General Process and Eligibility

Yes, you can apply for a marriage-based green card if you got married while on a tourist visa, but it requires careful consideration. The main concern is proving that you did not intend to misuse your tourist visa to immigrate when you initially entered the U.S. The U.S. immigration authorities are wary of visa fraud, so if you marry and then immediately file for a green card, they may scrutinize whether you had pre-planned intentions to immigrate.

It’s often best to wait a few months before applying, to show that the marriage wasn’t planned before your entry. If done correctly, you can adjust your status within the U.S. without leaving, allowing you to remain with your spouse while the green card application is processed.

The process for applying for a green card through marriage involves several key steps. First, your U.S. citizen or permanent resident spouse files Form I-130, Petition for Alien Relative, to establish your relationship. If you’re already in the U.S., you may also file Form I-485, Adjustment of Status, to apply for your green card at the same time.

If you’re abroad, you’ll go through consular processing, which means waiting for your I-130 approval and then applying for an immigrant visa at a U.S. consulate. Throughout the process, you’ll need to provide supporting documents, attend a biometrics appointment, and eventually, you and your spouse will attend an interview to demonstrate your relationship is genuine. After approval, you’ll receive your green card, allowing you to live and work in the U.S. permanently.

To apply for a marriage-based green card, you’ll need to gather several important documents to prove your eligibility and the authenticity of your relationship. Key documents include a government-issued marriage certificate, proof of your spouse’s U.S. citizenship or permanent residency (like a birth certificate or green card), and evidence showing that your marriage is genuine. This evidence can include photos together, joint bank accounts, leases, and affidavits from friends or family.

You’ll also need passport-style photos, copies of your birth certificates, and proof of any prior marriage terminations, if applicable. Depending on your situation, you might also need additional documents like financial records to show your sponsor meets income requirements. Properly organizing and submitting these documents is essential for a smooth green card application process.

To apply for a marriage-based green card, there are several steps you need to follow. First, you’ll need to file Form I-130, Petition for Alien Relative, to establish your relationship with your spouse. If you are in the U.S., you can often file Form I-485, Adjustment of Status, at the same time to apply for the green card itself. If you are outside of the U.S., you will go through consular processing, which involves working with a U.S. embassy or consulate in your country. You’ll also need to submit supporting documents like proof of your marriage (such as a marriage certificate, photos, and joint financial documents).

Later in the process, you and your spouse will attend an interview to demonstrate that your marriage is genuine. The process can take anywhere from several months to over a year, depending on your circumstances and where you apply.

To be eligible for a marriage-based green card, you must be married to either a U.S. citizen or a lawful permanent resident (green card holder). The marriage must be legally valid and recognized in the place where it occurred, and both spouses must demonstrate that the marriage is genuine—not just for immigration benefits. If you’re married to a U.S. citizen, you can apply for a green card whether you’re inside or outside of the U.S. If you’re married to a green card holder, your eligibility may also depend on visa availability, which can impact how long you wait for approval.

Additional requirements include passing background checks and not having certain criminal records or immigration violations. Understanding these criteria is key to navigating the green card process successfully.

A marriage-based green card allows a foreign spouse of a U.S. citizen or permanent resident to live and work permanently in the United States. It’s a type of family-based immigration that’s meant to unite spouses and build a life together in the U.S. To qualify, you need to prove that your marriage is legitimate and not solely for immigration purposes. The process involves submitting an application with supporting documents, attending an interview, and demonstrating the genuineness of your relationship. A marriage-based green card can be conditional if you’ve been married for less than two years, requiring you to file for removal of conditions later on.

Whether you’re just starting the application process or have questions about eligibility, understanding how green cards through marriage work is the first step to beginning your life together in the U.S.