How to Obtain a Green Card in New Jersey Through Marriage

How to Obtain a Green Card in New Jersey Through Marriage

Obtaining a Green Card in New Jersey through marriage can be a straightforward process, provided you meet all the necessary criteria and follow the required steps. This pathway allows eligible foreign nationals to gain permanent residency in the United States based on their marriage to a U.S. citizen or a lawful permanent resident.

1. Understand the Eligibility Requirements

To apply for a Green Card through marriage, you must be legally married to a U.S. citizen or a permanent resident. Your marriage must be genuine and not entered into solely for immigration purposes. Additionally, both spouses must be legally eligible to marry. If you are currently in the U.S. on a valid visa, it’s crucial to ensure you are not violating any terms that could affect your application.

2. Gather Required Documents

Before initiating the application process, gather the necessary documents, including:

  • A copy of your marriage certificate.
  • Proof of the U.S. citizen's or permanent resident's status (such as a birth certificate, naturalization certificate, or Green Card).
  • Evidence of a bona fide marriage (photos, joint bank accounts, or affidavits from friends and family).
  • Current immigration status documents, if applicable (passport, visa, I-94).

3. File the Necessary Forms

The primary forms required for obtaining a Green Card through marriage are:

  • Form I-130: Petition for Alien Relative. This is submitted by the U.S. citizen or permanent resident spouse.
  • Form I-485: Application to Register Permanent Residence or Adjust Status. This is submitted by the foreign national spouse.

These forms can be filed concurrently, or the I-485 can be submitted after the I-130 is approved. Be sure to check the USCIS website for any updates to the forms and ensure you include the right filing fees.

4. Attend the Interview

Once your forms are submitted, USCIS will schedule an interview for you and your spouse. This interview is a critical step in the Green Card process. Officers will ask questions to assess the legitimacy of your marriage. Prepare by discussing your relationship and practicing answers to common interview questions.

5. Obtain the Green Card

If approved, you will receive your Green Card in the mail. If you have been married for less than two years at the time of approval, you will receive a conditional Green Card. You and your spouse must then file Form I-751 within the 90-day period before the card expires to remove the conditions and obtain a permanent Green Card.

6. Consider Professional Assistance

While many couples successfully navigate the process on their own, it can be beneficial to consult with an immigration attorney, especially if you have a complicated case or any concerns about your application. An experienced attorney can provide valuable insights and ensure your application is complete and accurate.

7. Stay Informed

Immigration laws and processes can change, so it's essential to stay updated on any new regulations or changes that may affect your application. Visiting the USCIS website regularly or following immigration news can help keep you informed.

In conclusion, obtaining a Green Card in New Jersey through marriage is a multi-step process that requires careful preparation and compliance with immigration laws. By understanding eligibility requirements, gathering necessary documentation, filing the correct forms, and attending an interview, couples can successfully navigate the journey towards permanent residency.