Ever wondered if marrying an American instantly hands you a green card and a happily-ever-after? Think again.

In this episode of Immigration Weekly, Rosanna Berardi pulls back the curtain on one of the most misunderstood parts of U.S. immigration law: marriage-based green cards. From star-crossed lovers on tropical beaches to 24-page government forms and awkward interview questions like “Who takes the trash out?”, Rosanna shares real-life stories and insider knowledge from her 28 years of experience. Whether you’re planning to bring your partner to the U.S. or just curious about how love meets bureaucracy, this episode is packed with insights, surprises, and a bit of courtroom glamour straight from the U.S. Supreme Court.

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Transcript

Everyone’s talking about U.S. immigration law, but nobody really knows how it works. I’m Rosanna Berardi. I’m the daughter of an immigrant, a former immigration inspector at the border, university professor, and founder and managing partner of Berardi Immigration Law.

I’ve done nothing but U.S. immigration law for over 30 years, and it’s time to stop the misinformation on all sides. I’m going to tell you how it all works, the inside story. This is Immigration Weekly with Rosanna Berardi.

Hi, everyone. Welcome to Immigration Weekly with your friendly host, Rosanna Berardi. Boy, am I happy to be here.

Supreme Court Experience

I just came back from the United States Supreme Court. It was really cool. No, I’m not working for the court, nor am I appearing, but I was able to be admitted through the Women’s Bar Association of the State of New York.

Boy, what a thrill to be in that courtroom, to see the justices. I was probably 10 feet away from the entire court. They read four opinions that day.

I got to raise my right hand, and they said my name. Wow. If you’ve never been to Washington, D.C., if you’ve never been to the Supreme Court, go. You have to go, even if you’re not American. It’s an amazing trip. Anyway, today on Immigration Weekly, we are talking about a really, really fun and emotional and often misrepresented topic in immigration law, marrying someone and getting a green card.

Love Stories and Legal Realities

Now, I know we’ve all seen the movies. I know we all heard, oh, just marry in America, and you get a green card. Not so fast.

It doesn’t happen in two weeks like you see in the movies. Marrying a U.S. citizen as a foreign national can get you a green card, but it’s a lengthy process. It opens the door to a lengthy, emotional, paper-intensive process, one filled with government forms, interviews, filing fees, deadlines, timelines.

This is not a do-it-yourself project. If you’re an American citizen in love with somebody abroad, and you want that person to come to the U.S., don’t do this yourself. I have been helping couples for 28 years navigate the complexities of what we call marriage-based immigration.

And trust me, it’s not all champagne toasts and visa stamps. I’ve seen the stress, the confusion, the separation, the question of, why is this form 24 pages long? You know what the government’s really interested in?

Why don’t you guys have a joint utility bill? Or oddly, who takes the trash out in your house? So in this episode, we’re going to unpack what really happens when love crosses borders.

Why it just takes more than hearts and flowers to live happily ever after in the eyes of U.S. immigration. So let’s start at the beginning and talk about what makes a marriage eligible in the eyes of the U.S. government. So picture this.

You’re on vacation. I cannot tell you how many times this story happens in real life. You’re on vacation at a client.

She went to the Dominican Republic for some solo time, solo travel. She starts taking tennis lessons from this really cute instructor. She has dinner with him.

They hold hands on the beach. They talk all night under the stars. She falls head over heels in love with the tennis instructor from the Dominican Republic.

Next thing you know, she returns to her home in L.A., heartbroken and sad, and they start talking about marriage. She decides she’s going to fly down there. And guess what?

They get married on the beach. At the resort where they met. Ah, star-crossed lovers.

Proving It’s Real and Navigating the System

And then it gets complicated. You know why? The government doesn’t care about that.

They don’t care about your star-crossed lover. You’re in love. You fell in love.

Blah, blah, blah. They don’t really care about that. How does my client bring her spouse now from the Dominican Republic into the U.S.? Messy, messy stuff. So we are going to go over how it actually happens. So the genesis of any type of green card petition on behalf of a spouse filed by a U.S. citizen, it has to be filed with U.S. Citizenship and Immigration Services, USCIS, in my world. And there’s a form called an I-130.

You look it up. Pretty straightforward. Name.

Name a spouse. Where do you live? Blah, blah, blah.

Yeah, yeah, yeah. You file that. And that is the way of saying to the U.S. government, government, I am head over heels in love with this man that I married from the Dominican Republic, and I want to bring him to the United States. Sounds pretty simple. Well, the government really wants to know, is this for real? Is this a real marriage, or is this what they call a sham marriage?

Is the man from the Dominican Republic marrying my client from L.A. for the green card, for the opportunity to be in the U.S.? Sounds sinister. Happens all the time. The U.S. is notoriously difficult to enter legally. We see this on every level. And oftentimes, marriage can be utilized as a way of entering the United States. But so that I-130 petition is filed.

And what it really is intended to do is to prove the validity of the marriage. Not just that marriage certificate. The government is like your nosy Aunt Karen.

How do you prove real love?

They want to know where you met, how you met, have you met in person at least once in the last two years. They want to see pictures of the two of you. They want statements from friends or family that can attest that this couple is the real deal.

We went on vacation with them. We’ve seen them together numerous times. They want to know how you met, and then they want evidence of exactly proof of the marriage.

So your I-130, you hire your friendly immigration lawyer who will help you prepare the I-130, which just isn’t that form. Real love requires a paper trail. What does the government want to see?

They want to see it’s bona fide marriage. Forget the fancy wedding pictures, the sparkling rings. They want to see details of the messy, the mundane, the meaningful parts of your life together.

That’s where the real evidence is. And that’s the trick to these cases, is showing the government that you are indeed a couple. The strongest cases that I’ve prepared are the ones with the most extensive pile of mundane info.

Grocery store receipts, screenshots of text messages. I’m old enough back in the day we used to show letters that people wrote to each other. Now we show a lot of screenshots, text messages, WhatsApp, birthday cards from in-laws, adopting the new puppy, shared Netflix accounts, road trip playlists, boarding passes to vacations.

So for my client, when she was in the Dominican and married her partner there, they then went on a honeymoon to Italy. And so we showed the marriage certificate, we showed pictures of the wedding, but we also showed them in Italy. We had some receipts for gelato.

We showed both their names on a hotel bill. And while she was abroad, she added her spouse to her 401k. He was a designated beneficiary to her health insurance.

She added him to her monthly lease. These are all really helpful facts showing that they’re intending to build a life together. You’ve got to document everything.

You really do. It’s not about perfect. Every one of these cases looks different, but it feels like almost an exercise in scrapbooking your relationship.

You want to make it so easy for the officer to look at this I-130 and all of the attached evidence and say, oh my god, what a great couple. Wow, I really believe that they are in love and this isn’t happening for the government benefit. You want the government to look at your case and say, yep, this feels real.

The more evidence, the better. And trust me, we spend a lot, a lot of hours papering this. We drive our clients a little bit crazy.

And we’re not being nosy Aunt Karen, but we really need to establish on paper that this is not a case of marriage fraud. Marriage fraud is a serious federal offense and immigration officers are trained to spot inconsistencies. If your documents don’t align, your stories are rehearsed, your photos look staged, those are all red flags.

Or sometimes people have nothing. Oh, we just met. We don’t take pictures.

We don’t send text messages. That is hard in this day and age with social media and all of us walking around with our friendly cell phone appendages. That’s stuff.

Tough. We can’t fake this stuff. So what happens?

We put together the I-130. We put together all the supporting evidence. And now is the difficult part.

If the government had its way, they would like my client’s spouse to remain in the Dominican Republic. If that is the case, the couple would be separated. Maybe she’s living down there for right now.

How quick can it be done?

They would have to do something called counselor processing. That means the application for the I-130 and all the supporting evidence would be filed at USCIS in the U.S., but ultimately the U.S. consulate in the Dominican Republic would review the case and make a decision. Now, if this happened in a few weeks, easy peasy, who cares?

This can take years for the U.S. consulate to look at these applications. Years. So, I mean, if the couple is together, if my client from L.A. is able to work remotely from the D.R., that’s great. If she can’t, this isn’t really the best option. So what happens sometimes? Well, individuals from the D.R., you know, this gentleman may have had a work permit or a visa to enter the U.S. and he’s here already. If he’s here already in valid status, they don’t have to be separated. They can do something called adjustment of status. What does that mean?

You’re asking the government to adjust his status from visitor, or if he had a work permit, a worker, to a lawful permanent resident of the U.S., also known as a green card. This is called adjustment of status. It is a very lengthy and complex process.

It requires something called an affidavit of support. That sounds really scary. An affidavit is a statement saying yes or no, I will do this.

The affidavit of support says I’m a U.S. citizen and I legally agree to financially support my partner so that he or she does not become a public charge. What does that mean? That means he or she cannot get public benefits.

If you’re a U.S. citizen doing this, you need to make a certain amount of money based on the U.S. poverty guidelines. You’ll need to show your tax returns, your W-2s. You need to show that your income can support your spouse.

This is messy. Some people don’t have their taxes filed up to date. What happens if you can’t meet this part?

You can get a co-sponsor that’s any other U.S. citizen or green card holder that’s willing to swear to the same thing under oath. This is not something to sneeze at. This is very important.

You’re saying I’m putting my money where my mouth is and if anything happens to my spouse from the D.R., I will be financially responsible. Let’s say the spouse from the D.R. is in the U.S. He will have to get a medical exam. What?

There are doctors called designated civil surgeons. You can’t just go to your regular doctor or the urgent care clinic. You have to go to a U.S. CIS approved civil surgeon who does a review of your vaccinations and communicable diseases. They’re making sure that you don’t have tuberculosis or something that’s very contagious. There’s a list of doctors in the United States on the U.S. CIS website. You can look at it based on your zip code.

Now, what if your spouse is here already and you file for the green card? Does that mean he can start working immediately? Of course not.

U.S. government says this is going to take a long time. Why? Lots and lots of people do this every year.

They don’t have enough resources. So because they know it’s going to take a long time while you’re filing this adjustment of status package, you can also file an I-765, which is permission to work in the United States. Unfortunately, this is not a check back in a few weeks situation.

This can take years. It’s ideal if you’re together and you do this through adjustment of status so at least you can be together and not separated. Although we have many clients who’ve been separated during this time and it’s really difficult, really, really difficult to remain separated.

Okay, you filed all your paperwork. You’re waiting. You’re like, oh my god, this is taking forever.

The government calls you in and says, we need to interview you because we want to make sure this is legit. Yikes. What does that involve?

Pay attention to the details

Well, for men, this is a tough one. I don’t mean to be stereotypical, but either whether you’re in the U.S. or you’re at the U.S. consulate abroad, you and your spouse will sit down with an immigration officer, not in every case, but in most cases, whose job it is to determine whether your marriage is genuine and legit. They want consistency.

They want some very specific answers to questions that my husband of 20 years would likely not be able to answer. You know, they’ll ask, how did you guys meet? But then, you know, they may say, what were you wearing on the day you met your spouse?

Or what’s your mother-in-law’s birthday? Or who cooks most of the meals? Or what time do you wake up?

Sometimes they separate you in different rooms. They put a light on you. No, they don’t do the light.

But sometimes they separate you and ask these questions. You know, do you have pets? Who takes them to the vet?

When was the last time you traveled together? They’re looking at the package that we prepared with your scrapbook of evidence, and they’re seeing what’s going on. You guys got to sit down and make your story consistent.

You just don’t wing this one. Like I said, it’s tough for men. What color is her toothbrush?

Anyway, they’re getting a general feel. So it’s okay to be nervous. The officers understand that.

But, you know, they’re really wanting you to prepare for this, like you would a job interview, about your marriage. When we file these cases, we always prep our clients for the marriage-based green card interview. We sit them down.

We simulate the questions. We ask uncomfortable questions. You know, it’s not memorizing things, but it’s just having knowledge of what your marriage consists of.

And we always tell our clients, you know, you don’t have to wear a dress and a three-piece suit, but go in there with business casual. It makes you look legit. Don’t wear your flip-flops.

Don’t bring your Tim Hortons coffee, please, Canadians. This is the U.S. government. Let’s look professional.

Let’s look like we care about getting your green card. And you must tell the truth. There are no jokes.

There’s no laughing. There’s no oops, ha, ha, ha in immigration law. Okay, so you pass the interview.

Phew, thank God. What happens next? The government or the U.S. consulate officer will say, okay, this has been approved, and we’ll order your green card. Great. The mail comes. You look at it.

How long is green card for?

Wait, it’s only good for two years? What? I did all that for two years?

Am I going to have to do it all over again? The answer is no. If you are married for less than two years and you file, they give you a conditional green card.

What does that mean, a conditional green card? It means exactly what it sounds. Your card is conditional that you stay married.

So does that mean, what does that mean? That means in two years, 90 days before your second anniversary, you need to file what’s called a petition to remove conditions, known in my world as an I-751. Again, you’ve got to show bona fides of your marriage.

You guys are living together, maybe you’ve had a child, maybe you’ve gone on a trip to Italy, maybe you’ve purchased a house, you would show your deed, the birth certificate of the kid. You’ve got to show that at the time of the marriage, it was entered in good faith, and you continue to be husband and wife. Once they lift the conditions, then you get a green card for 10 years.

Do you have to do this process all over again? No. That 10 years, the government wants you to get a new updated photo or fingerprints on your green card.

Generally, if you get your green card through marriage, the good news is after three years, you can become a US citizen. Not required, but certainly available. Here’s one thing before we end up this episode.

That affidavit of support where you’re saying, I am financially responsible for my spouse from the DR, it’s a legally enforceable contract between the US citizen and the US government. Divorce does not, I repeat, does not terminate the US citizen’s financial obligation. Whoa.

What terminates that financial obligation? Four options. The person you sponsored becomes a US citizen.

The person is credited with 40 quarters of work. There’s four quarters in a year, that’s 10 years of work. The person you sponsored dies, or the person says, I no longer want to be a green card holder and leaves the US permanently.

Listen guys, love and marriage, it’s a beautiful thing. I have so many clients that go abroad on vacation. They fall in love.

They want to get married. This is long, arduous, tough stuff. We do hundreds of these cases every year with a great deal of success.

Why? Because we do them all the time. We know what the government’s looking for.

Do not DIY this. This one, I’m not doing this. Obviously, I own a business.

This one, you do not want to make a mistake. This could set you back and your relationship years and years. Love and marriage.

We love it. You can get married for a green card. Unlike the movies, they just don’t hand it to you two weeks later.

Thank you for listening. We will bring you the latest, greatest immigration news in our next episode. This was Immigration Weekly with Rosanna Berardi.

Thanks for joining. Be sure to connect with me, Rosanna Berardi on LinkedIn, or go to our law firm at berardiimmigrationlaw.com. If you don’t want to miss the latest and greatest, be sure to subscribe to the podcast and share this with your friends.

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