If there is one thing that has remained consistent in immigration circles, these past several months, it is this – the immigration rules have just gotten tougher across visa categories. Whether it’s H-1B, F-1, B-1/B-2 and most other non-immigrant as well as immigrant visa categories, every ruling has been scrutinized and sometimes revised.
One of the recent updates has been that an increasing number of attorneys have issued warnings for marriage-based green cards, that there has been an increased scrutiny while processing marriage-based green cards. In fact, the recent months have seen a few cases where many who showed up for green card interviews have been detained, even though they were married to U.S. citizens.
Immigration attorneys advise that in the current climate it is imperative that every individual applying for an immigration benefit needs to thoroughly know the rules and expectations around their respective visa category.
Immigration attorney Douglas Lightman of NY based Lightman Law Firm LLC says, “Getting a green card through marriage is one of the most common pathways to lawful permanent residence in the United States. It also is one of the fastest routes to permanent residence, with some applicants receiving approval in as little as 9 to 15 months.”
But ironically it also remains one of the least understood pathways, where it is important to prove to the authorities that the marriage was not intended for immigration purposes.
A marriage based green card allows the foreign spouse of a U.S. citizen or lawful permanent resident to live and work anywhere in the United States. The type of green card you receive depends on how long you’ve been married when the green card is approved.
Marriage Green Card categories
Attorney Lightman informs, “There can be two categories of marriage-based green cards. A 10-Year Green Card or a permanent green card issued to spouses of U.S. citizens or green card holders married for more than two years at approval. This is also known as an IR-1 visa.” About the other category he says, “A 2-year conditional green card is issued to spouses of U.S. citizens or green card holders married for less than two years at approval. Valid for two years and requires filing Form I-751 to remove conditions. This is also known as a CR-1 visa.”
Attorneys inform that while a U.S. citizen sponsor can file Form I-130 and Form I-485 concurrently if the foreign spouse is already in the United States, potentially shortening the timeline to under a year. Sponsors who are Green card holders face quota restrictions that extend wait times considerably.
Marriage based Green Card eligibility
USCIS enforces strict eligibility requirements to prevent marriage fraud and ensure sponsors can financially support their immigrant spouse. On what are the conditions that the applicants must ensure that they fulfill before filing for a green card, NY based Immigration attorney Matthew Curtis, says, “The marriage must be legally valid with a government-issued marriage certificate. USCIS updated its policy recently to clarify that only marriages legally recognized and registered with civil authorities qualify. Both spouses must have been legally free to marry, with all previous marriages properly terminated through divorce, annulment, or death.”
One of the other criteria to prove is the bona fide marriage standard. It is most scrutinized aspect. Attorney Curtis says, “The USCIS examines whether you and your spouse share a life together through financial entanglement, cohabitation, and emotional connection. The burden of proof is entirely on you.”
Reflecting on the evidence can the couple show? Attorney Lightman says, “Joint financial accounts show financial interdependence. Housing documentation proves you live together. Photos spanning the length of your relationship document your time together. Affidavits from friends and family provide third-party verification. Travel records, communication records, and receipts from joint purchases all strengthen your case.”
What can be the red flags
Some couples also fear that despite their case being genuine, they can sometimes come under scrutiny. So what are the possible red flags, attorney Curtis says, “Things like a significant age difference, limited shared language, very short courtship followed by immediate marriage, living at separate addresses, minimal joint financial documentation, and previous marriages to U.S. citizens all trigger enhanced scrutiny.”
One of the other important aspects, Attorney Lightman says, remains the financial aspect. He elaborates, “The U.S. sponsor must demonstrate they can financially support the immigrant spouse at 125% of the federal poverty guidelines. This requirement prevents the foreign spouse from becoming a public charge, defined as receiving certain federal, state, or local means-tested public benefits. A sponsor with a household size of two needs a minimum income of approximately $25,550. If the sponsor cannot meet this requirement, they can include the immigrant spouse’s income if living together, use a joint sponsor who meets requirements independently, or demonstrate qualifying assets.”