Are you married to a U.S. green card holder and living in the United States? This guide walks you through the process of applying for a marriage-based green card step-by-step, making the journey smoother and easier to understand.
Overview
This guide applies to couples where:
- One spouse is a U.S. permanent resident (green card holder).
- The other spouse is a foreign national seeking permanent residency.
- Both spouses reside in the U.S.
We’ll cover three major steps in detail:
- Sponsorship: Filing the initial petition to establish your marriage.
- Waiting and Applying: Submitting your adjustment of status application.
- Interview and Approval: Preparing for and completing the final step.
Costs and Timeline
- Processing Time: Around 13.5–20.5 months to obtain your green card.
- Government Fees: Approximately $3,005 (not including the medical exam fee, which typically costs around $200).
For a faster, more organized process, Law and Visas can help ensure your application is accurate and complete.
Step 1: Sponsorship
The first step is submitting Form I-130, officially called the Petition for Alien Relative. This form establishes that your marriage is legitimate.
Key Roles
- Petitioner: The U.S. green card holder (your spouse).
- Beneficiary: You, the foreign national seeking a green card.
Forms and Fees
This step involves the following forms and fees:
- Family Sponsorship Form (I-130): $535
- Supplemental Form (I-130A): No fee
Submission and Confirmation
Once the forms are complete, mail them to the correct USCIS address. You’ll receive a receipt notice within two weeks. If USCIS needs more information, they’ll send a Request for Evidence (RFE) within 2–3 months.
Tip: Law and Visas has supported thousands of families through this process, ensuring every detail is handled accurately.
Step 2: Waiting and Filing Your Green Card Application
The next step is submitting Form I-485, the Application for Adjustment of Status. This form confirms your eligibility for a green card.
Extra Waiting Period
Unlike spouses of U.S. citizens, spouses of green card holders must wait for a visa number to become available. The U.S. government limits the number of green cards issued annually in the F-2A category (spouses and children of green card holders).
To track your wait time, consult the Visa Bulletin, a monthly report from the U.S. State Department.
Preparing Your Green Card Application
Once your visa number becomes available, prepare your adjustment of status package, which includes:
- Green Card Application Form (I-485): $1,140
- Biometrics Fee: $85
- Financial Support Form (I-864): No additional fee
Optional Forms
If you’d like to work or travel while waiting for your green card, include these optional forms:
- Work Permit Application (I-765): $0
- Travel Permit Application (I-131): $0
Medical Exam
All applicants must undergo a medical exam performed by a USCIS-approved doctor. After your exam, the doctor will provide a sealed envelope containing your results (Form I-693).
You can submit your medical exam results in one of three ways:
- Include it with your I-485 package.
- Submit it later, as requested by USCIS.
- Bring it to your green card interview.
Medical exams typically cost around $200 and up, depending on the provider.
Filing Your Application
After submitting your complete I-485 package, you’ll receive:
- Receipt Numbers: Issued within two weeks.
- Biometrics Appointment Notice: Scheduled about one month after submission.
During the biometrics appointment, USCIS will collect fingerprints and photographs for background checks. This is a straightforward step, and the sponsoring spouse does not need to attend.
Tip: If you need to reschedule your biometrics appointment, do so via your USCIS online account. However, there are limits on rescheduling, so plan accordingly.
Step 3: The Green Card Interview and Approval
The final step is the green card interview, conducted at your local USCIS field office.
What to Expect at the Interview
The interview is typically scheduled several months after submitting your I-485 application. Both spouses must attend. The USCIS officer will ask questions to ensure your marriage is genuine.
Common Questions:
- How did you meet?
- What do you do for fun as a couple?
- Can you describe your daily routine together?
Approval and Receiving Your Green Card
If the officer approves your application, your green card will arrive in the mail within 2–3 weeks.
Types of Green Cards:
- Conditional Green Card (CR1): If you’ve been married for less than two years at the time of approval. Valid for two years, after which you’ll need to apply to remove conditions (Form I-751).
- Permanent Green Card (IR1): If you’ve been married for more than two years. Valid for 10 years and renewable.
Important Tips for Success
- Stay Organized: Keep copies of all documents and correspondence with USCIS.
- Track Your Application: Use the receipt numbers provided to monitor your case online.
- Stay Informed: Processing times and policies can change, so check for updates regularly.
Ready to Start?
Law and Visas can guide you through every step of this process, making it easier to navigate the complexities of immigration. Contact us today to begin your journey!
