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Marriage-Based Green Card: Your Top Questions Answered

Embarking on the journey of applying for permanent residence based on marriage can be intricate and often raises numerous questions. At Top green Card, we recognize the complexity of this process and are committed to providing a user-friendly guide to assist you. Our platform aims to simplify the application process and address some of the common concerns individuals may have.



1) Can I visit my partner in the US while waiting for a marriage green card? (I live abroad.)

Distinguishing between a fiancé visa and a marriage-based green card is crucial. The fiancé visa (K visa) allows entry for marriage, with a petition from the U.S. citizen partner. If your partner is a permanent resident, the green card process may take longer.


For a Marriage-based Green Card through consular processing, a valid nonimmigrant visa is needed for travel during the waiting period. However, traveling presents risks, including convincing immigration officers of your temporary visit, potential visa denial due to suspicion of immigration intent, and the possibility of jeopardizing your green card application by traveling during the pending process.


2) How can I determine my eligibility for a Marriage-based Green Card?

Securing legal and valid status in the U.S. is the initial step for those contemplating marriage-based green card applications within the country. If the individual is not currently in the U.S., they can explore the consular processing alternative.



For those entering the U.S. under a tourist visa and subsequently marrying a U.S. citizen, eligibility for a green card hinges on the genuine intention of the marriage. Lying about intentions upon entry can lead to serious consequences. Options include filing for a fiancé visa or exploring the consular process. Also remember that overstaying your visa has implications based on the duration of the overstay.


3) What is the financial criterion for demonstrating family income in my Green Card through Marriage application?

Demonstrating income at least 125 percent of the federal poverty guidelines is a key criterion. Our platform offers additional insights, and we encourage you to explore USCIS pages related to Form I-864 and Form I-864P for detailed information.



4) Can I work while my Marriage Green Card application is pending?

While awaiting a green card, employment is possible with a current work permit under your existing visa/status. Our platform guides you on requesting work authorization during the permanent residence application process, clarifying that employment is only permitted upon receiving the green card or work authorization.


5) If granted a Marriage-based Green Card, do I need to surrender my passport from my country of origin?

As a permanent resident, there is no requirement to surrender your passport. Your citizenship remains unchanged, and you may apply for U.S. citizenship after three years of marriage to a U.S. citizen. Initially, green cards granted through marriage are often conditional, necessitating the filing of Form I-751 after two years to remove conditions and obtain a permanent green card.


6) Can I travel abroad while waiting for my Marriage Green Card approval?

Traveling after marrying a U.S. citizen or green card holder can be intricate, particularly for individuals in F, J, or tourist status. Leaving the US without one while your green card application is pending risks abandonment of your application, leading to denial. You can potentially travel abroad, but only with an approved travel permit. Our platform offers guidance on applying for a travel permit while you're waiting for your green card approval.


The journey to permanent residence based on marriage is multifaceted, and our platform is here to offer guidance. Our goal is to simplify the application process and address common questions. Explore our platform to make informed decisions and embark on a smoother path to obtaining your marriage-based green card.

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