A marriage green card allows the spouse of a U.S. citizen or a lawful permanent resident (green card holder) to live and work in the United States. After receiving the green card, the spouse can also apply for U.S. citizenship after three years, depending on the marriage status.
Key Points to Remember
- Processing time: On average, it takes about 9.3 months to get a marriage green card.
- Cost: The fee for applying is $3005 for couples living in the U.S. and $1340 for couples living abroad.
- First step: The sponsoring spouse must file Form I-130 to prove that the marriage is real.
Step-by-Step Guide to Getting a Marriage Green Card
File Form I-130: The U.S. citizen or green card holder spouse files Form I-130, known as the “Petition for Alien Relative,” to establish the legitimacy of the marriage.
Apply for the Green Card:
- If you are in the U.S., you will file Form I-485 to adjust your status.
- If you are outside the U.S., you will file Form DS-260 through consular processing.
Attend the Interview and Wait for Approval:
- If married for less than 2 years, you’ll receive a conditional green card.
- After 2 years, you’ll need to apply to remove the conditions, and the spouse will receive a 10-year green card.
- After another year, you can apply for U.S. citizenship.
Is it Hard to Get a Marriage Green Card?
The process can be lengthy and requires several documents and an interview. Couples must prove their marriage is genuine. If the process is straightforward, it should be easier, but more complex cases may take longer.
Key Documents You’ll Need
- A legal marriage certificate.
- Proof of previous divorces (if applicable).
- Evidence of legal entry into the U.S. (if the foreign spouse is living in the U.S.).
- A birth certificate of the foreign spouse.
- Proof of U.S. citizenship or green card holder status for the sponsoring spouse.
- Documents showing the marriage is real, such as joint bank accounts or photos together.
How Long Must You Be Married to Get a Green Card?
There is no required minimum marriage length, but shorter marriages might be scrutinized more. The focus is on whether the marriage is genuine, not just how long it has lasted.
Marriage Green Card Processing Times
The total processing time averages 9.3 months, but this can vary depending on whether you’re married to a U.S. citizen or a green card holder.
Can My Spouse Apply for Citizenship After Getting a Green Card?
Yes, typically after three years of marriage to a U.S. citizen, the foreign spouse can apply for naturalization (citizenship). This is called the “three-year rule.” If the spouse is a green card holder, the regular five-year rule applies.
Cost of a Marriage Green Card
- $3005 for couples living in the U.S.
- $1340 for couples living abroad.
- This cost does not include the medical exam, which can range from $200 to $500.
The Green Card Process Explained
Step 1: Establish the Marriage (Form I-130)
The U.S. citizen or green card holder spouse files Form I-130, also known as the “Petition for Alien Relative.” The primary goal is to prove the marriage is valid. The sponsor must provide supporting documents, such as:
- Proof of citizenship or permanent residency.
- A marriage certificate.
- Evidence the marriage is genuine (e.g., joint bank accounts, shared lease).
Step 2: Apply for the Green Card (Form I-485 or Form DS-260)
- If in the U.S.: File Form I-485 (Adjustment of Status) with USCIS. This can usually be filed with Form I-130 (called concurrent filing).
- If outside the U.S.: File Form DS-260 for consular processing.
Step 3: Attend the Interview and Wait for Approval
After filing, the couple must attend an interview where the authenticity of the marriage will be assessed. If everything checks out, the spouse will receive the green card.
What Happens After the Green Card Is Approved?
- If married for less than 2 years, the spouse gets a conditional green card. The couple must file Form I-751 to remove the conditions.
- If married for over 2 years, the spouse gets an immediate relative green card, which is valid for 10 years.
Can You Work with a Marriage Green Card?
Yes, once you receive the green card, you can work in the U.S. While waiting for your green card to be processed, you can apply for a work permit using Form I-765.
Common Reasons for Green Card Denial
- Lack of evidence that the marriage is real.
- Criminal history.
- Incomplete forms or missing documents.
- Immigration violations or marriage fraud.
Can You Travel with a Marriage Green Card?
Yes, after receiving your green card, you can travel outside the U.S. but avoid leaving before approval. Doing so may cause your application to be denied.
The marriage green card process can be complex, but it offers a path to living and working in the U.S. with your spouse. If you’re unsure about the process or need help navigating it, consider working with an immigration expert to guide you through the steps.
FAQs
- Can I apply if my spouse lives outside the U.S.? Yes, the process is called consular processing.
- How long do I need to stay married to keep my green card? You must stay married to keep your conditional green card, and you must file to remove the conditions before it expires.
- Do I need a sponsor for my marriage green card? Yes, your U.S. citizen or green card holder spouse must sponsor you.
By following the steps outlined in this guide and ensuring you meet all requirements, the process of obtaining a marriage green card should be much clearer and more manageable.
