Wisconsin Immigration Law: How to Secure a Marriage-Based Green Card
Wisconsin’s immigration laws allow eligible foreign spouses to obtain a marriage-based green card, granting them lawful permanent residency in the United States. Securing this vital document can be streamlined by understanding the necessary steps and requirements involved in the process.
Understanding Marriage-Based Green Cards
A marriage-based green card is specifically designed for foreign nationals who are married to U.S. citizens or lawful permanent residents. This type of green card is intended to unify families and support the stay of spouses in the U.S. Long-term in nature, it not only provides residency but also grants various rights similar to those of U.S. citizens.
Eligibility Requirements
To qualify for a marriage-based green card in Wisconsin, applicants must meet several criteria:
- Valid Marriage: The couple must be legally married, and the marriage must be recognized by the state of Wisconsin.
- Good Faith Marriage: The marriage must be genuine and not solely for immigration benefits.
- U.S. Citizen or Permanent Resident Spouse: The sponsoring spouse must be a U.S. citizen or a lawful resident.
The Application Process
The process to secure a marriage-based green card involves several key steps:
1. File Form I-130
The first step is for the U.S. citizen or lawful permanent resident spouse to file Form I-130, Petition for Alien Relative. This form establishes the relationship between the couple and seeks to confirm the foreign spouse's eligibility for immigration.
2. Wait for Approval
After filing Form I-130, the U.S. Citizenship and Immigration Services (USCIS) reviews the application. If approved, the case moves to the National Visa Center (NVC) if the foreign spouse is outside the U.S., or the next steps are taken if the couple is together in the U.S.
3. File Form I-485 (if applicable)
If the foreign spouse is inside the U.S., they may file Form I-485, Application to Register Permanent Residence or Adjust Status. This form allows them to adjust their status to that of a permanent resident.
4. Attend the Interview
Both spouses must attend an interview with USCIS as part of the application process. During this interview, they will be asked questions to verify the authenticity of their marriage. Providing documentation such as joint finances, photographs, and shared responsibilities can be helpful.
5. Receive the Green Card
If approved, the foreign spouse will be issued a marriage-based green card. For marriages less than two years old at the time of approval, the green card will be conditional and valid for two years. Couples must file Form I-751 to remove the conditions within the 90 days before the green card expires.
Tips for a Successful Application
To enhance the chances of a successful application, consider the following tips:
- Gather Documents: Compile all necessary documentation, including marriage certificates, financial records, and evidence of shared life.
- Be Honest: Ensure all information provided is truthful and comprehensive; discrepancies can lead to denial.
- Seek Legal Assistance: Consider hiring an immigration attorney experienced in Wisconsin’s immigration laws to guide you through the process.
Conclusion
Securing a marriage-based green card in Wisconsin involves navigating through important legal requirements and documentation processes. By understanding the steps involved and gathering the necessary information, couples can increase their chances of success in uniting and living together permanently in the U.S.