Marriage And Green Cards: A Legitimate Pathway?

Getting a green card through marriage to a US citizen is possible, but it is a complex process that can take several months. The first step is to determine eligibility. The marriage must be bona fide and legally valid, and the applicant must not be inadmissible to the US. If these requirements are met, the next step is to file Form I-130 with the USCIS, followed by Form I-485 or Form DS-260, depending on whether the applicant is living in the US or abroad. The process also involves submitting various documents, paying fees, and attending a biometric appointment and interview. It's recommended to consult an immigration lawyer to ensure a smooth process and improve the chances of success.

What is a marriage green card?

A marriage green card is a type of immigrant visa that allows the spouse of a US citizen or green card holder to live and work in the United States. It is the first step towards US citizenship.

The marriage green card is valid for a set period and must be renewed. If you have been married for over two years before applying, you can receive the IR1 green card, which is valid for 10 years. If you have been married for less than two years when you apply, you will receive a CR1 green card, also known as a conditional green card, which is valid for two years. After two years, you can apply to renew and get a 10-year green card.

The cost of 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 does not include the cost of the medical examination, which is roughly $200 to $500. The application process takes 9-38 months.

The process for getting a green card through marriage involves three steps:

• The US citizen spouse establishes the marriage relationship by filing Form I-130.
• Apply for the green card through adjustment of status (Form I-485) if you’re living in the US or Form DS-260 if you’re a foreign national living abroad.
• Attend the marriage-based green card interview and await approval.

If the couple has been married for less than two years, the foreign spouse will receive a conditional green card. After two years, the couple must apply to remove the conditions on the green card and receive a 10-year green card. After an additional year, the foreign spouse can apply for US citizenship.

How to get a green card through marriage

Getting a green card through marriage is a 3-step process that can take 9–38 months and cost $1,400–$3,005. Here is a detailed breakdown of the process:

Step 1: Submit Form I-130

The first step in the process of applying for a marriage-based green card is completing Form I-130: Petition for Alien Relative. The purpose of the I-130 petition is to establish that you have a valid marriage to a U.S. citizen or green card holder.

Along with the completed form, you must provide your marriage certificate and any documents showing that your marriage is legitimate. For example, you could include a joint lease, a joint bank account statement, or photos of you and your spouse together.

Step 2: Apply for your marriage green card

The next step in your application process is to apply for permanent residency in the U.S. The way you do that will depend on whether you are living in the U.S. or abroad when you apply. If you live in the U.S., you’ll file for an adjustment of status. If you live abroad, you’ll file using consular processing.

Applying for a Marriage Green Card From the U.S. Through the Adjustment of Status Process

If you are currently living inside the United States, you must file Form I-485: Application to Register Permanent Residence or Adjust Status. This form allows you to change your current immigration status to a marriage-based green card.

When you submit Form I-485, you must also submit supporting documents, including:

• Your birth certificate
• Proof of your lawful entry into the U.S. (e.g. your I-94 travel record or prior visa)
• Proof of your immigration medical examination
• Documents showing that your spouse will be able to financially support you in the United States

Applying for a Marriage Green Card From Abroad Through Consular Processing

If you are currently living outside of the United States, you will use a process called consular processing to apply for a marriage-based green card. With consular processing, you wait in your home country until USCIS approves your Form I-130. Once approved, USCIS will send your file to the U.S. Department of State's National Visa Center (NVC).

The NVC will then send you a notice with important case information. The NVC will also let you know when you can take the next step — submitting your NVC filing package.

Your NVC filing package will include:

• The required government filing fees of $445.
• Your Form DS-260. This is your actual green card application, and you will file it online through the Consular Electronic Application Center (CEAC).
• Proof of your nationality. This is usually a copy of your birth certificate and passport photo page.
• Police clearance certificates from relevant countries where you have lived since age 16.
• Proof that your U.S. citizen or green card holder spouse will be able to financially support you. This includes Form I-864, which is called the Affidavit of Support, and evidence like tax returns and pay stubs.

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

The final step in the application process is a green card interview. The primary purpose of this interview is for the government to determine whether your application is legitimate and whether to give you a green card.

At your interview, the immigration officer will ask you questions about your relationship with your spouse, your daily activities, and your future plans as a couple. You should expect extra questions if your case has any facts that might suggest immigration fraud.

This includes things like:

• A large age gap between you and your spouse
• Knowing your spouse for fewer than two years before marriage
• Having a very different cultural background than your spouse
• Having different addresses show up for you and your spouse online

You’ll usually have your green card interview at a local U.S. embassy or consulate if you apply through consular processing. If you are adjusting status, you’ll have an interview at a local USCIS field office in the U.S.

If the USCIS officer believes that your marriage is real, they will approve your application. You should receive your green card in the mail 2–3 weeks later.

Documents needed to apply for a green card through marriage

To apply for a green card through marriage, the following documents are required:

Forms and evidence submitted by the petitioner (U.S. citizen or lawful permanent resident):

• Form I-130 and I-130A supplement — Proves the relationship between you and your spouse. You must also submit evidence that you are a U.S. citizen or permanent resident, such as your Naturalization Certificate, Consular Report of Birth Abroad, or both sides of your Permanent Resident Card.
• Form I-864 — Proves that you are financially able to support your spouse. You must also submit proof of your U.S. citizenship or permanent residency, your most recent Income Tax Return, and most recent Form W-2 or 1099.

Forms and evidence that must be submitted by the beneficiary (spouse):

• Form I-485 — Proves the spouse's eligibility for a Green Card. They must also submit a passport, marriage certificate, and proof of legal entry into the U.S., such as Form I-94 Arrival-Departure Record.
• Form I-944 — Proves that the spouse can support themselves financially. They must also submit Income Tax Returns or Transcripts for all household members, proof of assets, and proof of Liabilities/Debts.

Additionally, the spouse may also submit the following optional forms:

• Form I-765 — Used to apply for an Employment Authorization Document (EAD), which allows the spouse to work while their case is pending.
• Form I-131 — Used to apply for advance parole, which permits the spouse to travel outside of the U.S. while their case is pending.

Other documents that may be required:

• Proof of termination of prior marriages, if applicable.
• Proof of valid marriage, such as a marriage certificate.
• Proof that the marriage is not fraudulent, such as joint bank account statements or photos of the couple together.
• Birth certificates of any children from the marriage.
• Affidavits from people who have knowledge of the relationship.
• Copies of texts, emails, or cards exchanged between the couple.
• Two passport-style photos of both spouses.
• Proof of nationality of the spouse seeking a green card, such as a birth certificate and passport photo page.
• Proof of lawful entry to the United States by the spouse seeking a green card, such as a copy of I-94 travel record and prior U.S. visa.
• Medical examination performed by a USCIS-approved doctor.

Marriage green card eligibility

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. The purpose of the I-130 petition is to establish that you have a valid marriage to a U.S. citizen or green card holder. The spouse filing the I-130 is called the "petitioner" or "sponsor". This spouse must be a U.S. citizen or current green card holder. The spouse seeking a green card is called the "beneficiary" or "green card applicant".

Along with the completed form, you must provide your marriage certificate and any documents showing that your marriage is legitimate. For example, you could show a joint lease, a joint bank account statement, or photos of you and your spouse together from your wedding or after marriage.

Step 2: Apply for your marriage green card

The next step in your application process is to apply for permanent residency in the U.S. The way you do that will depend on whether you are living in the U.S. or abroad when you apply. If you live in the U.S., you’ll file for an adjustment of status using Form I-485. If you live abroad, you’ll file using consular processing using Form DS-260.

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

The final step in the application process is a green card interview. The primary purpose of this interview is for the government to determine whether your application is legitimate and whether to give you a green card. At your interview, the immigration officer will ask you questions about your relationship with your spouse, your daily activities, and your future plans as a couple.

Eligibility requirements

To qualify for a marriage green card, your marriage must be legally valid and officially recognised in the country or region where it took place. You must prove that your marriage is legally valid by providing a marriage certificate, as well as evidence that any prior marriages have been legally terminated through death, divorce, or annulment. Your marriage must also be based on a genuine, bona fide relationship, and not entered into in order to gain immigration benefits.

The beneficiary, or person who is applying to receive a green card, is generally automatically eligible to receive a green card once they are lawfully married to a U.S. citizen or green card holder. However, there are four key reasons why a green card application might be denied to an otherwise eligible spouse:

• On health grounds: The beneficiary will have to take a medical exam, and could be denied a green card on health grounds if they have certain communicable diseases or mental illnesses, or if they’ve failed to receive the required vaccinations.
• Due to criminal history: People convicted of certain serious crimes are ineligible for a marriage green card.
• Due to immigration history: People can be denied a green card if they violate certain immigration rules, such as lying to U.S. Citizenship and Immigration Services (USCIS) or Customs and Border Protection (CBP) officials, falsely claiming to be a U.S. citizen, or failing to attend a removal hearing.
• On public charge grounds: The government may deny green cards to beneficiaries who they think will struggle to support themselves and become reliant on public benefits, now or in the future.

Green card through marriage process

A marriage-based green card is an immigrant visa that allows the spouse of a US citizen or green card holder to live and work in the United States. The process can be done from inside the US or from abroad, and there are different processes depending on whether the spouse seeking the green card lives in the US or not.

Step 1: Submit Form I-130

The first step 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 form, you must provide a 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: Apply for your marriage green card

If you live in the US, you must file Form I-485: Application to Register Permanent Residence or Adjust Status. This form allows you to change your current immigration status to a marriage-based green card. You must also submit supporting documents, including:

• Your birth certificate
• Proof of lawful entry into the US (e.g. I-94 travel record or prior visa)
• Proof of your immigration medical examination
• Documents showing that your spouse will financially support you in the US

If you live abroad, you must file an application package with the National Visa Center (NVC). The NVC will process your application and decide whether you are ready for an interview at a US embassy or consulate abroad. The NVC filing package includes:

• Government filing fees of $445
• Form DS-260 (green card application)
• Proof of nationality (e.g. birth certificate and passport photo page)
• Police clearance certificates from relevant countries where you have lived since age 16
• Proof that your US citizen or green card holder spouse will financially support you
• Medical examination performed by a USCIS-approved doctor

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

The final step is a green card interview, which will assess the authenticity of the marriage. Questions will focus on 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.

If you are adjusting your status with Form I-485, both you and your spouse must attend the interview at your local USCIS office. You should receive your green card in the mail within 2-3 weeks.

If you applied via consular processing with Form DS-260, only you (not your spouse) will attend the interview at a US embassy or consulate in your home country. After the interview, the consular officer will decide whether to approve your application, which may take up to a week. If approved, you will receive a visa allowing you to travel to the US, and USCIS will mail your green card to your US address within 2-3 weeks of your arrival.

Processing Times and Costs

The total processing time for a marriage-based green card can vary depending on whether you are already living in the US and whether your spouse is a US citizen or green card holder. It typically takes between 9 and 38 months, and the cost is between $1,400 and $1,960.

Frequently asked questions