FAQs

How much does it cost to apply for a marriage-based green card?

The cost to apply for a marriage-based green card includes several fees. For most applicants in the U.S., the main costs are the USCIS filing fees: Form I-130 ($625 online filing; $675 paper filing) and Form I-485 ($1,440), totaling $2,115. If applying from outside the U.S., you’ll pay the I-130 fee and a consular processing fee of around $325, plus a $120 fee for the Affidavit of Support, which brings the total to about $1,070.

Additional costs can include medical exam fees, translation services, passport photos, and potential attorney fees if you hire a lawyer to help with your case. These costs can vary, but it’s important to budget for the entire process to avoid surprises.

What happens if my marriage ends before I get a permanent green card?

If your marriage ends before you receive a permanent green card, you may still be able to stay in the U.S., but it requires taking additional steps. If you have a conditional green card and your marriage ends in divorce or annulment, you can file Form I-751 with a request for a waiver of the joint filing requirement. You will need to provide strong evidence that your marriage was genuine, even though it ended. This might include joint financial documents, proof of cohabitation, and statements from people who can attest to your relationship’s authenticity. USCIS will review your case carefully, and you may need to attend an interview to further explain your circumstances. It’s critical to show that the marriage was entered in good faith and not for immigration purposes.

How do I remove conditions on my green card after 2 years?

To remove conditions on your marriage-based green card after two years, you’ll need to file Form I-751, Petition to Remove Conditions on Residence. This must be done within the 90-day period before your conditional green card expires. You and your spouse will need to provide evidence that your marriage is still genuine, such as joint financial records, photos, lease agreements, and other proof of your life together.

If your marriage has ended due to divorce or other reasons, you may still apply for a waiver of the joint filing requirement by showing that your marriage was entered in good faith. After submitting Form I-751 and supporting documents, USCIS will review your case, and you may need to attend an interview before receiving your 10-year permanent green card.

What is a conditional marriage-based green card?

A conditional marriage-based green card is a temporary green card issued to spouses who have been married for less than two years at the time their application is approved. This conditional green card is valid for two years and is intended to ensure that the marriage is genuine and not just for immigration benefits. Before the two-year period ends, you and your spouse must jointly file Form I-751, Petition to Remove Conditions on Residence, to prove that your marriage is still valid and to obtain a permanent green card.

Removing conditions is an important step that transforms your temporary residency into a permanent one, allowing you to live and work in the U.S. without further time limits.

Can I Use Assets to Meet the Income Requirement?

Yes, you can use assets to help meet the income requirement for a marriage-based green card if your income alone doesn’t meet the threshold. Assets can include cash, savings accounts, property, stocks, or other valuable resources that can be easily converted into cash within a year. To determine if your assets are enough, their combined value must equal at least three times the difference between your income and the required 125% of the federal poverty level. For example, if you’re $5,000 short of the income requirement, you’ll need assets worth at least $15,000. For spouses of green card holders, the requirement is higher—assets must be five times the shortfall. Proper documentation of the assets’ value and proof of ownership is crucial when using this option.

Can I Use a Household Member to Meet the Income Requirement?

Yes, you can use a household member to help meet the income requirement for sponsoring your spouse for a marriage-based green card. This is known as using a “household member co-sponsor,” and they must be willing to contribute their income or assets to meet the 125% of the federal poverty level requirement. The household member must be living with you and willing to sign Form I-864A, Contract Between Sponsor and Household Member, which legally commits them to financially support the sponsored immigrant if necessary. Common household members used for this purpose include parents, siblings, or adult children living at the same address. This is a helpful option if the primary sponsor doesn’t meet the income requirement on their own.