation. The applicant should follow this process for all of their convictions. Before the applicant is approved for a green card, USCIS will require him/her to attend a biometrics appointment in which their (applicant’s) fingerprints will be taken. The applicant’s fingerprint card will be sent to the FBI, who in turn will create a report that provides the USCIS with applicant’s details, including all of their arrests and convictions. Therefore, it is important that the applicant is more upfront with his/her attorney so that he or she (attorney) can properly plan how to work their (applicant’s) case.
 

Introduction – In August 2019, the federal government announced a new rule related to when certain immigrants might be considered a "public charge" under immigration law. The rule will prevent some immigrants from getting legal permanent resident status (also known as a green card) or a visa if they use certain public benefits or the federal government believes they are likely to depend on public benefits in the future. The Department of Homeland Security has
announced it will begin implementing the rule on February 24, 2020. This follows decisions by the U.S. Supreme Court which permitted the rule to go into
effect while lawsuits continue.  

Under previous policy, a "public charge" was someone who relied on cash assistance or institutionalized long- term care from the government to survive. The only benefits that could be considered under the
previous "public charge" test were:  

• Supplemental Security Income (SSI) 
• Temporary Assistance for Needy Families (TANF) 
• State and local cash assistance for income maintenance 
• Institutionalization for long-term care at government expense  

The federal law also looks at other factors in addition to use of above public benefits which include age, health, family status, assets, resources, financial status, education and skills – to determine whether someone is likely to become a public charge.  

In August, 2019, a new public charge rule with a different test was brought into the system by the
federal government and which came into effect in October, 2019. However, this rule was blocked by the state courts from going into effect. The US Supreme
Court stayed the decision on the blockade, permitting the rule to go into effect for now while litigation continues. The DHS implemented the new rule in
February, 2020.  

New Public Charge Rule – Under the new public charge rule implemented by the DHS in February, 2020, the federal government will:  

•  Consider more types of public benefits when
  administering the new public charge test. Under the new rule, more benefits
  will be considered by the immigration
  official which are as follows 

1.  Non-Emergency Medicaid (with some exceptions) 
2. Supplemental Nutrition Assistance Program (SNAP) 
3. Housing Assistance (Such as Public Housing or housing vouchers and rental assistance)  

Note – Use of the above benefits before February 24, 2020 will not be considered   

Implementation of the new public charge rule – 

United State Citizenship and Immigration Services (USCIS) will implement the Inadmissibility on public charge grounds final rule on February 24, 2020 and this rule will apply only to the applications postmarked on or after February 24, 2020. 

DHS will not consider an applicant’s use or application for the newly added non- cash benefits received before February 24, 2020. Applications for status adjustment that are already pending with USCIS and those postmarked before February 23, 2020 will be adjudicated under criteria in effect before the new rule.  

US Consulates and Embassies abroad are instructed to notify individuals on new required documentation,
including a new public charge form (Form DS-5540) in advance before the interview with the consular officer.

Immigrant Categories subject to and affected by the new public charge rules –    

Immigrants seeking admission to the US or who are applying for a green card based on a petition filed by a US Citizen or permanent resident family member are subject to public charge. Certain immigration categories like Asylum Visa or U Visa holders are
exempted from public charge or do not have a public charge test.  

While non-immigrants (e.g., students, tourists, and temporary workers) are also subject to the public charge ground of inadmissibility, this does not usually present a significant barrier. Most of these applicants must also establish that they do not intend to immigrate to the United States(reside permanently) and have the resources to support themselves while they are here temporarily. This new rule will require them to prove they have not accessed certain benefit programs at the time they apply for an extension or a
change of their non-immigrant status. 

LPRs who have been absent from the United States for a continuous period in excess of 180 days are also subject to the grounds of inadmissibility and thus could be questioned as to their likelihood of becoming a public charge when they seek re-entry at a port of entry. 

Effect of the new rule on the public charge test -   

Under the previous public charge rule, the use of public benefits was not a barrier to legal status in the US for two decades. However, after the new public charge rule came into effect, it punished receipt of vital health benefits, housing and nutrition benefits including SNAP Benefits (previously known as food stamps), federally – funded Medicaid and Section 8 Housing benefits. But still it had limited legal impact as most immigrants who are on path to a green card don’t have access to these benefits or they belong to an immigrant category which is exempt from public charge. The new rule will also impact green card applicants from low income families.  

Specific provisions in the new public charge rule:  

• While the test for whether someone is likely at any time to become a public charge will still be prospective (future-looking) as required by the statute, the new rules redefine what it means to be a “public charge.” Now, instead of assessing whether an applicant is likely to become primarily dependent on the government for income support, the new rules define a public charge as a person who is likely to receive any number of public benefits for more than an
  aggregate of 12 months over any 36-month period of time. Each benefit used counts toward the 12-month calculation. For instance, if an applicant is likely to receive two different benefits in one month, that counts as two months use of benefits.
• Under the new public charge rule, the immigration officers have to also consider English proficiency (positive) or lack of English proficiency (negative), a person’s credit score, medical conditions and whether the person has access to private health insurance. It is also necessary for the immigrants to attach a new form, I-944 (Declaration of Self-Sufficiency) when applying for a green card through status adjustment and DS-5540 (Public Charge
  Questionnaire) when applying for a green card through consular processing.  

Effect of the new public charge on the Current
Lawful Permanent Resident (LPR) including Conditional LPRs. 

Under Section 101(A)(13)(C) of the Immigration and
Nationality Act, a lawful permanent resident is subject to the grounds of inadmissibility under several circumstances, the most common one is when he or
she returns from a trip abroad after continuous absence longer than 180 days.
In this case, they will be questioned at the port of entry about current or likely use of the public benefits
and will be assessed on a harsher standard under the new public charge rule.   

Lawful Permanent Residents who have applied for
naturalization are not subject to the public charge ground of inadmissibility. However if they have applied for naturalization and travelled abroad for more
than 180 days as LPR and are viewed as someone who has become a public charge at the time of readmission, then he or she is subject to a charge of being deportable for being inadmissible at the time of admission.  

Conditional residents are similarly not subject to the public charge ground of inadmissibility when they apply at the two-year stage to remove the conditions (Form I-751). Since they have the same status as other LPRs, however, they would be subject to all grounds of inadmissibility if they depart the United States and then seek readmission after 180 days.  

LPRs applying to renew their resident alien card (Form I-551) will not be affected by the new public charge rule. Questions concerning income and benefit receipt are not asked on the Form I-90; potential public charge is not a factor that adjudicators can consider.

Update - Proposed fees for US citizenship applications would increase by more than 80% and by 56% for marriage-based green cards post Nov 2019.  

Introduction – there are multiple pathways to permanent residency status in the US, one of them is through “green card marriage” in which spouses of legal US residents are entitled to permanent resident status as well. A marriage green card is a Lawful Permanent Resident Card (the formal title of the green card) that is obtained through marriage to a U.S. citizen or permanent resident.

Unlike the F1 and H1B visa, the permanent resident status with a green card is not dependent on the job or reason for entering the country. There is no limit on the duration of the stay in the U.S for the green card holders. They can travel freely and live at place of their choice in the US.    

Process for applying for green card through marriage– To obtain a green card through marriage, three main steps are involved – 

• Legitimization of marriage 
• Applying for green card 
•  Interview with USCIS ( US Citizenship and Immigration Services )  

A breakdown of steps involved in the marriage green card process is presented below-

Submit I-30 – First, to make the marriage
legal and legitimate, a form I-30 has to be submitted by the spouse who is a U.S. citizen or permanent resident, to the USCIS. This form provides proof of the marriage to immigration officials. The spouse filing the form can be described as “Petitioner” or “sponsor”. The other spouse is the “beneficiary” or the “green card applicant”.  

The following information has to be provided on the Form I-30 submission by the petitioner-

• A filing fee of $535  
• Proof of residency status (American citizen or US permanent resident) by the petitioner, in the form of a birth certificate, naturalization certificate, U.S. passport, or green card 
• Proof that demonstrates the legitimacy of the marriage, like marriage photos, joint homeownership, lease or bank accounts. 
• Proof of legal termination of the previous marriage of either party.  

Once the form I-30 is completed, it has to be submitted to USCIS by the sponsor along with the required documents and fees. A notice is sent by the USCIS to the sponsor upon their receipt of the application packet within 2 weeks.   

If more information or documents are needed by the USCIS to complete the filing package, they send a Request For Evidence within 2-3 months to the sponsor. The sponsor will then get notice of approval or denial of their application within 7-15 months, depending on the circumstances.  

• Establishing Spouse Eligibility – For spouses
  applying within US, the next step is to complete an I-485 (Adjustment of Status application) form. This establishes the green card eligibility of the spouse.  

 I-485 Application packet must include the following:  

• A filing fee of $1,225 
• Demonstrating proof of spouse’s nationality 
• Proof that the spouse legally entered the United States (with a prior U.S. visa or I-94 travel record) 
• Medical examination mandated by USCIS 
• Proof that the sponsor can financially support the beneficiary (with a Form I-864 Affidavit of Support, and financial documents like pay stubs and tax returns)  

If the sponsor is a U.S. citizen, they can concurrently file the Form I-485 with the Form I-130. Processing a concurrent application typically takes 9-11 months. 

Sponsors with a green card, on the other hand, must file these forms separately. These applications can have a one and a half year wait time due to the visa cap, and, after being submitted, can take another 9-11 months to process.   

If the spouse of the sponsor lives abroad, there is a different process. Application packages must be submitted to the National Visa Center (NVC), and
the green card interview takes place at a U.S. embassy or consulate. 

Spouses living abroad must submit the following:  

• A $445 filing fee 
• An online green card application, or Form DS-260 
• Proof demonstrating nationality of the spouse 
• Police clearance certificate for the spouse 
• Proof that the sponsor can financially support the spouse in the United States

The documents required for a marriage green card differs from the situation but generally include the following: 

• Birth certificate
• Marriage certificate 
• Financial documents 
• Proof of sponsor's U.S citizenship or permanent residence
• Proof of lawful U.S entry and status, if applicable 
• Police clearance certificate, if applicable 
• Prior-marriage termination papers, if applicable 
• Court, police, and prison records, if applicable
• Military records, if applicable
• Immigration violation records, if applicable
• Current/expired U.S visa(s)
• Medical examination documents 

What is the Public Charge rule?

“Public charge” is described as someone who is likely to become dependent on government assistance. USCIS has always considered “public charge” when determining your status in the U.S.  However, under the current Trump administration the public charge rules will be looked at in a different light. 

What does this mean?

USCIS wants to know how much government assistance you have received in the past and how much assistance you will likely receive. They’ll use the information you provide to determine whether you will be considered a “public charge” to the government in the future. USCIS gathers this information with the Form I-944, Declaration of Self-Sufficiency.

Form I-944 & What You Need to Know

If you are filing an application to register permanent residence or you are submitting an adjustment of status within the United States and you are completing Form I-485 you’ll need to fill out and include the new Public Charge Form I-944. They’ll look at factors such as the applicant’s age, health, family information, assets, financial status, education and skills, etc. The Form I-944 is automatically included with every Greenbroad application package.

In the end they will look at the overall factors you provide to determine if an applicant would become a public charge to the USCIS.

As you may already know, applying to immigrate to the United States requires a medical examination with a USCIS certified doctor. To learn more about this medical examination and it’s Form I-693, Report of Medical Examination and Vaccination Record.

Part of the medical examination requires doctors to check that you are up-to-date on all vaccinations designated as mandatory by USCIS and CDC. This article provides information about the basic vaccination requirements for those hoping to immigrate to the United States as well as describes what actions are required to opt-out of these requirements. For further information on vaccination requirements, check out some of the FAQ’s on the USCIS website. 

Under US immigration law, all immigrants, including those seeking permanent resident status, are required to receive vaccinations to prevent the following diseases: 

• Haemophilus influenza type B
• Hepatitis B
• Measles 
• Mumps 
• Pertussis
• Polio
• Rubella
• Tetanus and Diphtheria Toxoids
• Any other vaccine-preventable diseases recommended by the Advisory Committee for Immunization Practices
• Influenza 
• Rotavirus
• Hepatitis A
• Meningococcal disease
• Varicella
• Pneumococcal disease

The influenza vaccination requirement is unique in that it is only required during the flu season since it is strain-specific and only available for a limited time each year. For the purposes of the Form I-693, the flu season is considered to be from October 1st – March 31st. If applying during this window, the influenza vaccination is required. 

You should bring the following items with you:

• Official vaccination or immunization record.
• Form I-693, Report of Medical Examination and Vaccination Record. Print out and bring the form to your appointment. Fill out Part 1 of the form but do not sign it until the civil surgeon tells you to do so.
• Government-issued I.D., such as a valid passport or driver’s license.
• Medical insurance card. Check with the doctor’s office to see if they accept your medical plan.
• Payment. Check with the doctor’s office about acceptable forms of payment

If you have lost or misplaced your vaccination history, contact your doctor or public health clinic to see if they have a copy. You can also contact your state’s health department if you are living in the United States to see if they keep vaccination records. For children, check with previous schools or daycares as they may have a copy as well. 

During your appointment, the civil surgeon or panel physician will review your vaccination history with you to determine whether or not you have received all of the required vaccinations. This is why it is so important to remember to bring an official record of your vaccination history with you to your appointment. The results of this evaluation will be recorded on your Form I-693.

If you are up to date on the required vaccines, no additional vaccines will be required at the time of the medical exam.

If you are not up-to-date on all of the required vaccinations, don’t worry! The civil surgeon or panel physician can often provide them and can help you determine which ones are appropriate. You also have the option to ask your family doctor to administer the required vaccines to you after your evaluation. If you choose the latter option, you will need to show the records of these vaccinations to the civil surgeon or panel physician to note on Form I-693. 

Additionally, some of the required vaccine series require months to years to complete. This can make it difficult for applicants to receive all required vaccinations prior to adjustment of status or immigration. For many of these USCIS only requires that you have at least one dose of each age-appropriate vaccination listed as mandatory. 

Some people may not be able to get vaccinated — or may need to wait.

The day of your appointment, tell your doctor if you:

• Have any allergies
• Have had serious side effects from a vaccine in the past
• Are pregnant or planning to get pregnant
• Are sick