Applying For A Green Card: Post-Wedding Steps To Take

Getting a green card through marriage is a 3-step process that takes 9–38 months and costs $1,400–$1,960. The first step is to submit Form I-130, which establishes that you have a valid marriage to a US citizen or green card holder. The second step is to apply for permanent residency in the US, which depends on whether you are living in the US or abroad. If you live in the US, you'll file for an adjustment of status, and if you live abroad, you'll file using consular processing. The third step is to attend a green card interview and receive your green card.

What is a marriage-based green card?

A marriage-based green card is a type of immigrant visa that allows an individual to live and work in the United States as a permanent resident. It is available to the spouses of U.S. citizens or green card holders. The marriage-based green card is the first step towards U.S. citizenship and is valid for a set period before it must be renewed.

If a couple has been married for over two years before applying for the green card, they can receive the IR1 green card, which lasts for 10 years. If they have been married for less than two years, they will receive a CR1 green card, also known as a conditional green card, which is valid for two years. After two years, they can apply to renew and get a 10-year green card.

The process of applying for a marriage-based green card involves three steps: submitting Form I-130, submitting the green card application (Form I-485 or Form DS-260), and attending the green card interview. The total processing time for a marriage-based green card is currently 9.3 months, and the cost for applying is $3005 for couples living in the U.S. and $1340 when one or both spouses live outside the U.S.

How do I apply for a marriage green card?

Applying for a marriage green card in the US involves a three-step process, which can take 9–38 months and cost $1,400–$1,960. Here is a detailed breakdown of the process:

Step 1: Submit Form I-130

The first step in applying for a marriage-based green card is to complete Form I-130: Petition for Alien Relative. This form establishes that you have a valid marriage to a US citizen or green card holder. Along with the completed form, you must provide your marriage certificate and documents showing that your marriage is legitimate, such as a joint lease, joint bank account statement, or photos of you and your spouse together.

Step 2: Submit your green card application (Form I-485 or Form DS-260)

The next step is to apply for permanent residency in the US. This will depend on whether you are living in the US or abroad when you apply. If you live in the US, you will file for an adjustment of status by submitting Form I-485: Application to Register Permanent Residence or Adjust Status. If you live abroad, you will file using consular processing by submitting Form DS-260.

Step 3: Attend your green card interview and receive your green card

The final step is to attend a green card interview, where an immigration officer will ask you questions about your relationship with your spouse, your daily activities, and your future plans as a couple. If the officer believes your marriage is real, they will approve your application. You should receive your green card in the mail within 2–3 weeks.

Additional Information:

It is important to note that the cost and processing time for a marriage green card vary depending on whether you are married to a US citizen or a green card holder, and whether you are living in the US or abroad. The cost for applying for a marriage-based green card is $3005 for couples living in the US and $1340 when one or both spouses live outside the US. This includes a government filing fee of $675 for Form I-130 and additional fees for Form I-485 or Form DS-260. The processing time for a marriage green card is currently 9.3 months on average.

What is the cost of a marriage green card?

The cost of a marriage green card depends on several factors, such as where the couple is filing from, individual attorney fees, and other additional expenses. The total fees for a marriage-based green card range from $1,400 to $1,960, with government filing fees being $3,005 for couples living in the U.S. and $1,340 for those with one or both spouses living outside the U.S.

The cost breakdown for couples living in the U.S. is as follows:

• Form I-130 (Petition for Alien Relative): $675 for paper filing or $625 for online filing
• Form I-485 (Application to Register Permanent Residence or Adjust Status): $1,440
• Form I-864 (Affidavit of Support): $120
• Medical examination: $200 to $500

For couples with one or both spouses living outside the U.S., the cost breakdown is:

• Form I-130: $675 for paper filing or $625 for online filing
• Form I-485: $1,225
• Form I-864: $120
• State Department Processing: $325
• Medical examination: $200 to $500

It is important to note that these are the mandatory costs, and other expenses such as travel costs and translation services fees may also be incurred. Additionally, the cost of hiring a lawyer to assist with the green card case may add an extra $2,000 to $6,000 to the total expense.

What are the requirements for a successful marriage green card application?

Applying for a marriage green card can be a challenging process. It involves a lot of paperwork, fees, and an interview. Here are the requirements for a successful marriage green card application:

The Sponsoring Spouse (Petitioner)

The sponsoring spouse is the one who is already a U.S. citizen or green card holder. They must:

• File Form I-130 to establish the marriage relationship.
• Provide proof of their U.S. citizenship or permanent resident status.
• Prove that the marriage is legally valid by providing a marriage certificate.
• Show that the marriage is bona fide and not fraudulent by providing documents such as joint bank account statements or photos of the couple together.
• Prove termination of any previous marriages with a divorce decree or death certificate.
• File an affidavit of support (Form I-864) pledging to financially support their spouse.
• Demonstrate the ability to support their spouse at 125% of the federal poverty level.
• Be domiciled in the United States or prove their intent to return to the U.S. with their spouse.

The Foreign Spouse (Beneficiary)

The foreign spouse is the one who is seeking a green card. They must:

• Prove that their marriage is legally valid and recognized in the country where it took place.
• Show that the marriage is bona fide and not for immigration benefits only.
• Provide proof of nationality, such as a birth certificate or passport.
• Undergo a medical examination.
• Provide proof of lawful entry into the U.S., such as an I-94 travel record or prior visa.
• Submit to a background check and provide records of any previous interactions with law enforcement.
• File Form I-485 (if living in the U.S.) or Form DS-260 (if living abroad) to apply for the green card.

Additional Requirements

• Both spouses must attend an interview to assess the authenticity of the marriage.
• The sponsoring spouse must be at least 18 years old to sign the affidavit of support.
• There is no minimum marriage length required, but newer marriages may face more scrutiny and require additional evidence of a bona fide marriage.

The process can vary depending on whether the foreign spouse is living in the U.S. or abroad, and whether the sponsoring spouse is a U.S. citizen or green card holder. It is important to provide all the required documents and evidence to ensure a successful marriage green card application.

Can I work while my marriage green card application is pending?

If you are a foreign spouse seeking a marriage-based green card and are currently living in the U.S., you can work while your application is pending if you have a valid work visa or work permit (Employment Authorization Document, or EAD).

If you don't have a valid work visa, you can apply for an EAD while your green card is being processed. To do this, you must submit Form I-765: Application for Employment Authorization (work permit) when you apply for adjustment of status using Form I-485. If you submit your I-765 with your I-485, you don't need to pay an additional fee.

It typically takes between 2 and 7 months to receive an EAD. However, if you are married to a lawful permanent resident, the timeframe to get a work permit can be longer—between 3 and 4 years if you are in the U.S., and 4 to 5 years if you are overseas.

It's important to note that any work you engage in without a valid work visa or EAD will be considered unauthorized employment, which is a violation of labour law and may affect your green card processing.

Additionally, if you want to go back to your home country to work while your marriage-based green card application is pending, you will need to obtain a travel permit (Advance Parole Travel Document) before travelling abroad, or your application will be considered abandoned.

Frequently asked questions