How To Start Your Green Card Process Pre-Wedding

If you are the spouse of a US citizen or green card holder, you are eligible to apply for a green card. The process of obtaining a green card through marriage is not as simple as one might think. There are multiple requirements and steps that must be carefully followed. The first step is to marry a US citizen or lawful permanent resident. The marriage must take place before any immigration paperwork is filed. The marriage must be legally valid and recognised in the place where it took place. It cannot be fraudulent or violate federal or state laws. Once married, the next step is to file a Form I-130, also called the Petition for Alien Relative. This form is used to establish that the marriage is valid and that the requirements for a marriage green card are satisfied. The US citizen or permanent resident spouse is the petitioner, and the foreign spouse is the beneficiary. After the Form I-130 is filed, the next steps depend on whether the foreign spouse is living inside or outside the US. If the foreign spouse is living inside the US, they must file Form I-485, Application to Register Permanent Residence or Adjust Status, along with supporting documents such as a birth certificate and marriage certificate. They must also complete a medical exam. If the foreign spouse is living outside the US, the US citizen or permanent resident spouse must file Form I-130 on their behalf. Once this is approved, the foreign spouse will receive a notice to fill out and file Form DS-261, and then they can file Form DS-260, the actual green card application. Prior to the interview, the foreign spouse must undergo a medical exam. The final step in the process is the green card interview, where the interviewing officer will assess the authenticity of the marriage. If the application is approved, the foreign spouse will receive their green card within 2-3 weeks. The total processing time for a marriage-based green card is currently 9.3 months, but it can vary depending on factors such as where the applicant is living and the citizenship status of the spouse.

The sponsoring spouse must file Form I-130 to establish the marriage is real

Once Form I-130 is filed, U.S. Citizenship and Immigration Services (USCIS) may schedule an interview or investigate the case, particularly if there is concern about the legitimacy of the marriage. During the interview, the couple should be prepared to answer questions about their relationship, such as how they met, where they got married, and details about their daily lives and future plans. Providing additional documentation, such as photos and signed statements from friends and family, can also help prove that the marriage is legitimate.

It is important to note that the marriage must be legally valid and recognized in the place where it took place. It cannot be fraudulent, violate federal or state laws, or go against public policy. The key factor in determining the validity of the marriage is the intention of the couple to create a life together at the time of the marriage.

After Form I-130 is approved, the next step in the green card process depends on whether the spouse seeking the green card is living in the United States or abroad. If the spouse is living in the U.S., they will need to file Form I-485, "Application to Register Permanent Residence or Adjust Status," along with supporting documents such as their birth certificate, proof of lawful entry into the U.S., and a medical examination report. If the spouse is living abroad, they will need to go through consular processing, which involves submitting an application package to the National Visa Center (NVC) and attending an interview at a U.S. embassy or consulate in their home country.

The cost of applying for a marriage-based green card depends on where the couple lives

The cost of applying for a marriage-based green card depends on several factors, including where the couple lives, their age, and immigration circumstances. The fees for a marriage-based green card range from $1,340 to $3,005, with additional costs for medical examinations, which can range from $200 to $500, and other expenses such as travel and translation services.

For couples living in the United States, the cost of applying for a marriage-based green card is $3,005. This includes a government filing fee of $675 for Form I-130, Petition for Alien Relative, and $2,330 for Form I-485, Adjustment of Status application. The total cost is higher for couples where one or both spouses live outside the United States, at $1,340. This includes a government filing fee of $675 for Form I-130 and $445 for Form DS-260, the green card application filed online.

The cost of applying for a marriage-based green card also depends on whether the applicant is married to a U.S. citizen or a green card holder. If the applicant is married to a U.S. citizen, the process is generally faster and may include concurrent filing of Forms I-130 and I-485. If the applicant is married to a green card holder, there may be longer wait times due to annual caps, and the forms must be filed separately.

In addition to the government filing fees, there are other costs associated with the application process. These include medical examination fees, which can vary depending on the provider and location, as well as travel expenses for interviews and obtaining official documents. Translation services for non-English documents and professional photography services for passport photos may also be required, adding to the overall cost.

The marriage must be legally valid and recognised in the place it took place

The marriage must not be fraudulent and must not violate federal or state laws or public policy. For example, incestuous marriages and polygamy are not allowed. The key factor in determining whether the marriage is valid is whether the couple intended to create a life together at the time of the marriage.

To prove the marriage is valid, the U.S. citizen or permanent resident spouse must file a Form I-130, also called the "Petition for Alien Relative". This form is filed with the United States Citizen and Immigration Services (USCIS) and is the first step in the green card process. The form must be accompanied by several evidentiary documents, including the marriage certificate, copies of passports, pictures of the couple together, and other documentation proving the validity of the marriage.

The marriage certificate must show the names of both spouses, as well as the place and date of the marriage. Other documents that can be included are photos of the couple in various settings, such as their wedding, with friends, on vacation, etc. Additionally, any documentation with both spouses' names on it can be provided, such as a joint lease agreement, mortgage, bank account statements, health insurance policy, credit card statements, and letters from friends addressing both spouses.

After the Form I-130 is filed, USCIS may schedule an interview or investigate the case, particularly if there is a greater concern that the marriage is not legitimate. During the interview, the immigration officer will ask questions to assess the authenticity of the marriage. They may ask about the couple's relationship history, daily activities, and future plans together. The officer may also ask questions about the couple's upbringing, family information, and personal information. It is important to be prepared to answer these questions and provide documentation that proves the legitimacy of the marriage.

The marriage cannot be fraudulent, and must not violate federal or state laws

The marriage must be a legitimate one, and not a sham to obtain immigration benefits. The marriage must be legally valid and recognised in the place where it took place. The marriage cannot violate federal or state laws, such as those against incestuous marriages or polygamy. The key factor in determining whether the marriage is valid is whether the couple intended to create a life together at the time of the marriage.

USCIS will investigate the marriage to determine whether it is bona fide or entered into solely for immigration purposes. They may interview the spouses separately or together to ask questions about their relationship, daily routines, and future plans, and review documents submitted with the green card application, such as marriage and birth certificates, tax returns, and joint bank account statements.

If the marriage is found to be fraudulent, USCIS may deny the green card application. Therefore, it is important for couples to provide sufficient evidence of a bona fide marriage, such as a joint lease, joint bank account statements, photos together, and signed statements from friends and family affirming the legitimacy of the marriage.

The key factor in determining whether the marriage is valid is whether the couple intended to create a life together

The key factor in determining whether a marriage is valid is whether the couple intended to create a life together. This is assessed by the United States Citizen and Immigration Services (USCIS) and is a critical component of the process of obtaining a green card through marriage.

The USCIS will investigate whether the marriage is bona fide or entered into solely for immigration benefits. They will review documents submitted with the green card application, such as marriage and birth certificates, tax returns, and joint bank account statements. The legitimacy of the marriage is also assessed through an interview, where the couple must attend and answer questions about their relationship, daily routines, and future plans.

To prove that the marriage is valid, the couple must submit Form I-130: Petition for Alien Relative, along with supporting documents such as a marriage certificate, proof of termination of previous marriages, and evidence that the marriage is legitimate, such as joint bank accounts or lease agreements. The legitimacy of the marriage is a crucial aspect of the green card application process and is carefully scrutinized by the USCIS.

The process of obtaining a green card through marriage involves multiple steps, including filing Form I-130, applying for permanent residency (either through adjustment of status or consular processing), and attending an interview. The entire process can take anywhere from 9 to 38 months, depending on various factors such as the place of residence and the citizenship status of the spouse.

Therefore, while there are multiple requirements and steps to obtaining a green card through marriage, the key factor in determining the validity of the marriage is the intention of the couple to build a life together. This intention is assessed through documentation and interviews by the USCIS.

Frequently asked questions