Marriage-Based Green Card

If you are a U.S. citizen and you are married to a foreign-born spouse, you may be able to help your foreign-born spouse obtain a green card. A green card, also known as a permanent resident card, is a document that allows a person to live and work in the United States indefinitely.

There are several steps involved in the process to apply for a marriage-based green card. The first step to apply for a marriage-based green card is to file a petition with U.S. Citizenship and Immigration Services (USCIS). This green card marriage petition must be filed by the U.S. citizen spouse or lawful permanent resident.

The petition for the green card in a green card marriage case must be accompanied by certain supporting documents, including proof of the marriage (such as a marriage certificate) and proof of the U.S. citizen spouse’s citizenship (such as a birth certificate or naturalization certificate).

Once the petition for the green card is approved, the foreign-born spouse will be able to apply for a green card. The application process for a green card through a green card marriage can be complex, and it is important to follow the instructions carefully.

To apply for a marriage-based green card must be filed with USCIS, and it must be accompanied by certain supporting documents, such as a medical exam, a police clearance, and a financial affidavit. The foreign-born spouse will also need to attend an interview with a USCIS officer. At the interview, the officer will ask questions about the marriage and the foreign-born spouse’s eligibility for a green card through a green card marriage.

If the application for the green card is approved, the foreign-born spouse will be granted a green card on the basis of a green card marriage. The green card will allow the foreign-born spouse to live and work in the United States either indefinitely or for a period of two years, depending on how long the marriage was in existence at the time of issuance. They will also be able to apply for U.S. citizenship after a certain number of years of continuous residence in the United States.

Here are some additional things to keep in mind when applying for a green card through marriage/a green card marriage for a foreign-born spouse:

• The foreign-born spouse must be physically present in the United States when the Form petition is filed.
• The foreign-born spouse must be admissible to the United States. This means that they must not have any criminal convictions or health problems that would make them ineligible for a green card.
• The foreign-born spouse must meet certain income requirements. The U.S. citizen spouse must be able to show that they can financially support the foreign-born spouse.

In other words, the process of applying for a green card through marriage for a foreign-born spouse/a green card marriage can be long and complex. It is critical to understand the steps involved in the process and to follow the instructions carefully. If you are considering applying for a green card for your foreign-born spouse, our firm can help you understand the green card marriage process and ensure that you are prepared to meet all of the requirements.

Spouse of U.S. citizen (Immediate Relative category): typically 12-18 months for AOS (in U.S.) or 12-24 months for consular processing (abroad). Spouse of LPR (F2A category): subject to monthly Visa Bulletin; typically current with little to no backlog as of 2026, total time 18-30 months from I-130 filing.

(1) File a Petition for Alien Relative and Supplemental Information for Spouse Beneficiary and supporting documentation to establish the U.S. citizenship or permanent residency of the petitioner, and the relationship between the petitioner and the beneficiary.   

The Family Petition Forms

In filing a Petition for Alien Relative, the alien relative is placed on a waiting list with others waiting to immigrate from the same country or region based on the same type of relationship (in this case, green card marriage). When the spouse of a U.S. citizen reaches the front of the line, he or she may be eligible to immigrate as long as he or she passes the necessary background checks and the criteria required to do so. Given that the processing of petitions depends on the date in which the petition is filed, there is a benefit to filing as early as possible.

Processing Times

(2) Processing by USCIS, which may request additional information or evidence to support the petition.

Because spouses of U.S. citizens qualify as “immediate relatives” and belong to the first-preference category of family-based immigration petitions, there is no waiting list for such individuals. 

(3) Request for interview by USCIS (in some cases), at which point, fingerprints, photographs, and signatures may be required as a means of verifying identity.

(4) A decision by USCIS is submitted in writing to the petitioner, indicating whether the beneficiary has established eligibility for the immigration benefit he or she is seeking.

(5) In the rare event that a Petition for Alien Relative is denied (e.g., for issues ranging from nonpayment of filing fees to marriage fraud), a couple may file an appeal with the Board of Immigration Appeals (the “BIA”) in the hopes of getting the BIA to overturn the decision, or file a new, better-prepared Petition for Alien Relative with additional evidence. The denial of a Petition for Alien Relative does not prevent an alien from reapplying, and often, this course of action may be preferable to an appeal with the BIA. 

The experienced professionals at our firm can help you understand the above process and ensure that you are prepared to meet all of the requirements.

Marriage fraud has extreme consequences under immigration laws. Examining officers look for marriages that may have been entered into for reasons other than love and companionship. The law for a valid green card marriage (to obtain a green card) requires the following:

1. The green card marriage must be bona fide, and not initiated for the sole purpose of obtaining immigration benefits;
2. The green card marriage must be legally entered into, meaning that both individuals were free to marry and all prior marriages were terminated by way or divorce or annulment; and
3. The green card marriage must still legally exist, meaning that the spouses cannot be divorced or legally separated

•  Note: If the parties are uncoupled or no longer share a household, as long as they have not entered into a legal separation agreement or gotten divorced, they are still eligible to apply for a green card through marriage. That said, if the couple is no longer living together or has separated, questions may rise regarding the legitimacy of the marriage.

Though only the couple itself knows the intentions behind the marriage, to determine whether a marriage was entered into precisely for immigration benefits, the U.S. Citizenship and Immigration Service (USCIS) takes the following factors into consideration:

(1) The length of time the couple has known each other for

(2) The number of times the couples saw each other prior to marriage

(3) Whether the couple lives together at the time of the petition’s filing

(4) Whether the couple comes from disparate cultural backgrounds or has no shared language

(5) Whether the marriage occurred only after the alien entered removal proceedings

Proving your case to obtain a green card can be daunting to navigate on your own, but our experienced legal professionals can walk you through the green card marriage process every step of the way.

Aliens who marry U.S. citizens while in removal proceedings must request and submit a “bona fide marriage exemption” to convincingly demonstrate that the green card marriage was initiated in good faith and not to halt and/or reverse removal proceedings. To show that the green card marriage is bona fide, or authentic, the following types of evidence are typically presented:

1. Evidence of joint ownership of property
2. A lease indicating joint tenancy of a common residence
3. Evidence demonstrating the integration of individual financial resources
4. Birth certificates of children born to the couple
5. Affidavits, or written statements, from third parties who can attest to the bona fide nature of the marriage

Submitting evidence of a “bona fide marriage” in order to obtain a green card can be challenging, but our experienced legal professionals are here to help!

If the U.S. citizen-petitioner of a green card-seeking spouse dies before he or she is able to obtain a green card, the U.S. government provides an opportunity for the living spouse to nevertheless file a petition based on the marriage. To qualify, the alien must:

1. Have been married to the deceased spouse for at least 2 years
2. Not have been separated from the spouse at the time of his or her death
3. File the immigration petition within 2 years after the death of his or her spouse, and be unmarried

• Note: Unmarried minor children may be included in the same petition

In the years since the enactment of the Violent Crime Control and Law Enforcement Act of 1994, battered spouses of U.S. citizens have been offered an outlet through which to file their own immediate relative immigration petitions. To qualify, the alien must:

1. Be of good moral character
2. Have entered the marriage in good faith, and not with the intent of solely deriving immigration benefits
3. Have lived in the United States with the citizen spouse, and
4. Have been battered or subjected to “extreme cruelty” by his or her spouse