Marriage-based Green Card

        A U.S. citizen can file immigrant petition for his/her alien spouse any time after the marriage. It is a fast and easy path for the alien spouse to get the green card. If the alien spouse is in the U.S., he/she can file I-485 Adjustment of Status concurrently with the immigrant petition. Since spouse belonged to the immediate relative of U.S.C., as long as the alien spouse entry U.S. with a valid visa, he or she is able to adjust status and obtain green card even if he or she overstays the valid visa period.

      The most important issue is to establish a bona fide marriage. The following documents may serve as parts of evidence to prove this issue: communication records such as emails and letters; joint documents such as Bank Statements, Home Mortgage, House Insurance, Car Insurance, Energy Bill; affidavits of support from family members, friends and/or co-workers, etc.

       Within one month or two, the alien spouse will receive an ASC appointment notice indicating where the alien spouse should get his or her fingerprints done. Within another two months, the interview notice will be issued to the couple. The whole processing time takes 5 to 7 months. If the green card is granted within 2 years of marriage, it is conditioned and valid for 2 years. Within 90 days prior to the expiration date, the U.S. citizen and the alien spouse can jointly file for removal of the condition.

Our Marriage-based Green Card Package

       To serve our clients more comprehensively, Marriage-based Green Card Package including all applications and supporting documents is proudly offered by Law Offce of Xin Miao, LLC.    

       Clients can find all filled Immigration Petition, Adjustment of Statues Application, EAD Application and Re-entry Permit Petitions in this package.

       A detailed checklist for supporting documents is available indicating where and how to collect the documents and weigh them accordingly. Please consult with our attorneys for further details. In addition, the package covers personalized family and friends’ affidavits, personal statement, translation, petition letter, employment verification letter as well as preparation for your interview.

Removal Conditions on Residence

       To prevent marriage fraud, the initial green card obtained through marriage is valid for 2 years. The couple has to file Petition to Removal Conditions on Residence jointly 90 days immediately before the second anniversary of the date alien spouse were accorded condition residence status. Similar to the Marriage-based Green Card, petitioners have to submit various evidences to prove the marriage existed. Documents including mortgage or property contract, child’s birth certificate, affidavit from family and friends, joint tax return, etc are used to outline the couple’s married lives within these 2 years. 

      However, alien spouse may apply for a waiver of this joint filing requirement if a. the U.S.C. spouse subsequently died, b. the marriage was later terminated or annulled, c. the alien spouse has been battered or subjected to cruel treatment, or d. the termination of your status and    removal would result in extremely hardship. Based on different categories, alien spouse should submit evidence accordingly such as the dead  certificate of the U.S.C. spouse, divorce decree, medical report, police or social worker’s report and so on.

Return to Immigration Information

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