With President-elect Trump's inauguration — which has signaled a strong anti-immigration stance — not far off, this is a time when interest in applying for a green card through marriage to a U.S. citizen is on the rise. This includes people who have already married a U.S. citizen but, for various reasons, have not yet applied for a green card, as well as people who have not yet registered their marriage but are considering marriage with that in mind. Applying for a green card through marriage to a U.S. citizen is not a difficult or highly technical undertaking, but the preparation process can be complex, and even a small mistake can turn into a major problem. Today, we look at ten things to keep in mind when applying for a green card through marriage to a U.S. citizen.

1. Proving a Bona Fide Marriage

One of the most important factors is proving that the marriage is a genuine, bona fide relationship. USCIS (U.S. Citizenship and Immigration Services) thoroughly investigates whether a marriage is merely a means of obtaining a green card. It is essential to prepare materials such as photographs, travel records, jointly held assets, and records of family gatherings to establish that the marriage is genuine. Documents that serve this purpose include a joint bank account, a lease or deed listing both spouses' names, insurance policies, and other documents held jointly in both spouses' names.

2. Preparing the Right Documents

The green card application process requires a variety of documents. You will also need to prepare a birth certificate (the basic certificate and the family relation certificate), a passport, a marriage certificate, and tax returns, among others. If the documents are not properly prepared, the application can be delayed or denied. At the same time, submitting far more documents than are actually required can also be a problem. This is because it can delay the review of the case, and if there is content in the submitted documents that conflicts with one another, in a serious case it can even result in the case itself being denied. We recommend that you rely on the help of an experienced immigration attorney to decide which documents are truly necessary and which documents do not need to be sent to USCIS at all.

3. Preparing for the Interview

The green card interview is conducted in English, but applicants who are not comfortable in English can proceed with the help of an interpreter or USCIS's own interpreter. Because the USCIS interview asks questions about the couple's married life, it is a good idea to prepare by regularly practicing talking about your daily life with your spouse. You should also be able to describe, in detail and going back five years, the employment and residential addresses that trace your movements over that period. If this information does not line up, or if there are significant discrepancies in dates or locations, it can become a problem, so you should carefully review the contents of your green card application.

4. Reviewing Your Criminal Record

An applicant's criminal record is an important matter for review. If an applicant had a criminal record but submits the application stating that no such record exists, this can be treated as an attempt to deceive USCIS. This is a serious matter that can lead not only to denial of the case but even to removal (deportation), so it is important to consult with an experienced immigration attorney.

5. Tax Returns and the Affidavit of Support

You must show that the citizen spouse is financially able to support the applicant. To do this, recent tax returns and an affidavit of support must be submitted. If the affidavit of support is insufficient, you may need to find a joint sponsor. A joint sponsor must be a lawful permanent resident or a U.S. citizen, and it is advantageous if that person has sufficient income and is currently employed, including self-employment.

6. Being Mindful of Timing

The timing of your application is also an important factor. If you apply immediately after getting married, USCIS may question the marriage's authenticity. To strengthen the credibility of the marriage, it is a good idea to let time pass and gather materials that can show the relationship's stability. For example, filing an application in haste, only a short time after entering the United States on a tourist visa, can become a problem.

7. Reviewing Your Prior Visa Record

An applicant's history of stay in the United States and prior visa record is an important item for review. Even if an applicant became unlawfully present through a simple overstay, they can still apply for and be approved for a green card if they later marry a U.S. citizen. However, people who entered without inspection at an airport or other port of entry (EWI, meaning entry without inspection) will have a hard time obtaining a green card even if they marry a U.S. citizen. Such individuals may have a chance at relief through a waiver application, so we recommend consulting with an experienced immigration attorney.

8. Marriage Registration and Compliance With Local Law

It is important to confirm that the marriage was legally entered into. If the legal requirements of the country or state where the marriage was registered were not met, USCIS may not recognize the marriage as valid. And, as a most basic matter, if an existing marriage has not yet been dissolved through divorce or annulment, marrying another person makes it a bigamous marriage, and the application cannot be approved.

9. Securing Evidence of Living Together

It is important to prove that you and your spouse live at the same address. You should secure documents that can establish joint residency, such as a lease and utility bills. USCIS closely examines whether the couple is actually living together. That said, there can be situations — such as living together at a parent's home — where there is no separate lease or deed in the couple's names. In such cases, it is a good idea to work with an immigration attorney to provide an appropriate explanation.

10. Getting Advice From an Immigration Attorney

Relying on the help of an experienced immigration attorney is an essential condition. Unexpected problems can arise during the application process, and an experienced attorney can help prevent these problems in advance and resolve them effectively. If you file the application while your documents are incomplete, it can make approval of the case difficult or delay it, so it is to your advantage to have an attorney help make sure your documents are well prepared before filing with USCIS.

Conclusion

Applying for a green card through marriage to a U.S. citizen is a process that requires careful preparation. Accurate document preparation and proof of the relationship's authenticity are important at every stage, and through this you can obtain a smooth approval. Without a good understanding of the ten points discussed above, you could unexpectedly end up with the case denied and even facing removal proceedings, so please prepare thoroughly in advance and be sure to rely on the help of an experienced immigration attorney to achieve a successful green card.

Disclaimer: This column is provided for general informational purposes only and does not constitute legal advice for any specific case. For matters concerning your individual immigration situation, please consult an immigration attorney.

Law Office of Jin D. Cho, P.C.

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