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Green Card Residency Through Marriage – Key Factors

September 12th, 2024

Key Factors for the Success of a Marriage Green Card/Residency Application

Obtaining residency through marriage to a US citizen has its advantages but it is also one of the petitions that is most scrutinized by USCIS and therefore careful attention must be given to its preparation and documentation.

There are 4 major factors that are generally critical for the success of a marriage as much as for the success of marriage petition under evaluation by the USCIS. It is therefore important that you take these into consideration before making the decision to file for a marriage green card through your spouse.

1. 1. The first factor is the Economic Situation of the couple—This the most important element for the success of a marriage which means it is also the most important factor for a marriage based residency case. Marriages that encounter economic difficulties have an exceedingly high failure rate so you want to make sure that you and your spouse are adequately employed before applying for US residency.

 

1. 1. The second factor is Age—Generally, most successful marriages are among those people with similar ages. If a marriage is not within a reasonable age range, this can generally raise questions for the USCIS as to the validity of the marriage.

 

1. 1. The third factor is the Marital and Family Circumstances—The number of marriages the individuals have had, as well as the number of children they have and the ages of these children is something that the USCIS will use to evaluate the validity of the marriage.It can be challenging when people who have children enter into a relationship, and therefore the USCIS will evaluate whether the couple is well suited to meet these challenges. Similarly, the USCIS will carefully evaluate the reasoning for getting married again, for people that have had prior marriages.

 

1. The fourth factor is Language and Culture—The USCIS pays close attention to the cultural compatibility of the married couple as well as the language of the spouses. If for example, the couple does not speak a common language, the USCIS will find it difficult to understand how this marriage relationship can work and doubt the validity of the marriage.

For more information about marriage based green cards and the documentation required, please visit this page.

If you are in the Massachusetts or New England area and want assistance preparing your marriage residency petition, from one of our experienced Boston immigration lawyers, please contact our office to make an appointment at: (617) 303-2600.