How to File for a Marriage-Based Green Card in Michigan

How to File for a Marriage-Based Green Card in Michigan

Filing for a marriage-based green card in Michigan involves several important steps and careful preparation of documents. This process allows a foreign national spouse to become a lawful permanent resident in the United States based on their marriage to a U.S. citizen or permanent resident.

Step 1: Determine Eligibility

Before filing, ensure that you meet the eligibility criteria for a marriage-based green card. The marriage must be legally valid and recognized in the state of Michigan. Additionally, the U.S. citizen or permanent resident spouse must be able to prove their ability to financially support the foreign spouse, as a public charge is not permitted.

Step 2: Complete the Necessary Forms

The primary forms needed for a marriage-based green card application include:

  • Form I-130: Petition for Alien Relative – This form establishes the relationship between the couple.
  • Form I-485: Application to Register Permanent Residence or Adjust Status – This form is submitted if the foreign spouse is already in the U.S. and wants to adjust their status.

It’s crucial to fill out all forms completely and accurately. Errors or omissions can lead to delays or denials.

Step 3: Gather Supporting Documents

Alongside the forms, several supporting documents must be submitted, including:

  • Proof of U.S. citizenship or permanent residency (such as a birth certificate or green card).
  • Marriage certificate.
  • Evidence of a bona fide marriage, such as joint bank accounts, shared property, photos together, and affidavits from friends and family.
  • Form I-864: Affidavit of Support, proving the U.S. spouse can financially support the foreign national.
  • Passport-style photos for both spouses.

All documents should be neatly organized and presented as specified in the filing instructions.

Step 4: Submit Your Application

Once the forms and the necessary documents are ready, the complete application package should be mailed to the appropriate USCIS address. Ensure that you keep photocopies of everything for your records.

Step 5: Attend the Biometrics Appointment

After submission, USCIS will schedule a biometric appointment, where the foreign spouse will provide fingerprints, photographs, and signatures. This information is used for background checks and identity verification.

Step 6: Attend the Interview

In most cases, couples will be required to attend an interview at their local USCIS office. During the interview, both spouses will be asked questions about their relationship to verify the authenticity of their marriage. It is advisable to prepare for this interview by reviewing your application and discussing your relationship story.

Step 7: Wait for the Decision

After the interview, you will receive a decision on your application. If approved, the foreign spouse will receive their green card in the mail. If further evidence is needed, USCIS will send a Request for Evidence (RFE), which must be responded to promptly.

Step 8: Receiving the Green Card

Once granted, the marriage-based green card will typically be valid for 10 years (if the marriage is more than two years old). If the marriage is less than two years old at the time of approval, a conditional green card will be issued, requiring the couple to file jointly to remove conditions within 90 days of the card's expiration.

Working with an immigration attorney is often beneficial to navigate this complex process smoothly. They can provide essential guidance, increase the chances of a successful application, and help avoid common pitfalls.

Filing for a marriage-based green card in Michigan may seem daunting, but with the right preparation, you can achieve a successful outcome and begin the next chapter of your life together.