Obtaining a marriage based green card is not only a testament to love and commitment but also a gateway to numerous benefits and opportunities in the United States. In this informative timeline, we will delve into the advantages of pursuing a marriage based green card. We’ll be outlining the eligibility requirements, application process, and the rights and privileges that comes with marriage based green cards.
The Benefits of Obtaining a Marriage Based Green Card
Eligibility Requirements for a Marriage Based Green Card
To apply for a marriage-based green card, the applicant must meet certain eligibility requirements. These include:
- Genuine Marriage: Demonstrating the authenticity of the marital relationship is essential. Evidence such as joint financial accounts, shared property, photographs, and affidavits from family and friends can substantiate the bona fide nature of the marriage.
- Valid Marriage: The marriage must be legally recognized and valid, whether it is a same-sex or opposite-sex marriage. With this in mind, understanding the legal requirements and ensuring compliance with state laws is crucial.
The Application Process and Timeline
The application process for a marriage based green card involves several key steps:
- Form I-130: The U.S. citizen or permanent resident spouse must file Form I-130, Petition for Alien Relative, on behalf of their foreign-born spouse. This form establishes the relationship and also initiates the green card application process.
- Form I-485: Once the Form I-130 is approved, the foreign-born spouse can file Form I-485, Application to Register Permanent Residence or Adjust Status. This form allows them to adjust their immigration status to that of a lawful permanent resident.
- Supporting Documentation: Along with the forms, various supporting documents such as birth certificates, marriage certificates, passport-style photographs, and evidence of financial support must be submitted to establish eligibility and demonstrate the authenticity of the marriage.
- Biometrics Appointment and Interview: The applicant will be required to attend a biometrics appointment to provide fingerprints, photographs, and other identifying information. Subsequently, immigration authorities will schedule an interview to assess the validity of the marriage.
Rights and Privileges of a Marriage Based Green Card Holder
Obtaining a marriage based green card comes with a range of rights and privileges, including:
- Legal Permanent Residence: A marriage based green card grants the foreign-born spouse the status of a lawful permanent resident (LPR). This allows them to live and also work permanently in the United States.
- Work Authorization: LPRs are eligible to obtain an Employment Authorization Document (EAD), commonly known as a work permit. This document allows them to work for any employer in the United States without restrictions.
- Travel Benefits: With a marriage-based green card, individuals can freely travel in and out of the United States by presenting their green card and a valid passport. They can also apply for U.S. citizenship after meeting the necessary requirements.
Social Security and Medicare Benefits: LPRs are eligible for certain Social Security and Medicare benefits. These include retirement benefits, disability benefits, and healthcare coverage.
Maintaining Legal Status and Future Options
To maintain legal status as a marriage based green card holder, individuals must comply with certain obligations, such as notifying USCIS of any change of address and avoiding criminal activities that may lead to deportation. Additionally, marriage-based green card holders may become eligible to apply for U.S. citizenship, further expanding their rights and opportunities.
Undeniably, acquiring a marriage-based green card offers numerous advantages. These advantages include legal permanent residence, work authorization, travel benefits, as well as access to social security and Medicare benefits.
It not only strengthens the bond between spouses but also opens doors to a future of opportunities in the U.S. Nonetheless, by understanding the eligibility requirements, navigating the application process, and upholding their legal status, individuals can enjoy the benefits of a marriage based green card and embark on a journey towards a brighter future.
Seek Support
Given these points its important to remember each immigration case is unique. It is advisable to consult with an experienced immigration attorney to ensure a smooth and successful application process.
Law Office Of Abhisha Parikh is here to guide you through the marriage based green card process and provide personalized assistance tailored to your specific circumstances.
Contact us today to book a consultation and take the first step toward securing your future in the United States.
