If you’re in the U.S. on Temporary Protected Status (TPS) and are married to a U.S. citizen or green card holder, you may be eligible to change your status to a marriage-based green card. This process can help you stay in the U.S. permanently and even work toward U.S. citizenship.
What is TPS?
Temporary Protected Status (TPS) allows people from certain countries affected by conflict or natural disasters to live and work in the U.S. temporarily. If you’re married to a U.S. citizen or a green card holder, you can explore switching from TPS to a marriage-based green card for permanent residency.
Important Changes to TPS
Though TPS can allow you to stay in the U.S. for many years, your ability to stay legally depends on your home country’s TPS status. If your country loses its TPS designation, you may be required to leave the U.S. However, applying for a marriage-based green card may let you stay legally in the U.S. even if TPS is terminated.
For just $649, Law and Visas can help you complete your entire marriage green card application, including all forms, supporting documents, and attorney review. We’ll guide you through the entire process, from the moment you file until you receive your green card.
How to Transition From TPS to a Marriage Green Card
Your path to a marriage green card depends on whether your spouse is a U.S. citizen or a green card holder. Let’s look at both options:
Path 1: If You’re Married to a U.S. Citizen
If your spouse is a U.S. citizen, you’ll apply for your marriage green card through the Adjustment of Status (AOS) process. This allows you to file for a green card while staying in the U.S.
Here’s what you’ll need to do:
- Your U.S. citizen spouse must file the I-130 Form (Petition for Alien Relative) to sponsor you.
- You will then file the I-485 Form (Application to Register Permanent Residence or Adjust Status) to apply for your green card.
As long as you show that your marriage is genuine (not just for immigration purposes), your green card will typically arrive within 6 to 12 months from when USCIS receives your forms.
Law and Visas will be with you every step of the way, helping you with interview preparation and document submission. Learn more about how we can assist you, or check your eligibility for free.
Path 2: If You’re Married to a Green Card Holder
If your spouse is a green card holder, the process is a bit more complicated. As of March 2023, the F-2A category (for spouses of green card holders) is no longer “current” due to application backlogs. This means you’ll have to wait for a visa number to become available before proceeding.
Here’s the process:
- Your spouse must file the I-130 Form (Petition for Alien Relative) on your behalf.
- Once the I-130 is approved, you must wait for a visa number to be available. This can take several months or longer.
If your visa number becomes available while your TPS is still active:
- You can stay in the U.S. and apply for your marriage green card through AOS by submitting the I-485 Form.
If your visa number becomes available after your TPS is terminated:
- You will need to leave the U.S. and apply through consular processing. This involves filling out the DS-260 Form (Immigrant Visa Electronic Application) and attending a consular interview in your home country.
Once your green card is approved, it will typically arrive within 6 to 12 months after your I-130 is received.
Important: If your green card holder spouse becomes a U.S. citizen while you’re waiting for your visa number, you can switch to the faster process for spouses of U.S. citizens (Path 1).
What if You Entered the U.S. Without Inspection?
If you entered the U.S. without inspection by a Customs and Border Protection (CBP) officer, it’s usually difficult to apply for a marriage green card through AOS. However, for TPS holders, there’s some good news: courts have ruled that receiving TPS status counts as being lawfully admitted to the U.S., even if you initially entered without inspection.
This means you may still be able to apply for a marriage-based green card without leaving the U.S., but only if you’re in certain areas (like the Ninth Circuit or Sixth Circuit).
Important: If you were admitted without inspection and live outside of these areas, or have a criminal history or deportation issues, it’s best to consult an immigration lawyer.
Special Considerations for TPS Holders
- If you entered the U.S. without lawful status, but you have TPS, you might qualify for a marriage green card.
- If your country loses TPS status, avoid overstaying your visa, as doing so could lead to being barred from reentering the U.S. for several years.
- If you were inspected by CBP at the time of your entry, Law and Visas can help you navigate your marriage green card application.
Eligibility to Apply for a Green Card Through Marriage
To apply for a Green Card through marriage, certain eligibility requirements must be met, focusing on the legitimacy of the marriage and the immigration status of both spouses.
Basic Requirements
- Marriage to a U.S. Citizen or Lawful Permanent Resident: The applicant must be legally married to either a U.S. citizen or a lawful permanent resident (Green Card holder).
- Legally Valid Marriage: The marriage must be recognized as valid under U.S. law and the law of the jurisdiction where it took place.
Proving a Bona-Fide Marriage
To demonstrate that the marriage is genuine and not solely for immigration purposes, applicants must provide substantial evidence. This includes:
- Joint Finances: Bank statements, tax returns, and shared financial responsibilities.
- Shared Household: Lease agreements or property ownership documents showing both spouses’ names.
- Children: Birth certificates of children born to the couple can serve as strong evidence of a bona fide relationship.
The U.S. Citizenship and Immigration Services (USCIS) scrutinizes these applications closely to prevent marriage fraud, which is why proving the authenticity of the relationship is critical
Can a TPS Holder Apply for a Green Card Through Marriage?
Temporary Protected Status (TPS) holders can indeed apply for a Green Card through marriage. They may adjust their status by filing Form I-485 while remaining in the U.S., provided they meet all eligibility criteria. TPS does not negatively impact eligibility for a marriage-based Green Card; however, applicants must ensure they entered the U.S. lawfully.
Adjustment of Status vs. Consular Processing
- Adjustment of Status: If the applicant is in the U.S., they can file Form I-485 to adjust their status without leaving the country.
- Consular Processing: If the applicant is outside the U.S., they will need to file Form DS-260 at a U.S. consulate.
Step-by-Step Process to Switch from TPS to a Marriage-Based Green Card
- Marriage: Ensure legal marriage to a U.S. citizen or Green Card holder.
- File Form I-130: The U.S. spouse submits this petition to establish the relationship’s legitimacy.
- File Form I-485: This form is for adjusting status based on marriage; it includes documentation such as proof of lawful entry and medical exams.
- Biometrics Appointment: Attend fingerprinting and background checks.
- Marriage-Based Green Card Interview: Prepare for questions regarding the marriage’s legitimacy.
- Approval and Green Card Issuance: If approved, the applicant receives either a conditional or permanent Green Card depending on the marriage duration.
Special Considerations for TPS Holders
TPS holders can adjust their status without leaving the U.S., which simplifies their application process 6. They should also be aware that if their TPS expires, it may affect their ability to work legally in the U.S., but they can still apply for a Green Card if they maintain lawful status during processing.
Challenges When Switching from TPS to a Marriage Green Card
Applicants may face challenges such as:
- Proving Lawful Entry: Essential even if undocumented entry occurred.
- Concerns Over Marriage Fraud: Avoid pitfalls by providing comprehensive evidence of a genuine relationship.
- Financial Support Requirements: Meeting income thresholds for affidavits of support is crucial.
How Long Does the Process Take?
The timeline for obtaining a marriage-based Green Card can vary significantly depending on several factors, including the relationship to the U.S. citizen or lawful permanent resident, the applicant’s location, and the complexity of the case.
Estimated Timeline for Filing Form I-130 and I-485
- Form I-130 Processing Time: The average processing time for Form I-130 (Petition for Alien Relative) is approximately 12 months. This form is essential as it establishes the legitimacy of the marriage.
- Form I-485 Processing Time: If applying for Adjustment of Status simultaneously (concurrent filing), the processing time for Form I-485 typically ranges from 6 to 12 months.
Overall, if the applicant is married to a U.S. citizen and is residing in the U.S., the total wait time is generally around 10 months. However, if married to a Green Card holder, this can extend to about 35 months, especially if applying from abroad.
Variations in Processing Time
Processing times can vary based on:
- Service Center: Different USCIS service centers have varying workloads and processing speeds.
- Case Complexity: More complex cases may require additional documentation or interviews, leading to longer processing times.
For instance, if the foreign spouse resides outside the U.S., processing times can range from 11 to 17 months, depending on consulate backlogs after approval of Form I-130.
Receiving the Green Card After the Interview
After attending an interview, applicants can expect to receive their Green Card within 2 to 3 weeks if approved. If married for less than two years at the time of approval, a conditional Green Card will be issued, which requires further steps to remove conditions after two years.
Legal and Financial Considerations
Consulting with an immigration attorney is crucial, especially in complex situations where legal nuances may arise. An attorney can help navigate potential pitfalls and ensure that all documentation is correctly submitted.
Costs Involved
The costs associated with applying for a marriage-based Green Card include:
- Filing Fees: Approximately $535 for Form I-130 and $1,140 for Form I-485.
- Attorney Fees: Vary widely but can range from $1,500 to $5,000 or more depending on the complexity of the case.
- Medical Exams: Required medical examinations can cost around $200 to $500.
Additionally, applicants must provide financial documentation proving they will not become a public charge. This typically involves submitting an Affidavit of Support (Form I-864) demonstrating sufficient income or assets.
Risks and Pitfalls to Avoid
Common mistakes that can lead to delays or denials include:
- Missing Documents: Ensure all required documents are submitted with applications.
- Filing Late: Adhere strictly to deadlines set by USCIS.
If faced with a denial or a request for additional evidence (RFE), it’s essential to respond promptly and thoroughly. Consulting an attorney can be beneficial in these situations.
After Receiving Your Green Card
Once granted a Green Card, permanent residents enjoy certain rights and responsibilities:
- They can live and work in the U.S., travel abroad, and sponsor certain relatives for immigration.
Applying for U.S. Citizenship
After holding a Green Card for at least five years (or three years if married to a U.S. citizen), individuals may apply for U.S. citizenship through naturalization.
Conditional Green Card
If issued a conditional Green Card due to a marriage duration of less than two years at approval, applicants must file Form I-751 within 90 days before the card expires to remove conditions.
Alternative Options If Marriage Green Card Is Not Feasible
If pursuing a marriage-based Green Card is not feasible due to various reasons (e.g., denied application), other immigration options may include:
- Family-Based Green Cards: For other relatives of U.S. citizens or lawful permanent residents.
- Employment-Based Visas: For individuals with job offers from U.S. employers.
If you’re considering switching from TPS to a marriage-based green card, or if you’re unsure of your eligibility, don’t hesitate to contact Law and Visas. Our experienced team can help you understand your options and provide expert guidance throughout the application process.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the United States straightforward and successful. Whether you’re applying for an Adjustment of Status or a V Visa, we handle every step—from preparing your application to gathering the required documents.
Our Immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process and coordinate with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need to visit the United States. You can call us today at +234 812 5505 986 to learn how we can help you.
