South Carolina Immigration Law: The Process for Obtaining a Green Card Through Marriage

South Carolina immigration law allows foreign nationals to obtain a Green Card through marriage to a U.S. citizen or a lawful permanent resident. This process can be complex, so it is essential to understand the steps involved and the legal requirements under U.S. immigration law.

To start, it is important to verify that the marriage is legitimate and not solely for immigration purposes. U.S. Citizenship and Immigration Services (USCIS) assesses marriage authenticity through interviews and documentation. Both spouses must present evidence of their relationship, such as joint bank accounts, shared property, or photographs together.

The first step in obtaining a Green Card through marriage involves filing the appropriate petitions. The U.S. citizen or lawful permanent resident spouse must file Form I-130, Petition for Alien Relative, on behalf of the foreign national spouse. This form establishes the legitimacy of the relationship and demonstrates the U.S. citizen’s or lawful resident’s status in the country.

After submitting the I-130 petition, the next step is for the foreign spouse to file Form I-485, Application to Register Permanent Residence or Adjust Status. This step can only occur after the I-130 petition is approved and, in some cases, may be filed concurrently with the I-130 if the foreign spouse is already in the U.S. on a valid visa.

Along with the I-485 application, the foreign spouse must submit several supporting documents, including proof of marriage, birth certificates, and photographs. Additionally, the couple needs to complete Form I-864, Affidavit of Support, ensuring that the U.S. citizen spouse can financially support the foreign national and that they will not require government assistance.

Once the petitions and applications are submitted, the next phase involves attending an interview with USCIS. Both spouses will be interviewed to verify the authenticity of their marriage. It is vital to arrive prepared and present evidence of joint life together. This stage is critical; any discrepancies in the information provided can lead to delays or denials.

If the application is approved, the foreign national will be granted conditional residency, which lasts for two years. This conditional status requires filing Form I-751, Petition to Remove Conditions on Residence, within 90 days prior to the expiration of the two-year period. This step is essential to secure permanent residency status, and the couple must again prove that they are still in a legitimate marriage.

For those seeking to understand South Carolina immigration law further, consulting with an immigration attorney can provide personalized guidance and assistance throughout the process. Immigration laws can change, and having expert advice ensures that applicants stay compliant with current regulations.

In conclusion, the process for obtaining a Green Card through marriage in South Carolina involves a series of crucial steps, from filing necessary forms to attending interviews. With proper preparation and understanding of the requirements, couples can navigate this journey toward permanent residency effectively.