How Marriage-Based Green Cards Work

Green cards are the gold standard of legal permanent residency, and marriage is a primary legal pathway toward obtaining a green card. Immigration is governed by federal law, but New Jersey has its own laws governing marriage in the state, so the two are intertwined. When a foreign national obtains a green card through marriage, it grants them the right to live and work in the United States permanently. If you have questions or concerns about this complex immigration process, don’t wait to consult with our experienced New Jersey immigration attorney at Warren Law Firm.

The Marriage-Based Green Card

The marriage-based green card grants permanent residence status that is based on a spousal relationship. It applies to both traditional and same-sex couples. New Jersey does not, however, recognize common-law marriages, so this isn’t an option in the state.

Qualifying for the Marriage-Based Green Card

To qualify for a marriage-based green card in New Jersey, the marriage must be valid. And the U.S. Citizenship and Immigration Services (USCIS) scrutinizes marriages to ensure their authenticity.

In other words, you must have entered your marriage in good faith, as a solid legal union between you and your spouse, rather than solely for immigration purposes. This means you’ll need to demonstrate that you and your spouse share the kind of close relationship that other married couples do, which generally requires evidence like the following:

  • Having commingled financials
  • Living together as a married couple
  • Being recognized as a married couple
  • Having the range of photos and videos that tend to document close, loving relationships

Official documentation for bank accounts, mortgages, property deeds, and leases is generally required. Having professional legal counsel in your corner can make all the difference in the outcome of your case.

Your Petitioning Spouse

Your spouse will petition for your marriage-based green card, and to do so, they must qualify. If they are a U.S. citizen, you have immediate relative status. This means that there is no annual cap on the number of green cards issued for those in your position.

If, however, your spouse is a lawful permanent resident themself, it means that you have a family preference, and there is a limit to the number of visas awarded each year. The process tends to be more challenging and time-consuming, however, and your country of origin can directly affect your wait time.

It is also important to know that you must be admissible to the United States in the first place. There are specific issues that can lead to USCIS inadmissibility. These generally relate to specific health concerns, criminal history, and unlawful presence. In some instances, however, waivers are available.

Our Experienced New Jersey Immigration Lawyer Is Here to Help

At Warren Law in New Jersey, Kenneth Warren is our formidable immigration attorney, and he dedicates his impressive practice to skillfully guiding our valued clients through the challenging immigration process as effectively and efficiently as possible. We are on your side, so please don’t wait to contact us online or give our firm a call at 609-345-7717 today.