If you’re seeking to live and work permanently in the United States as a result of your marriage, a green card through marriage is the pathway to obtaining lawful permanent resident status. In this ultimate guide, we’ll walk you through the entire process from start to finish, whether you’re married to a U.S. citizen or a lawful permanent resident. You’ll learn about the steps, costs, required documents, common pitfalls, and everything else you need to know to successfully get a green card through marriage.
We’ll also answer the most frequently asked questions related to the process, and offer tips for overcoming challenges, understanding conditional permanent resident status, and eventually applying for U.S. citizenship. This is a must-read for anyone navigating the complex U.S. immigration system.
What Is a Marriage-Based Green Card?
A marriage-based green card (also known as a marriage green card) is a type of immigrant visa that allows a foreign spouse to live and work in the U.S. as a permanent resident. This type of green card is available to spouses of both U.S. citizens and green card holders. Once granted, the foreign spouse will be considered a lawful permanent resident of the U.S. and will enjoy all the rights and privileges that come with this status, including the ability to work legally, travel in and out of the U.S. (with some restrictions), and eventually apply for U.S. citizenship.
The marriage green card process can vary depending on whether the sponsoring spouse is a U.S. citizen or a lawful permanent resident. Additionally, the process is slightly different for couples who are both living in the U.S. versus those where the foreign spouse is residing abroad. Understanding these variations is crucial to ensure a smooth application process.
Eligibility Requirements for a Marriage Green Card
To be eligible for a marriage green card, the following key conditions must be met:
- Legal Marriage: You and your spouse must be legally married. This means that your marriage must be recognized as valid in the country or jurisdiction where it took place. Civil unions or domestic partnerships do not qualify for a marriage green card. If either spouse has been previously married, you will need to provide documentation proving that the previous marriage was legally terminated.
- Bona Fide Marriage: The marriage must be genuine. This means that the marriage should not have been entered into solely for the purpose of obtaining immigration benefits. The couple must demonstrate that they married because they genuinely want to be with each other and share a life together. Evidence that helps prove a bona fide marriage includes:
- Joint bank account statements.
- A shared lease or mortgage.
- Photos together during holidays, events, or with family and friends.
- Travel itineraries for trips taken together.
- Affidavits from friends and family attesting to the authenticity of the marriage.
- USCIS (U.S. Citizenship and Immigration Services) officers take marriage fraud very seriously. If they suspect that the marriage was entered into solely to obtain a green card, the application may be denied, and both spouses may face legal consequences.
- Status of Sponsoring Spouse: The spouse who is sponsoring the green card must be either a U.S. citizen or a lawful permanent resident. If the sponsoring spouse is a U.S. citizen, the process is usually faster, as U.S. citizens have immediate relatives’ priority in the immigration process. If the sponsoring spouse is a lawful permanent resident (green card holder), the foreign spouse will need to wait for a visa number to become available in the appropriate category before proceeding.
- Legal Entry into the U.S. (If Applying from Within the U.S.): If the foreign spouse is applying for a green card from within the U.S. through a process called adjustment of status, they must have entered the U.S. legally, even if their visa or status has since expired. Proof of legal entry typically includes a copy of the passport photo page and a copy of the visa stamp or I-94 travel record. If the foreign spouse entered the U.S. without inspection, they may need to leave the U.S. and apply for a green card through consular processing abroad, unless they qualify for certain exceptions like Parole in Place (PIP).
Step-by-Step Guide to Getting a Green Card through Marriage
Step 1: Establish the Marriage Relationship with Form I-130
The first step in the process is for the U.S. citizen or lawful permanent resident spouse (the “petitioner”) to file Form I-130 (Petition for Alien Relative) with U.S. Citizenship and Immigration Services (USCIS). This form establishes the relationship between the petitioner and the foreign spouse (the “beneficiary”) and proves that the marriage is legitimate.
Critical Supporting Documents for Form I-130:
- Marriage Certificate: This document is required to prove that you are legally married.
- Proof of Sponsoring Spouse’s Citizenship or Lawful Permanent Resident Status: For U.S. citizens, this can include a copy of the naturalization certificate, birth certificate, or passport photo page. For green card holders, a copy of the green card is needed.
- Evidence of Bona Fide Marriage: Examples include joint bank account statements, photos, lease or mortgage agreements, insurance policies with both spouses as beneficiaries, and sworn affidavits from family or friends attesting to the marriage.
- Proof of Termination of Previous Marriages (if applicable): This could be a divorce decree or death certificate.
Once the Form I-130 is submitted, USCIS will send a receipt notice (Form I-797) to confirm that they have received the application. If additional information or documentation is required, USCIS will issue a Request for Evidence (RFE). The processing time for Form I-130 is typically 9-13 months, but this can vary depending on USCIS’s workload and other factors.
Need help with your Form I-130? Contact an experienced immigration lawyer to make sure your application is complete and accurate.
Step 2: Apply for a Green Card
Once the Form I-130 is approved, the next step is for the foreign spouse to apply for the green card. The application process varies depending on whether the foreign spouse is already in the U.S. or living abroad:
For Applicants Living in the U.S. (Adjustment of Status)
If the foreign spouse is physically present in the U.S., they can apply for adjustment of status by filing Form I-485 (Application to Register Permanent Residence or Adjust Status). This form allows the foreign spouse to adjust their status from a nonimmigrant to a lawful permanent resident without leaving the U.S.
Key elements of the Form I-485 package include:
- Form I-485.
- Proof of nationality of the foreign spouse (e.g., birth certificate, passport photo page).
- Proof of legal entry to the U.S. (e.g., I-94 travel record).
- Medical examination results (Form I-693), performed by a USCIS-approved doctor.
- Affidavit of Support (Form I-864), showing the sponsoring spouse’s ability to financially support the foreign spouse.
For Applicants Living Abroad (Consular Processing)
If the foreign spouse is living outside the U.S., they must apply for the green card through consular processing by submitting Form DS-260 (Immigrant Visa Application). This process is managed through the National Visa Center (NVC) and involves scheduling a visa interview at the U.S. embassy or consulate in the foreign spouse’s home country.
The NVC will request certain documents, including:
- Birth Certificate of the foreign spouse.
- Marriage Certificate.
- Proof of the sponsoring spouse’s ability to support the foreign spouse financially (Form I-864 and supporting financial documents like tax returns and pay stubs).
- Police clearance certificate for the foreign spouse.
After submitting the required documents, the NVC will forward the case to the appropriate U.S. embassy or consulate for an interview.
Not sure if adjustment of status or consular processing is right for you? Consult with a knowledgeable immigration lawyer today to discuss your options.
Step 3: Attend the Green Card Interview
The final step in the marriage green card process is the green card interview. The purpose of this interview is for the immigration officer to determine if the marriage is legitimate and if the foreign spouse meets all the eligibility requirements for a green card.
- For Applicants in the U.S.: The interview will take place at a local USCIS office. Both the sponsoring spouse and the foreign spouse must attend the interview.
- For Applicants Abroad: The interview will take place at the U.S. embassy or consulate in the foreign spouse’s home country. In this case, only the foreign spouse needs to attend the interview.
Green Card Interview Topics:
- How you met.
- Details about your relationship (e.g., where you went on dates, when you decided to get married).
- Daily routines, future plans, and living arrangements.
The immigration officer may also ask for additional evidence of a bona fide marriage, such as more photos, additional joint bank account statements, or proof of joint property ownership.
Once the immigration officer is convinced that the marriage is genuine, they will approve the green card application. If you are in the U.S., you will receive your physical green card in the mail within 2-3 weeks. If you are abroad, you will receive a visa stamp in your passport, allowing you to enter the U.S. as a permanent resident. Upon arrival in the U.S., the green card will be mailed to your U.S. address within 2-3 weeks.
Conditional vs. Permanent Green Card: What’s the Difference?
If you have been married for less than two years at the time of your green card approval, you will receive a conditional green card. This type of green card is valid for only two years. Before it expires, you and your spouse must jointly file Form I-751, Petition to Remove Conditions on Residence, to prove that the marriage is still valid and that it wasn’t entered into for immigration purposes. You must file this form during the 90-day period before your conditional green card expires.
Once the conditions are removed, you will receive a permanent green card, which is valid for 10 years. If you have been married for more than two years at the time of your green card approval, you will receive the permanent green card directly.
U.S. Citizenship for Green Card Holders through Marriage
After holding a marriage green card for three years, a lawful permanent resident spouse can apply for U.S. citizenship through the process of naturalization. This is faster than the usual five-year requirement for other green card holders.
To qualify for naturalization based on marriage, the following conditions must be met:
- You must have been living in the U.S. as a permanent resident for at least three years.
- You must have been living with your U.S. citizen spouse during that time.
- You must demonstrate good moral character and meet other standard naturalization requirements.
The application for U.S. citizenship is done using Form N-400, Application for Naturalization. Once approved, the foreign spouse will take the oath of allegiance and officially become a U.S. citizen.
Common Challenges in the Marriage Green Card Process
Applying for a green card through marriage is a detailed and often complex process. Below are some of the most common challenges applicants face, and how to overcome them:
1. Proving a Bona Fide Marriage
As mentioned earlier, proving that your marriage is genuine is critical. USCIS will want to see extensive evidence of your relationship, especially if you haven’t been married long. Examples of documentation that can help include:
- Joint Bank Account Statements: Show that both names are on the account and that both spouses contribute to it.
- Joint Lease or Mortgage: Prove that you are living together and sharing household responsibilities.
- Family Photos and Travel Itineraries: Demonstrating shared activities with family and friends can reinforce the authenticity of your relationship.
- Social Media: If you regularly post about your spouse on social media, consider including screenshots of posts as evidence.
Need assistance gathering evidence of your bona fide marriage? An immigration lawyer can guide you through the process.
2. Visa Availability for Green Card Holders’ Spouses
If you’re married to a green card holder, you may face a longer waiting period than if you’re married to a U.S. citizen. This is because there are annual caps on the number of immigrant visas available for spouses of lawful permanent residents. Currently, the wait time is approximately 18 months, but it can vary depending on the foreign spouse’s home country and other factors.
If your sponsoring spouse becomes a U.S. citizen during the waiting period, your application may be expedited. In some cases, you may be able to upgrade your petition from the family-based preference category for lawful permanent resident spouses to the immediate relatives category for U.S. citizen spouses, which doesn’t have visa caps.
3. Delays Due to Missing or Incorrect Information
One of the most common reasons for delays in the green card process is missing or incorrect information on the application forms. USCIS is strict about the accuracy and completeness of forms, and even small mistakes can result in an RFE or significant delays. To avoid these issues, double-check all the information before submitting your forms and ensure that all necessary supporting documents are included.
If you receive an RFE, respond promptly and thoroughly. Failing to respond to an RFE in a timely manner can lead to your application being denied.
Required Supporting Documents for a Marriage Green Card Application
To successfully apply for a marriage green card
- Marriage Certificate: This document proves that you are legally married. Make sure to obtain a certified copy from the jurisdiction where the marriage took place.
- Proof of U.S. Citizenship or Lawful Permanent Resident Status: This includes a birth certificate, naturalization certificate, U.S. passport photo page, or green card.
- Birth Certificates: Both spouses will need to submit their birth certificates.
- Proof of Bona Fide Marriage: This can include joint bank account statements, joint lease agreements, family photos, and affidavits from friends and family.
- Passport Photos: You will typically need to submit two passport photos of each spouse.
- Divorce Decrees (if applicable): If either spouse was previously married, you will need to submit proof that the prior marriage was legally terminated.
- Proof of Legal Entry (for adjustment of status applicants): This includes the I-94 travel record or visa stamp from the foreign spouse’s passport.
Providing complete and accurate supporting documents will help prevent delays and ensure that your application is processed as smoothly as possible.
For help compiling your supporting documents, consult with an immigration attorney who specializes in green card applications.
Frequently Asked Questions (FAQs)
How long does it take to get a green card through marriage?
The processing time for a marriage-based green card varies. On average, it takes 9-13 months for spouses of U.S. citizens. For spouses of lawful permanent residents, the wait can be longer due to visa number availability.Can I work while my green card application is pending?
Yes. If you need to work while waiting for your green card to be approved, you can apply for work authorization by filing Form I-765 (Application for Employment Authorization). Once approved, you will receive an Employment Authorization Document (EAD) that allows you to work legally in the U.S.Can I travel outside the U.S. while my green card application is pending?
Yes, but you must apply for advance parole by filing Form I-131 (Application for Travel Document) before leaving the U.S. If you leave the U.S. without this document, your application may be considered abandoned, and you will need to start the process over.Is it necessary to hire an immigration lawyer to apply for a marriage green card?
While it is not required to hire a lawyer, many couples find it helpful to work with an immigration attorney to avoid common mistakes, ensure that all forms are completed correctly, and gather sufficient evidence of a bona fide marriage.What happens if my marriage ends before my green card is approved?
If your marriage ends before your green card is approved, you may no longer be eligible for the green card. However, if you can prove that the marriage was entered into in good faith and not for immigration purposes, you may be able to apply for a waiver and continue the application process.Can I apply for U.S. citizenship after receiving my marriage green card?
Yes. After holding a marriage green card for three years, you may be eligible to apply for U.S. citizenship through naturalization. You must meet residency and good moral character requirements and be living with your U.S. citizen spouse during this time.What is the difference between a conditional green card and a permanent green card?
A conditional green card is issued for two years if you’ve been married for less than two years when the green card is approved. After two years, you must apply to remove the conditions and receive a permanent green card. A permanent green card is valid for 10 years and is issued if you’ve been married for more than two years when the green card is approved.What are the common reasons for a marriage green card application to be denied?
Common reasons for denial include lack of evidence of a bona fide marriage, incomplete forms, criminal history, and issues with immigration status (such as overstaying a visa). USCIS may also deny the application if they suspect the marriage was entered into for immigration purposes.
Conclusion
Applying for a green card through marriage can be a lengthy and sometimes complicated process, but with the right preparation, it’s achievable. This guide has walked you through the steps, from filing Form I-130 to attending the green card interview. Whether you’re married to a U.S. citizen or a lawful permanent resident, knowing what to expect at each stage is crucial for a smooth application.
Always ensure that your forms are accurate, complete, and that you provide sufficient documentation to prove the authenticity of your marriage. By doing so, you can avoid delays and increase your chances of receiving your green card.
If you have any doubts or need help navigating the process, seeking assistance from an experienced immigration attorney can provide valuable peace of mind. With the proper guidance, you’ll soon be on your way to enjoying life as a lawful permanent resident in the United States.