A marriage green card allows the foreign spouse of a U.S. citizen or legal permanent resident (green card holder) to become a permanent resident in the U.S. It allows them to live and work anywhere in the US and become U.S. citizens if they want to, typically after three years of marriage to a U.S. citizen.
In this article, you’ll learn step-by-step how to apply for a marriage green card, when to expect, how much it costs, what documents you will need, and any obstacles you might face along the way.
Facts You Need To Know About Marriage Green Cards:
Eligibility Criteria:
You have to have one spouse who is a U.S. citizen or green card holder (green card holder).
They can’t be separated from one another (no minimum marriage term).
This marriage must be real, that is, it is not arranged just for the green card.
Processing Time:
The process of a marriage green card takes on average 9.3 months from application to issuance. But the process can take time depending on the applicant’s own particular situation like the applicant’s where and the difficulty of the case.
Costs:
Government filing fees for a marriage green card are:
$3,005 for couples living in the US.
$ 1,340 for a married couple where one or both parents are working abroad.
They must pay also for a medical exam (usually $200-$500).
Note: These fees are not legal/professional fees which might apply if you hire an immigration attorney or service provider.
Important Forms:
I-130 (Petition for Alien Relative): Made by the U.S. citizen/permanent resident spouse to establish the relationship and get the green card.
I-485 (Application to Adjust Status): Prepared by the spouse who wants the green card if they are already in the US.
DS-260 (Immigrant Visa Application): When the foreign spouse is at home in the US and seeking a green card through consular processing.
The Pro-Answers to Obtaining a Marriage Green Card:
Step 1: Establish the Marriage Relationship (Form I-130)
If the US citizen/green card holder (the “sponsor”) wants to apply for a marriage-based green card first, they have to submit Form I-130 (Petition for Alien Relative) to U.S. Citizenship and Immigration Services (USCIS). It’s a document that certifies the marriage and the couple is in a real relationship.
Key Documents Required to Attach to I-130:
Proof of U.S. Citizenship or Permanent Resident status: Sponsor’s U.S. birth certificate, passport or green card.
Copy of the Marriage Certificate: A duplicate copy of the marriage license.
Existing Previous Marriages Ending: If both of you were married, bring divorce decrees or death certificates to prove that the previous marriage ended.
Evidence of Real Marriage: This is the big one. There may be joint bank accounts, leases, photos, shared insurance policies, and witness affidavits by friends and family who can testify to the relationship.
The I-130 application will be processed and USCIS will email the sponsor an acknowledgment receipt, within two weeks. For more documentation, USCIS can issue an RFE (Request for Evidence), which generally takes months to process. It usually takes about 12 months for USCIS to decide the I-130 petition.
2. Request the Green Card (Form I-485 or Form DS-260)
After the I-130 petition is granted, depending on whether the foreign spouse lives in the United States or not, the next step will vary.
A. If the Emigrant Spouse Lives in the U.S. (Meaningful Revision)
The spouse for whom the green card is sought is legally in the US and can request an adjustment of status (Form I-485 (Application to Adjust Status) with USCIS).
Multiple Filings: Most of the time, if the spouse is within the U.S., you can combine the filing of I-130 and I-485. That’s called “concurrent filing”. Concurrent applications are faster to file, between 10 to 23 months, per USCIS.
Required Documents for I-485:
Attestation of citizenship and identity (biography, photo page of passport).
Documents for legal presence in the U.S. (I-94 travel record, visa).
Check with a USCIS-licensed doctor.
I-864 (Affidavit of Support) : documenting that the U.S. citizen or green card holder is financially in control of the spouse.
Documents of income such as job stubs or income tax returns.
B. If the Foreign Husband/Wife Is Located Outside of the U.S. (Consular Processing)
Then the spouse’s case needs consular processing if the husband lives outside the U.S. That entails sending an application to the National Visa Center (NVC), which processes the case and forwards it to the U.S. embassy or consulate in the spouse’s country of origin for an interview.
Required Documents for Consular Processing:
Documents of marriage (co-option): copy of the husband’s birth certificate and passport.
Attestation that the sponsor can afford to support the wife (Form I-864, tax returns).
Birth certificate of the spouse from the nation of the wife’s origin.
Medical examination.
Once NVC is approved, the alien husband or wife will be interviewed in the US embassy or consulate. When the wife is accepted they are issued an immigrant visa, and they can visit the US, where their green card is sent to their U.S. address.
Step 3: Go for the Green Card Interview and Wait For Approval.
The last stage of green card application is the green card interview. This interview is conducted by USCIS (for applicants in the U.S.) or a consular officer (for applicants outside the U.S.). The purpose of the interview is to check if the marriage is not an illegal one entered into for the sake of immigration.
Common Questions in the Interview:
How did you meet?
What was the first date like?
What are your husband/wife’s favorite foods or interests?
Where are you in 5 years?
The foreign spouse is then issued a green card if the officer feels the marriage is true. But if the officer doesn’t have confidence or the answers are contradictory, then the case gets postponed or rejected.
Post-Green Card: Conditional vs. Permanent Status
Once the green card has been issued, the green card will last based on how long the marriage is:
Conditional Green Card (More than 2 Years of Marriage):
The foreign spouse will receive a conditional green card, which is two years in duration if they have not been married for less than two years at the time of the green card award.
If the couple wants the conditions removed and is interested in a permanent green card, they can apply for a form I-751 (Petition to Remove Conditions on Residence) 90 days before the conditional green card is due.
Permanent Green Card (Other Than 2 Years of Marital Status):
If they are married for two or more years, the spouse gets a 10-year green card.
Becoming a U.S. Citizen
If a foreign spouse is married to a US citizen and has a green card for three years, he or she may petition for U.S. citizenship on Form N-400 (Application for Naturalization). Requirements include:
18 months or more of physically being in the US in the past 3 years.
Remainder of residence with the US citizen wife.
Qualities of moral character during the stay.
Some of the Possible Obstacles to a Marriage Green Card :
This is easy for most couples but, for some applicants, it might be more difficult:
Proof that the marriage is true: Immigration officials will check for any proof of the marital truth, including the couple’s life together (income, kids, assets). Candidates must demonstrate clearly and convincingly.
Time Delays and RFEs: If needed documents are not in place or USCIS feels there’s been fraud, it may give you an RFE. That can take months.
Interviews: When you have inconsistent answers or if there is no real connection with the person in the interview, they may deny you.
Pairs with complicated cases: Couples with complicated cases (e.g., divorces, arrest history, previous immigration cases) can seek help from an immigration lawyer to assist them more smoothly.
What Happens After You Get A Marriage-Based Green Card?
Once you have your marriage-based green card, the next steps are based on how long you have been married at the approval. The green card you get is conditional or permanent, based on the length of time that your U.S. citizen or lawful permanent resident spouse has worked.
If You Have Only Been A Married Couple For Less Than Two Years:
You will get a conditional green card (CR1) if your marriage is less than two years old when your green card is approved. Green cards that are subject to condition are good for just two years. If you wish to remain a permanent resident, you and your spouse must file Form I-751 (Petition to Remove Conditions on Residence) in the 90 days immediately before your conditional green card runs out.
What’s the Purpose of Form I-751? It is a Form I-751 petition that shows your marriage was real and not just for immigration. This is a time when USCIS will reconsider your relationship and you might have to provide more proof of your current marriage and go back for an interview.
What Happens When Form I-751 Is Filled? You will be granted a 10-year permanent green card after your petition has been approved and you won’t need to submit to the removal of conditions every 2 years anymore.
If You’ve Been married more than 2 years:
You’ll receive an IR1 (Immediate Relative) Green Card if you and your spouse are already married for more than two years when your green card is granted. It is a lifelong green card with 10 years.
Never Have to Represent Your Marriage’s Genuineness: IR1 holders don’t have to file an I-751 petition or establish the marriage’s legitimacy again like conditional green card holders. It’s pretty easy to renew this 10-year green card and there’s no further interview or extra proof of your marital legitimacy required.
Naturalization (Becoming a U.S. Citizen)
If you are a permanent resident on a marriage-based green card, you may become a U.S. citizen after three years of permanent residence in the U.S. That is much quicker than the normal five-year residency period for other green card holders.
Eligibility for Naturalization:
You must have been married to your US citizen spouse for the entire 3 years.
Your wife needs to have been a U.S. citizen for the full three-year period.
You must also be morally good and otherwise qualify.
Once you meet the residency and other requirements, you can file Form N-400 (Application for Naturalization) to apply to become a U.S. citizen.
Marriage Green Card FAQs
1. Can I Work In The United States with A Marriage Green Card?
Yes! Once you have your marriage green card, you can work in the US. For a green card that you are attempting to get and want to work during the process, you can apply for a work permit (EAD, Employment Authorization Document) on Form I-765. EAD, Once approved you can work while you await your green card.
2. How long after I marry a US citizen can I work?
You start working on the same day your marriage green card is approved. Work authorization Form I-765 if you must work before you get your green card.
3. Which papers do I have to submit for a marriage green card?
If you are applying from the U.S.: Form I-130 (Petition for Alien Relative), Form I-485 (Application to Adjust Status), and documents (birth certificate, passport photo, proof of marriage, proof of legal status in the United States).
If you’re not coming from the U.S.: You will submit Form I-130, Form DS-260 (Immigrant Visa Application), and documents such as birth certificate, marriage certificate, police clearance, and medical exam results.
4. And how long do you have to be married to keep your green card?
You got a conditional green card (two-year validity) and had to stay married and complete Form I-751 in the 90 days before your conditional green card runs out to clear the conditions. You have an IR1 permanent green card; there is no limit on the number of years you need to remain married, but you will need to keep a legitimate and valid marriage.
5. Is there a sponsor for a marriage green card?
You have to get sponsored (the first form I-130) by your U.S. citizen or lawful permanent resident spouse to initiate green card proceedings.
6. After marriage, does a green card come as a given?
Not if you marry a US citizen or permanent resident. You have to apply, complete the paperwork, sit in for interviews, and document that you’re married.
7. How does USCIS investigate marriages?
USCIS searches marriages to ensure that it is real and not a cover to get around immigration regulations. It can include reading the submitted documents, asking them questions about life together, and sometimes having separate interviews with both spouses to validate whether the marriage is genuine.
8. So how many interviews do you have to get a green card marriage?
Couples will only need to go for one interview together, usually through USCIS or a U.S. Embassy/consulate. But you might have to attend additional interviews if USCIS is worried that the marriage is fake.
9. Can I get a marriage green card and go overseas?
So you are allowed to move out of the U.S. with a marriage green card. But don’t go out while your green card application is in the works, USCIS will probably believe you dropped your application and you’ll be denied.
10. If I get divorced before I am issued my marriage green card.
You’ll get rejected if the marriage is annulled before the green card is approved because the marriage no longer counts as bona fide. If you’re going through a divorce and already have your green card application filed, you can do it under certain conditions, but this is complicated and generally should be sought out by a lawyer.
11. My green card is terminated if I am divorced.
Divorce does not mean you lose your green card, but it can be tricky. Recipients of conditional green cards might have to resubmit more information about the marriage to establish its legitimacy. : You can usually keep your 10-year green card even after a divorce.
The marriage green card can result in U.S. permanent residence and citizenship, but there are certain conditions and timelines to be adhered to. There are several steps, documents, and even interviews between getting the green card and eventually becoming a U.S. citizen. In the U.S. or abroad, you need to know the process and send all necessary documentation on time.
