Mistakes to Avoid When Applying for a Green Card Through Marriage
Shawn Sedaghat, Esq.
Hey there! Ready to make sure your green card through marriage application is smooth sailing? Awesome!
Let’s talk about how to avoid the most common mistakes that can throw a wrench in the process.
Think of this article as your guide, here to help you go through this important journey so you can avoid any mistakes in green card marriage application.
So, grab a snack, sit back, and let’s dive into it!
1. Forgetting to Include All Required Supporting Documents
Alright, first up—this is a biggie. One of the most common mistakes people make with a green card marriage application is leaving out important supporting documents.
Just filling out the forms isn’t enough; you’ve got to back it all up with the right paperwork.
Missing even one document can lead to delays or a Request for Evidence (RFE) by the United States Citizenship and Immigration Services (USCIS) —and trust me, that’s not a fun letter to receive!
What You Need to Include
Here’s the deal: make sure you’ve got all your supporting documentation lined up. This includes:
- Marriage certificate: Obviously, you need proof that you’re legally married! This is a no-brainer, but people forget it more often than you’d think.
- Birth certificates: Both you and your spouse need to provide your birth certificates. Double-check that they’re the originals or certified copies.
- Passports: You’ll need copies of your passport pages, especially the ones showing your visa or entry stamps.
- Divorce decrees (if applicable): If either of you were married before, you’ll need to prove that marriage is legally over.
- Photos and evidence of your relationship: Think of it as a scrapbook for immigration! Include pictures from your wedding, trips you’ve taken together, and any other memories that show your relationship is genuine.
Pro Tip:
Stay super organized! Create a checklist and make sure you’ve included every single document they ask for. If you miss something, the United States Citizenship and Immigration Services (USCIS) will ask for it later, and that will just slow things down.
2. Filling Out Forms Incorrectly
This mistake is more common than you’d believe! Even a tiny mistake—like getting a date wrong—can raise a red flag for immigration officials and might impact your chances of becoming a green card holder. And no one wants to get stuck fixing avoidable errors. Filling out forms like the I-130 and I-485 can feel overwhelming, but careful attention to detail will save you a ton of hassle.
What Can Go Wrong?
- Wrong dates: Did you get the date of your wedding right? How about your spouse’s birth certificate? Double-check those details!
- Previous marriages: If either of you was married before, make sure you’ve noted it clearly and included all relevant documents. Leaving out your divorce information can raise big red flags for immigration services.
- Addresses: Have you lived in a lot of different places? Make sure the addresses on your forms match your timeline, especially if they ask about where you and your spouse have lived.
Pro Tip:
When in doubt, review, review, review! It never hurts to have someone else go over your forms with you. Better yet, you can consult an experienced immigration attorney to make sure everything is spot on.
3. Failing to Prove It’s a “Valid Marriage”
The heart of your marriage-based green card application is proving you have a valid marriage. Immigration officials want to know that your marriage isn’t just for the green card and the purpose of just being a marriage green card holder. So, you’ll need to show your relationship is genuine—and that means offering plenty of evidence for your green card approval!
How to Prove Your Marriage Is Real
- Joint financial documents: Do you have a shared bank account? What about shared property or investments? These are solid pieces of evidence that show you’re a team.
- Photos and travel records: Include pictures of you and your spouse spending time together, especially with family and friends. If you’ve traveled together, include things like plane tickets or hotel receipts.
- Affidavits from family and friends: Letters from loved ones can go a long way in proving your marriage is authentic. Ask them to write about their experiences with you as a couple.
Pro Tip:
Don’t overthink it! Just share real details about your life together. You’re not trying to convince them you’re perfect—just that your relationship is real.
4. Ignoring the Importance of the Interview
Now, let’s talk about the marriage green card interview. Once you’ve submitted your application, you’ll likely be called in for an interview with a USCIS officer. This can feel a little nerve-wracking, but don’t worry—I’ve got you covered!
What to Expect in the Interview
You’ll be asked questions about your relationship, your daily life, and your future plans together. The officer might ask about:
- How you met
- Your wedding day
- Where you’ve lived together
- What your typical day looks like
The key here is to be honest and relaxed. This isn’t a test—it’s just a way for them to confirm what’s already in your application. So, take a deep breath, and go in there ready to chat about your life together!
Pro Tip:
Practice makes perfect! You and your spouse can run through some common marriage based green card interview questions beforehand to make sure you’re on the same page. And if you feel nervous, you can always consult an experienced immigration lawyer to guide you through the process.
5. Failing to Update Visa Status
If you’re in the U.S. on a tourist visa or any other temporary visa, make sure you keep USCIS updated on your visa status. This includes things like applying for an employment authorization document (EAD) if you plan to work while waiting for your green card.
Why It’s Important
Your visa status affects how USCIS processes your green card application. For example, if your visa expires or you’re here illegally, that could cause big problems for your adjustment of status application. Your adjustment of status application is the next step for your green card journey. Always stay on top of deadlines and requirements to avoid complications.
Pro Tip:
If you’re unsure about your visa or status, consult an immigration lawyer! They can help you figure out what steps you need to take to stay on track.
6. Skipping Over Criminal History
If you have any sort of criminal record, it’s super important to disclose it right away. Trying to hide it won’t do you any favors. USCIS will run background checks, and any inconsistencies can seriously harm your chances of getting approved.
What to Do
Even if your record is minor, include it. Be transparent, and if needed, consult an experienced immigration attorney to make sure you’re handling everything correctly. They can help you navigate how a criminal record might impact your case.
7. Assuming the Process Ends with the Application
Once you’ve submitted your marriage green card application, you’re not done just yet! You’ll still need to attend your interview, provide biometrics, and respond to any Requests for Evidence (RFEs) that USCIS might send. It’s a step-by-step process, so patience is key!
What Happens Next?
Here’s a quick timeline of what to expect:
- Biometrics appointment: You’ll get a letter for a fingerprinting appointment. Don’t miss it!
- Green card interview: This is the big one. As I mentioned earlier, it’s your chance to show that your relationship is legit.
- Approval (hopefully!): If all goes well, you’ll get that shiny new green card in the mail!
Pro Tip:
If you ever feel lost or confused during this process, don’t hesitate to consult an immigration attorney. They can guide you through each step of the marriage based green card application process, ensuring you don’t miss anything important.
8. Trying to Do It All Alone
Finally, one of the biggest mistakes people make is trying to handle the entire process without any help. While it’s totally possible to apply on your own, having an immigration lawyer by your side can make everything so much easier.
Why You Should Consider Legal Help
Immigration law can be tricky, and there are a lot of little details that can easily get missed. A good immigration lawyer can help you with everything from filling out forms to preparing for your interview. Plus, if you hit any roadblocks, they’ll know how to handle them.
Conclusion
Applying for a marriage-based green card doesn’t have to be stressful, but it does take careful planning. By avoiding these common mistakes, staying organized, and seeking help when needed, you’ll be on your way to success! Remember, don’t hesitate to consult an experienced immigration lawyer if you ever feel unsure.
Green Card FAQs
Can I apply for a green card if my tourist visa is about to expire?
Yes, but it’s important to update your visa status and seek guidance from an immigration attorney to avoid any complications for your green card application.What happens if I forget to include a document in my application?
USCIS may send a Request for Evidence (RFE) asking for additional documents for your green card application. This can delay the process, so it’s best to double-check everything before submitting.How long does the green card process take?
On average, it can take anywhere from 10 months to two years, depending on your case and how quickly USCIS processes your application.Can I work while my green card is being processed?
Yes, but you’ll need to apply for an employment authorization document (EAD) to legally work during the process.What should I bring to my green card interview?
Bring your original documents, including your marriage certificate, birth certificates, passports, and any other evidence proving your relationship is genuine.