Congratulations on finding your life partner! Whether you met in person at a local café or connected online, Berardi Immigration Law is here to guide you through the process of bringing your loved one to the United States. Immigration procedures for spouses are complex and high-stakes, making them ill-suited for a do-it-yourself approach. Our experienced team can navigate the intricacies of the system on your behalf, helping you avoid costly mistakes and time-consuming delays. With Berardi Immigration Law, you can focus on building your life together while we handle the legal complexities of uniting you with your loved one in the U.S.
The United States immigration system is built on the cornerstone of family unity. This principle recognizes the importance of keeping families together and allows U.S. citizens and permanent residents to bring their loved ones to live and work in the country. One of the most common ways this manifests is through spousal sponsorship. A U.S. citizen or lawful permanent resident of the United States can sponsor their foreign national spouse for a green card. This is a two-step process that involves proving the bona fide nature of the relationship and then requesting that the government issue the physical green card. At Berardi Immigration Law, we understand the complexities of this process and are committed to guiding families through every step, ensuring they can build their lives together in the United States.
Process for Family-Based Green Cards
Step 1: Bona Fide Relationship
The first step of the green card process is proving to the U.S. government that your marriage is bona fide. To do this, the U.S. citizen or U.S. permanent resident spouse must file Form I-130, Petition for Alien Relative, with U.S. Citizenship & Immigration Services (USCIS) along with evidence demonstrating the legitimacy of your relationship. To prove that your relationship is bona fide, the government requires the following evidence:
- Evidence of U.S. citizenship or lawful permanent residence, such as a birth certificate, U.S. passport, naturalization or citizenship certificate, Consular Report of Birth Abroad (CRBA), or U.S. Permanent Resident Card (Aka Green Card).
- Evidence of a lawful marriage with foreign national spouse, including a copy of the marriage certificate and proof that both spouses have lawfully terminated any prior marriages.
- Evidence that the marriage is bona fide, such as documentation demonstrating joint ownership of property; a lease showing joint tenancy of a common residence; documentation showing that you and your spouse have combined your financial resources; birth certificates of children born to you and your spouse together; affidavits from family and friends with personal knowledge of the bona fide nature of your relationship; and any other relevant documentation to establish that there is an ongoing marital union. Berardi Immigration Law is very strategic about gathering this evidence for USCIS. We prepare it in a way that is easy to understand and we enjoy a high approval rating on these cases.
Step 2: Issuing the Green Card
Once USCIS has approved your I-130 application and determined that your relationship is bona fide, you must still formerly ask the government to create and issue your green card. There are two ways to do this:
- Adjustment of Status: An adjustment of status application is filed concurrently with Form I-130 and includes a request for work authorization and advance parole (permission to travel internationally). This option is only available if the foreign national spouse is lawfully present within the United States. Once the application is submitted, the foreign national spouse cannot leave the U.S. until his or her request for work authorization and advance parole has been approved.
- Immigrant Visa (Consular) Processing: Immigrant Visa Processing is initiated following approval of Form I-130 and involves submitting an application to the National Visa Center (NVC) and attending an in-person interview at the appropriate U.S. Embassy or Consulate abroad. After a successful interview, the foreign national spouse will receive an immigrant visa that is then used to enter the United States as a lawful permanent resident.
Both methods of filing have advantages and disadvantages, and a decision should be made based on the applicant’s location at the time of filing, future travel and work plans, and the couple’s preference for processing. Our attorneys are happy to discuss your circumstances and come up with a specific strategy that meets your individualized needs.
U.S. Sponsor’s Financial Obligation
To obtain a marriage-based green card, the foreign national spouse must show that he or she has adequate means of financial support and are not likely to become a public charge. To do this, a U.S. sponsor (typically the U.S. citizen or permanent resident spouse) is required to complete Form I-864, Affidavit of Support, and provide evidence that he or she has enough income and/or assets to maintain the foreign national spouse and the rest of your household at 125 percent of the Federal Poverty Guidelines. Form I-864 is an enforceable contract between the sponsor and the U.S. government, and, can result in a lawsuit against the sponsor to recover the cost of any benefits provided to the foreign national spouse.
If the U.S. citizen or permanent resident sponsor does not have enough income and/or assets to meet the government’s income requirements, a Joint Sponsor or Household Member may be used.
Validity of Green Card
Upon issuance of the green card, a foreign national spouse is permitted to live and work in the U.S. permanently. The actual green card, however, expires every ten (10) years and must be renewed by submitting Form I-90 to USCIS. This is similar to renewing a United States’ driver’s license. If your permanent residence is conditional (detailed below), your green card will only be valid for a period of two years.
Conditional Permanent Residence
A foreign national spouse will be granted conditional permanent residence if his or her marriage is less than two (2) years old on the day lawful permanent residence status is granted. In other words, if you have been married for less than two years when you obtain your green card, your permanent residence in the U.S. is conditional and a separate application to remove conditions must be filed with USCIS. Form I-751, Petition to Remove Conditions on Residence is submitted during the 90 days before your second anniversary as a conditional resident. Conditional permanent residency is the government’s “insurance policy” to make sure that the couple is still married and living together in a bona-fide relationship.
Obtaining U.S. Citizenship
If a green card is obtained through marriage, the beneficiary spouse may be eligible to apply for U.S. citizenship three years from the date of being granted permanent residency. You can find more information about obtaining citizenship in our US Citizenship section.
Berardi Immigration Law: Your Trusted Partner in Marriage-Based Green Card Applications
At Berardi Immigration Law, we understand the profound importance of uniting families. As your dedicated and trusted partners, our team of expert attorneys will guide you through every crucial step of the marriage-based green card process. We recognize the significance of this filing and approach each case with the utmost care and attention to detail.
Our comprehensive service includes:
- Meticulously drafting and submitting your application
- Diligently tracking your case as it progresses through the system
- Ensuring your green card is issued correctly and as swiftly as possible
- Providing unwavering support until you and your spouse are united as a family in the United States
We are committed to your case from start to finish, and our dedication doesn’t waver until your family is together on American soil. At Berardi Immigration Law, we look forward to partnering with you on this momentous journey towards family unification. Your dream of building a life together in the United States is our mission. Let’s make it a reality.