MARRIAGE & FIANCE
GREENCARDS
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What is a marriage green card?
A marriage-based green card entitles the spouse of a U.S. citizen or green card holder to live and work in the United States. Green card holders hold “permanent resident” status until they decide to apply for U.S. citizenship, which they become eligible for after three years.
Quick Facts
- The current wait time for a marriage green card is 17 months.
- A marriage-based green card application is $1760 for a spouse living in the United States and $1200 for a spouse living outside the United States.
- The initial step in the marriage green card application process is for the sponsoring spouse to file Form I-130 in order to establish that the marriage is legitimate.
- In 2022, USCIS denied 15% of Form I-130 applications.
Benefits to getting a green card through marriage:
- Ability to live and work anywhere in the United States.
- Eligibility to adjust status in the United States, even if you have overstayed your visa or are out of status.
- Do not need a US company to sponsor you through a job offer.
- Ability to freely travel in and out of the U.S.
- Unmarried children under 21 years old qualify for green cards as derivative beneficiaries to your case.
- Ability to sponsor your relatives once you become a US permanent resident.
- Access to US schools.
The Marriage Green Card Process
Step 1: Establishing the marriage relationship
The first step in the marriage green card process is to submit the “Petition for Alien Relative,” Form to the U.S. Citizenship and Immigration Services (USCIS), which is part of the U.S. Department of Homeland Security. This form and other documentation required, establishes that your marriage is valid or bona fide.
The U.S citizen or permanent resident spouse filing the form is called the “petitioner” or “sponsor.” The spouse seeking a green card is called the “beneficiary” or “green card applicant.”
Elements of an petition filing package
- Filing fee
- Proof that the sponsoring spouse is a U.S. citizen
- Proof that a legally valid marriage exists
- Proof that the marriage is not fraudulent
- Proof that any previous marriages have been terminated
Once the filing package is complete, it must be mailed to the appropriate USCIS address. USCIS will then send the sponsoring spouse an official acknowledgment of receipt. This typically occurs within two weeks.
If USCIS needs more information, they will send the sponsoring spouse a Request for Evidence (RFE) within 2–3 months. Once USCIS has everything they need, a decision will typically be made on the petition within the normal processing times.
After receiving notice that the petition has been approved, the next step will be to determine whether the spouse seeking a green card is in fact eligible for one.
Step 2: Apply for the green card
The U.S. government follows two different processes to determine a spouse’s eligibility for a marriage-based green card, depending upon where the spouse lives, namely in the United States or abroad
Note: The two steps listed above can be filed in a "Concurrent Processing" manner if the beneficiary is living int the Untied States.
Green Card Beneficiaries Living in the United States
If the spouse seeking a green card physically lives in the United States, and has arrived here legally through some form of a visa, the appropriate next step is to file the “Adjustment of Status” application. The primary purpose of this is to establish that the spouse is eligible for a green card.
Adjustment of status is the immigration process for the following marriage visa types:
- Spouse and accompanying child, if the sponsor is a U.S. citizen, and the beneficiary arrived in the U.S. in legal status.
- Sponsor is a legal permanent resident (aka green card holder) and the beneficiary is currently in the U.S. in legal status.
- Sponsor is a U.S. citizen, and the foreign spouse is adjusting status from a K fiancé visa, if married within 90 days of arrival.
Elements of an I-485 filing package include:
- Government filing fee which includes the fee for the green card application and for biometrics.
- Proof of nationality of the spouse seeking a green card: copy of birth certificate and passport photo page.
- Proof of lawful entry to the United States by the spouse seeking a green card: copy of I-94 travels records and prior U.S. visa.
- Medical examination performed by a USCIS-approved doctor.
- Proof of the sponsoring spouse’s ability to financially support the spouse seeking a green card. This includes Form I-864, or “Affidavit of Support,” and evidence such as tax returns and pay stubs.
For Spouses of U.S. Citizens
The Adjustment of Status filing package can usually be combined with the I-130 form (and supporting documents) described above. This is known as concurrent filing. USCIS typically processes concurrent filing faster than if you first file the petition and then subsequently the adjustment application.
For spouses of U.S. green card holders, the I-485 filing package cannot be submitted until the U.S. Department of State determines that a green card is available. The wait time is currently about a year and a half, but this can vary by a few months, depending on the home country of the spouse seeking a green card.
Green Cards for Beneficiaries Living Abroad
For a spouse living abroad, the next step is to file an application package with the National Visa Center (NVC). The NVC gathers the necessary forms and documents needed in order to decide whether the spouse is ready for an interview at a U.S. embassy or consulate abroad. This is known as consular processing.
Consular processing is the immigration process for the following visa types:
- Spouse and accompanying child when the sponsor is a U.S. citizen.
- Souses and Children when the sponsor is a legal permanent resident, or green card holder.
Critical elements of an NVC filing package:
- Form DS-260. This is the green card application filed online.
- Government filing fees. This includes the fee for the financial support form and the fee for the State Department processing.
- Proof of nationality of spouse seeking a green card: copy of birth certificate and passport photo page.
- Copy of a police clearance certificate for the spouse seeking a green card. This shows law enforcement issues.
- Proof of the sponsoring spouse’s ability to financially support the spouse seeking a green card.
Once processed, the NVC then forwards it to a U.S. embassy or consulate in the home country of the spouse seeking a green card.
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