Obtain Green Card through Marriage
Updated on August 19, 2020
One of the most common paths to permanent residency, commonly referred to as a Permanent Resident Card or Green Card, is through marriage. If you are a U.S. citizen, there is a good chance that you have never known much about, or given much thought to the U.S. immigration process, especially if your family has lived in the U.S. for generations. That will quickly change if the person you want to marry happens to be a foreigner who either lives in another country or an immigrant to the U.S. Many U.S. citizens are surprised to find out the process is much longer and more complex than they had ever imagined.
A Green Card allows someone to permanently live and work in the United States. It is also the first step toward the path to U.S. citizenship.
With DYgreencard, we can help you handle the whole green card process based on marriage. All the application forms will be thoroughly reviewed by an immigration lawyer with extensive experience. Learn more about what we can do for you.
1. Paths to a Green Card through Marriage
There are four ways to obtain a Green Card through marriage:
1) Existing Marriage
Not everyone applies for permanent residency immediately after getting married. If you are marrying an immigrant, you can petition to sponsor your spouse for a Green Card at any point after you marry, though it is something many people want to do as soon as possible.
There are various reasons why people choose to wait. You may have been living with your non-U.S. citizen spouse in another country before deciding to move to the U.S. Or perhaps you have not been able to pay the application fees or had enough income to meet the sponsorship requirements. You might actually find the process to be somewhat easier if you have already been married for some time before beginning the process because you will be more likely to have accumulated a substantial amount of evidence to prove that you have a bona-fide marriage.
2) Marriage to a U.S. citizen
There is no waiting period to apply for marriage-based permanent residency and you can sponsor your foreign spouse immediately after you marry if you have the paperwork complete and ready to submit. Unlike most other classes of Green Cards, there is not any limit on the number of marriage-based visas that can be issued in a given year and your spouse can receive their immigrant visa number immediately after the application is approved. However, their Permanent Resident Card is considered conditional if you have been married two years or less.
In some cases, your beloved might already be living in the U.S. in another type of visa status for work or study purposes. In most circumstances it is OK to get married while in that status; but take care not to violate the 90-day rule. If you get married and then apply for permanent residency within 90 days of their arrival to the U.S. under another non-immigrant visa status (except for H-1B or L-1 visa), it can be considered a violation of their visa terms. This can greatly complicate their path to receiving a Green Card.
3) Marriage to a Permanent Resident
You can sponsor your spouse for permanent residency if you have a Green Card, but there is a cap on how many such visas can be issued each year. As a result, your spouse might have to wait months or even years to obtain a Green Card eventually.
4) Fiancé(e) Visas
If you are a U.S. citizen, you can sponsor your foreign fiancé(e) for a K-1 visa, which will allow them to come to the U.S. Once they arrive, you will have 90 days to marry, after which you can sponsor them for permanent residency.
Some people try to circumvent this process by having their foreign fiancé(e) arrive on a tourist visa, get married and then apply for permanent residency. Do not do this unless your spouse plans to first leave the U.S. and wait for their Green Card abroad. This is a violation of their visa terms because tourist visas are only supposed to be for temporary visits. Traveling to the U.S. to marry on a tourist visa especially marry within 90 days of their arrival to the U.S. indicates that they planned to stay permanently, therefore violating the terms and complicating their Green Card process. Nevertheless, if you marry a foreigner after 90 days of his or her arrival to the United States, USCIS cannot assume your spouse violates the tourist visa terms unless USCIS has evidence to prove it.
As you may see, no matter marriage to a U.S. citizen or Green Card holder, the first step is to get married. Click here to learn more about how to get married in the United States or foreign countries in detail.
2. Application Steps and Requirements for Marriage Green Card
1) File Form I-130, Petition for Alien Relative
Form I-130 is used to petition for permanent residency for a family member. The I-130A supplement must be filed with form I-130 and is only used for marriage-based Green Card petitions, not other family relationships. These forms ask questions about you and your spouse such as name, biographical details, contact information, your parents, work history and address history. Form I-129F will be filed instead if you are applying for a fiancé(e) visa.
Filing Cost: The filing fee for form I-130 is $535 and the I-130A supplement does not have an additional charge.
Documentation Requirements: You must submit supporting evidence with forms I-130 and I-130A. The exact list can depend on your individual circumstances, but typical documents include:
You can have a clear picture about proof of a bona fide marriage in our article Evidence of Bona Fide Marriage.
How to Submit: Form I-130 can be submitted either electronically by setting a myUSCIS account at USCIS’s website, or by mail to a USCIS service center in either Dallas, Phoenix or Chicago. The specific service center depends on where you live and if your spouse is filing form I-485 at the same time.
Processing Time: The I-130 processing times can vary based on which service center is processing the case or if you are a U.S. citizen or permanent resident. For most people, the process normally takes anywhere from less than six months to almost four years, with processing times for spouses of Green Card holders usually on the longer end of that scale.
2) File Form I-485 or Consular Processing
If your non-citizen spouse is already in the U.S., they can file form I-485 under most circumstances. Known as Adjustment of Status, this allows them to get their Green Card without leaving the U.S. If you get married abroad and they do not yet have a visa, are not physically present in the U.S. or not eligible for adjustment of status, they will instead go through a consular processing after approval of their I-130 petition and then receive their immigrant visa at a U.S. consulate. Factors such as having a disqualifying health condition or criminal record could make them ineligible to either adjust their status or obtain an immigrant visa. They could be granted a waiver even if they are not eligible in some situations.
Through Form I-485
Filing Cost: $1225 in most circumstances
Documentation Requirements: Your spouse is required to submit documentation, which can vary somewhat depending on personal circumstances.
You should be aware that forms I-864 and I-944 require extensive documentation of you and your spouse’s financial information.
How to Submit: If you are a U.S. citizen, your spouse can submit form I-485 together with I-130. If you are a permanent resident, your spouse might have to wait for an immigrant visa to become available before submitting. From I-485 is submitted to the service center in Chicago in such situations.
Processing Time: Form I-485 is first processed at a service center and then sent to a local USCIS field office, which will most likely be located in a major city relatively close to you. I-485 processing times can depend on individual field offices and if you are a U.S. citizen or permanent resident, with processing times as short as six months or as long as three years. Most applications are processed in a 12 to 18 month timeframe
Through Consular Processing
Government Cost: $665 ($325+$120+$220) in most circumstances
Documentation Requirements: After your I-130 gets approved by USCIS, the case will be transferred to National Visa Center (NVC) for consular processing. NVC will require you to submit DS-260 Online Immigrant Visa and Alien Registration Application, civil documents and Form I-864 Affidavit of Support. Generally, civil documents include:
How to Submit: You should submit DS-260, civil documents and I-864 electrically through NVC’s online CEAC portal.
Processing Time: Usually, NVC will finish the document review within three months.
3) Green Card Interview and Approval Process
If you file Form I-485, your spouse will receive a USCIS interview notice informing them of their interview date and time about four to seven weeks beforehand. Both you and your spouse must attend. You should bring the original copies of any documents you or your spouse submitted as well as photocopies. Typical evidence includes:
You will both be interviewed by the USCIS officer and in some circumstances you may be interviewed separately. The officer will determine if you have a bona fide marriage, if you can financially support yourselves and if your spouse meets Green Card prerequisites. Learn more about how to prepare for an I-485 interview in our article I-485 Adjustment of Status Interview FAQ. If the USCIS officer is satisfied with everything, a Green Card will be granted in the mail.
If you go through consular processing, your spouse will receive an immigrant visa interview notice about four to seven weeks in advance. The interview will be held at a U.S. consulate in your spouse’s home country or the country where your spouse has permanent residency. You are not mandatory to attend the interview. However, it is recommended to have you reachable over the phone on the interview date. Your spouse should bring the original copies of any documents you or your spouse submitted as well as photocopies, and a medical exam report that is issued by a physician approved by the U.S. embassy in that country.
If the visa officer is satisfied with your martial relationship, financial support and other Green Card prerequisites, an immigrant visa will be issued. Then your spouse can come to the United States with the immigrant visa and a Green Card will be mailed to your spouse within 120 days of arrival to the U.S. Do not forget to pay the $220 immigrant visa fee after obtaining an immigrant visa. Otherwise, the physical Green Card will not be produced.
Taking care to complete forms carefully and completely and submitting all necessary evidence improves your spouse’s chances of success. Be patient and be prepared for a long and sometimes trying process. Fortunately, with the help of a skilled immigration lawyer, DYgreencard can save you much time and cost in the green card process. Ready to start?