Navigating the Green Card Journey for International Couples

Sometimes you get a those really organized clients. They call for a consultation months before they actually plan to hire you to do an application for them.

Sarah was not even yet engaged to Thomas, but she knew it was going in that direction. Thomas was from Belgium, and in the U.S. on an F-1 student visa. Sarah, a U.S. citizen, called to find out how to go about getting him a green card once they were married – and what they could do beforehand to prepare the strongest application.

As an immigration attorney with a focus on marriage and family-based immigration, I work with couples from different countries who are embarking on the journey of obtaining a green card for one spouse. This process can be daunting, and can be complicated by factors such as where the foreign spouse is currently living, whether he has some type of visa currently, and where the legal wedding takes place.

Not everyone is as organized as Sarah, so I’m here to tell you that there are steps you can take during the engagement period that can simplify and expedite the process of obtaining a green card. US Citizenship and Immigration Services (USCIS) sometimes replies to an application with an RFE – a Request for Evidence, in cases where they felt that the application was not strong enough to approve at first glance. You want to submit more than enough evidence that your marriage is legitimate, and not for the purposes of gaining immigration status, to avoid an RFE and a major delay in approval.

Here are some things that international couples can get started on before initiating the green card application process:

1. Get Professional Advice: The U.S. immigration system is absurdly complicated. Navigating the complexities of the immigration process can be challenging, and each couple’s situation is unique. You need legal advice that is tailored to YOU. YouTube may tell you what documents to gather, but if your fiancé has a prior immigration issue or is currently out of the country, you may be listening to advice that does not fit your situation.

2. Understand the Process: Before diving into the paperwork, make sure you have an understanding of the process of obtaining a green card through marriage. This typically involves Form I-130 (Petition for Alien Relative) along with supporting documents to establish the validity of the marriage. If the foreign spouse is currently on a valid visa in the U.S., you will likely also submit an Adjustment of Status application.

3. Gather Identity Documents: Make sure you have passports, any relevant visas, licenses, and birth certificates on hand. Requesting new copies from government agencies could add significant time to your application preparation time. Documents in a foreign language will need to be translated.

4. Evidence of Shared Residence: Living together as a married couple is a fundamental aspect of proving the authenticity of the relationship. Are you buying a house together? Renting an apartment? Put both of your names on the documents! In fact, the first step is to make sure you have a document at all – even if you are renting someone’s basement, get it in writing, so you have evidence that you are actually living together. Update your driver’s licenses with your new address.

5. Evidence of Joint Finances: Opening a joint bank account is not only a practical step for managing finances as a couple, but also serves as evidence of a bona fide marriage. Statements showing joint ownership will be included in the green card application. Couples should also consider adding each other as authorized users on their individual credit cards. This helps build a financial history together and strengthens your application.

6. Evidence of a Bona Fide Relationship: Aside from showing you live together and do your banking together, show you spend your time together! Save travel confirmations and receipts from trips and other activities. In an era when people photographically document the minutiae of their days, you probably don’t need a reminder to take pictures of yourselves enjoying life together, but that will come in handy as well.

While the engagement period involves an endless to-do list, if you are involved in an international marriage, it’s important to add immigration planning to yours. By carefully preparing for the green card application process, international couples can increase their chances of a smooth and successful immigration journey, allowing them to build a life together in the United States.  Congrats!