If you’re married to a U.S. military service member, and you’re wondering how to bring your non-U.S. spouse to live and work in the United States, a marriage green card is the solution. A marriage green card allows your spouse to permanently reside and work anywhere in the U.S., with a potential path to U.S. citizenship within 3 to 5 years.
However, the process of getting a marriage green card can be complicated. This guide provides all the important details you need to know about the timeline, cost, eligibility, and step-by-step process for obtaining a military spouse green card. Let’s dive in!
How Long Does the Process Take?
The time it takes to get a marriage green card depends on whether your spouse is applying from within the U.S. or abroad. Generally, you can expect the process to take around 9.3 months, although delays may occur. For spouses of U.S. citizens, the process is often faster compared to those married to green card holders, who may face additional delays due to visa number availability.
Important Updates (March 2023)
The April 2023 Visa Bulletin introduced significant changes to the family-based immigration process for spouses and children of U.S. green card holders. There are now backlogs, meaning spouses and children of U.S. green card holders may face longer wait times, especially for applicants from countries like Mexico. The “Final Action Dates” that determine when applications can be processed have been delayed, so the waiting time for a green card could be longer for certain individuals.
Cost of the Military Spouse Green Card
The government fees for applying for a marriage green card range between $1,340 and $3,005, depending on where your spouse resides at the time of application. Additionally, a medical examination is required, which can cost anywhere from $100 to $500.
Wondering how much you’ll need to pay? Law and Visas provides a useful USCIS fee calculator that can help you estimate the exact costs for your marriage green card application. You can also pay in installments, making it easier to manage your finances during the application process.
Eligibility Requirements
Before you begin the application, ensure you meet the necessary eligibility criteria for a military spouse green card. Both the sponsoring spouse (the U.S. citizen or green card holder) and the spouse applying for the green card need to fulfill certain requirements.
For the Military Spouse Sponsoring the Application:
- Be a U.S. citizen or green card holder
- Earn at least 100% of the poverty guidelines for your household size
- Agree to financially support your spouse
- Not have committed certain types of crimes
For the Spouse Seeking the Green Card:
- Prove your identity, nationality, and immigration status, if applicable
- Not have committed certain types of crimes or immigration violations (or apply for a waiver)
For Both Spouses:
- Prove the authenticity of the marriage
- Provide proof of the termination of any previous marriages
- Submit supporting documents, including military service records
How to Apply for a Military Spouse Green Card
The process of applying for a military spouse green card involves several steps. The first step is determining which process applies to your situation based on whether you are applying from within the U.S. or abroad, and whether the sponsoring spouse is a U.S. citizen or a green card holder.
When Both Spouses Live in the United States:
You will apply for an “Adjustment of Status.” This allows the spouse seeking the green card to stay in the U.S. while waiting for approval. Spouses of U.S. citizens do not need to maintain valid immigration status while waiting for approval. If the sponsoring spouse is a green card holder, the spouse seeking a green card should maintain legal status while waiting.
When the Spouse Seeking a Green Card Lives Abroad:
You will go through “Consular Processing.” This process involves applying at a U.S. consulate or embassy in the spouse’s home country.
When Both Spouses Live Abroad:
You can begin the process at an international USCIS office (if available) or apply through a U.S. consulate or embassy.
Steps to Apply:
- Prove the Marriage is Valid: Both spouses must show that the marriage is legitimate and provide supporting documentation.
- Apply for the Green Card: Submit the necessary forms and prove that the sponsoring spouse can financially support their partner.
- Attend an Interview: The U.S. government will conduct an in-person interview to assess the authenticity of your marriage.
- Wait for Approval: After the interview, you will wait for your application to be approved, and you’ll receive your green card.
The Green Card Interview
The green card interview is conducted to assess whether your marriage is genuine. If the marriage is legitimate, you have nothing to worry about. The location of the interview will depend on where you are applying from.
- If you’re applying from within the U.S.: You’ll attend an interview at your local USCIS office. Both spouses must be present unless the U.S. military spouse is deployed. In that case, the spouse applying for the green card can attend alone but must bring proof of the spouse’s deployment, such as official orders or a letter from the commanding officer.
- If applying from abroad: The spouse seeking the green card will attend the interview at the U.S. consulate. In most cases, only the spouse seeking the green card will attend.
What Happens After the Interview?
Once your green card application is approved, the physical card will arrive within 2–3 weeks (if applying from within the U.S.) or once your spouse enters the U.S. (if applying from abroad).
Temporary vs. Permanent Green Cards
- Conditional Green Card (if married for less than 2 years): This type of green card is valid for 2 years. You must apply to remove the conditions before it expires, and you’ll attend a second interview.
- Permanent Green Card (if married for at least 2 years): This type is valid for 10 years. Renewing it is usually a simple process and doesn’t require proving the marriage again.
Path to U.S. Citizenship
After holding a green card for 3–5 years, you may be eligible to apply for U.S. citizenship. If the U.S. military spouse is stationed abroad, you may also qualify for expedited or overseas naturalization.
Frequently Asked Questions (FAQs)
How Much Does It Cost to Apply for a Military Spouse Green Card?
The application fee is between $1,340 and $3,005, depending on where you apply. Don’t forget to factor in the cost of the medical exam, which can range from $100 to $500.
How Long Does It Take to Get a Military Spouse Green Card?
The process can take anywhere from 10 to 38 months, depending on where you apply. The timeline may be longer for spouses of green card holders due to the need for a visa number.
Can I Attend the Interview Without My U.S. Citizen Spouse if They Are Deployed?
Yes, you can attend the interview without your spouse if they are deployed. Just bring proof of the deployment, such as official military orders or a letter from their commanding officer.
How Do I Get Citizenship Through the Military?
If you’re a foreign-born member of the U.S. military, you may be eligible for expedited citizenship. Visit the USCIS website for more details on the application process.
Am I Eligible for U.S. Citizenship as a Military Spouse?
If your U.S. citizen spouse is stationed abroad, you may be eligible for expedited naturalization. You must be at least 18 years old and prove that your spouse will be deployed overseas for one year or more.
Getting a green card for a military spouse can be a long but rewarding process. Understanding the timeline, costs, and requirements is essential for a smooth application. If you need help navigating the process, Law and Visas offers expert guidance to help you through every step. Whether you’re applying from the U.S. or abroad, following the right process and submitting the required documents will increase your chances of success.
Don’t hesitate to reach out if you have any questions or need assistance with your application. With careful planning, your military spouse green card journey can lead to a new chapter of life in the United States.
