If you're married to a U.S. citizen or a green card holder and are considering applying for a [marriage-based green card](/immigration-resources/marriage-based-green-card-guide), this article is for you. We aim to provide detailed information about the [requirements and process](https://www.uscis.gov/green-card/green-card-eligibility/green-card-for-immediate-relatives-of-us-citizen^) for obtaining a marriage-based green card in the United States. This guide can also be useful for [immigration lawyers](https://www.uscis.gov/scams-fraud-and-misconduct/avoid-scams/find-legal-services^), policy makers, and others interested in [U.S. immigration law](https://www.uscis.gov/laws-and-policy^) and policy.

Navigating the immigration process can be complex and challenging. However, understanding the requirements and steps involved can make the process more manageable. Let's dive in and explore what you need to know about obtaining a marriage-based green card in the United States.

A marriage-based green card allows the spouse of a U.S. citizen or a green card holder to live and work anywhere in the United States. A green card holder can also apply for U.S. citizenship after three or five years.

To qualify for a marriage-based green card, your marriage must be legally valid and based on a genuine relationship. This means that the marriage was not entered into for the sole purpose of gaining immigration benefits. 

It's important to note that U.S. immigration law treats same-sex marriages the same as opposite-sex marriages. As long as the marriage is legally valid in the place where it was performed, it can serve as the basis for a marriage-based green card application. 

On the other hand, [polygamous marriages](/immigration-resources/marriage-based-green-card-guide) are not recognized by U.S. immigration law. Even if such a marriage is legal in your home country, it will not be considered valid for the purpose of a green card application.

In the next section, we will delve into the [specific requirements](/immigration-resources/immigration-vaccination-requirements) for obtaining a marriage-based green card.

Requirements for a Marriage-Based Green Card

When applying for a marriage-based green card, both the [sponsoring spouse](/immigration-resources/form-i134-k1-joint-sponsor-application) (the U.S. citizen or green card holder) and the [beneficiary](/immigration-resources/benefits-responsibilities-us-citizenship) (the foreign spouse) must meet certain requirements.

There are certain circumstances under which a U.S. citizen or green card holder may be barred from sponsoring their spouse for a green card. These include recent remarriage, offenses against children, or posing a risk to the beneficiary.

The beneficiary, or the foreign spouse, is generally eligible to receive a green card once they are lawfully married to a U.S. citizen or green card holder. However, there are several reasons why a green card application might be denied, including:

In the next section, we will walk you through the process of obtaining a marriage-based green card.

Eligibility and Denial of a Marriage-Based Green Card

While being married to a U.S. citizen or green card holder is a significant step towards obtaining a green card, it's important to understand that not all applications are approved. Certain factors can influence the eligibility of the beneficiary (the foreign spouse) and may lead to the denial of the application.

The beneficiary is generally eligible to receive a green card once they are lawfully married to a U.S. citizen or green card holder. This means that the marriage must be recognized by the law of the country where it occurred and the couple must be living together in marital union.

There are several reasons why a green card application might be denied. These include:

Understanding these potential pitfalls can help you better prepare your application and increase your chances of success. In the next section, we will guide you through the process of obtaining a marriage-based green card.

The Process of Obtaining a Marriage-Based Green Card

Once you understand the requirements and potential reasons for denial, it's time to start the application process. Here is a step-by-step guide to help you navigate this journey:

Remember, every case is unique, and the process may vary slightly depending on your specific circumstances. It's always a good idea to consult with an [immigration attorney](/immigration-resources/immigration-parole-guide) if you have any questions or concerns.

In the next and final section, we will wrap up with some [concluding thoughts](https://www.uscis.gov/green-card/after-we-grant-your-green-card/conditional-permanent-residence/removing-conditions-on-permanent-residence-based-on-marriage^) on the marriage-based green card process.

Applying for a marriage-based green card can be a complex process, but understanding the requirements and steps involved can make it more manageable. We've discussed the legal validity of your marriage, the requirements for both the sponsoring spouse and the beneficiary, potential reasons for denial, and the steps involved in the application process.

Remember, every case is unique, and the process may vary slightly depending on your specific circumstances. It's always a good idea to consult with an immigration attorney if you have any questions or concerns. They can provide guidance tailored to your situation and help you navigate any potential challenges that may arise.

Finally, while the process may seem daunting, it's important to remember the end goal: the opportunity to live and work in the United States with your spouse. With patience, diligence, and the right information, you can navigate the marriage-based green card process successfully. Good luck on your journey!

Married to a U.S. citizen or green card holder and want to live and work in the U.S.? This guide explains the marriage-based green card process, legal requirements, and application steps. Each case is unique, so consider consulting an immigration attorney for personalized advice.

U.S. Marriage-Based Green Card Process: A Comprehensive Guide

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My-Visa-USA provides a personalized, affordable, and efficient US Visa consulting and application service. Apply for various types of US visas, including tourism, business, immigration, study, and humanitarian in your native language. Maximize your chance of success with our expert review and guidance throughout the process. Start your US Visa journey today with My-Visa-USA!

My-Visa-USA is not affiliated with any United States government agency and does not represent any government entity, embassies, or consulates. Our services include advice and assistance throughout the visa application, immigration, or citizenship process. However, the final decision on the visa application is made by the Consular Officer of the United States Embassy or Consulate.

Our company specializes in consultancy for obtaining US visas. We provide support services and handle the paperwork on your behalf. In addition, we have experts dedicated to each step of the process to increase your chances of approval for the US visa.

No, although we have the experience of several immigration lawyers with whom we work, we do not offer legal services. We only provide you with digital tools and proven expertise to increase your chances of acquiring the US visa. If you need legal advice, we can put you in touch with one of our associated lawyers.

The duration depends on several factors, including the capacity of the United States Embassy or Consulate in your country.

The fee required by the United States government is paid whether the visa is accepted or not, and it is non-refundable. Our advice aims to increase the likelihood of your visa being approved.

If there is not enough time for you to be granted a visa, or if you prefer not to apply for one, it is preferable that your company changes the route and chooses one that does not go through the United States.

The possibility of obtaining a visa more quickly depends on: 1. The need to travel due to the death of an immediate relative or serious illness, 2. You or a minor child requiring urgent medical treatment, 3. Attending an urgent business meeting, 4. Making an unexpected visit for various reasons. To learn about other cases in which you may be able to travel more quickly, start the visa application process, or request more information, do not hesitate to contact us.

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