Immigration 101
A marriage-based green card allows a foreign spouse of a U.S. citizen or lawful permanent resident to live and work in the U.S. as a lawful permanent resident. Here’s a simplified guide to help you understand the basics of the process.
Adjustment of Status (AOS): For spouses already in the U.S. who entered legally, they can apply without leaving the country.
Consular Processing: For spouses outside the U.S., they can apply through a U.S. embassy or consulate in their home country.
Submit Forms: The U.S. spouse files Form I-130, and the foreign spouse files Form I-485 if adjusting status in the U.S.
Biometrics: USCIS schedules an appointment to collect the foreign spouse’s fingerprints and photo.
Interview: Both spouses usually attend an interview to prove the marriage is genuine.
Receive Green Card: If approved, the green card is mailed. If the marriage is under two years, the foreign spouse receives a two-year conditional green card.
Ensure all forms are filled out completely and accurately.
Provide strong evidence of a genuine marriage, like joint bank statements, leases, and photos.
Submit the latest version of each form with the correct fee.
The marriage-based green card process requires careful planning and documentation, but it can be straightforward if you follow each step. Preparing documents early and providing thorough evidence can help make the process smoother.
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Marriage-Based Green Card 101:
A Comprehensive Guide
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Applying for a marriage-based green card is one of the most common paths for foreign nationals married to U.S. citizens or lawful permanent residents to achieve lawful permanent residency in the United States. This guide will provide a comprehensive overview of how the marriage-based green card process works, including eligibility requirements, key forms, processing steps, and frequently asked questions.
What is a Marriage-Based Green Card?
A marriage-based green card allows a foreign national spouse of a U.S. citizen or lawful permanent resident to live and work permanently in the United States. The green card provides lawful permanent resident (LPR) status, which includes the right to work, travel freely, and, in most cases, eventually apply for U.S. citizenship.
Eligibility Requirements
To be eligible for a marriage-based green card, applicants must meet several criteria:
Valid Marriage: The couple must be legally married, with a valid marriage certificate as proof. Common-law marriages may qualify if recognized as legal in the jurisdiction where the marriage was established.
Bona Fide Marriage: The marriage must be genuine and not entered into solely for immigration benefits. USCIS requires proof of a bona fide relationship, such as shared financial accounts, joint leases or mortgage statements, and photos together.
Sponsoring Spouse’s Status:
U.S. Citizen: If the sponsoring spouse is a U.S. citizen, the foreign spouse is considered an immediate relative, meaning there are no visa number limits, which can make the process faster.
Lawful Permanent Resident (LPR): If the sponsoring spouse is an LPR, the foreign spouse falls under the family preference category, which may require a wait for a visa number to become available.
No Major Inadmissibility Issues: Some applicants may be inadmissible due to criminal history, past immigration violations, or health-related grounds. However, some grounds of inadmissibility may be waived depending on individual circumstances.
Paths to a Marriage-Based Green Card
There are two primary pathways for obtaining a marriage-based green card:
Adjustment of Status (AOS): This option is for foreign nationals already in the U.S. on a valid visa who entered the country legally. They can file for a green card without having to leave the U.S. and re-enter.
Consular Processing: This option is for foreign nationals who are outside the U.S. or do not qualify for adjustment of status. They attend an interview at a U.S. embassy or consulate abroad to receive an immigrant visa, allowing them to enter the U.S. as a green card holder.
Key Forms and Documents
The following forms are required in most marriage-based green card cases:
Form I-130 (Petition for Alien Relative): The U.S. citizen or LPR spouse files this form to establish the validity of the marriage and the relationship. It includes basic biographical information and requires supporting documents like marriage certificates and proof of the sponsoring spouse’s status.
Form I-485 (Application to Adjust Status): For applicants within the U.S. applying through adjustment of status, this form is used to request a change from their current status to that of a permanent resident.
Form DS-260 (Online Immigrant Visa Application): For applicants outside the U.S. using consular processing, this online form is used to apply for an immigrant visa.
Form I-864 (Affidavit of Support): The sponsoring spouse must demonstrate they can financially support the applicant at or above 125% of the federal poverty level. This form may require tax returns, pay stubs, and proof of income.
Form I-693 (Report of Medical Examination and Vaccination Record): A medical exam is required for adjustment of status and consular processing applicants to ensure they meet U.S. health standards.
Form I-765 (Application for Employment Authorization) and Form I-131 (Application for Travel Document): For applicants undergoing adjustment of status, these forms allow the applicant to work and travel while their green card application is pending.
The Marriage-Based Green Card Process
The process varies slightly depending on whether the applicant is inside or outside the U.S. Here’s a step-by-step overview of each path:
For Applicants in the U.S. (Adjustment of Status)
File Form I-130 and Form I-485: If eligible, the foreign spouse can file these forms together (known as concurrent filing), expediting the process.
Biometrics Appointment: USCIS schedules a biometrics appointment, where the applicant’s fingerprints and photographs are taken for background checks.
Interview: Most applicants will attend an interview with their spouse at a local USCIS office to verify the authenticity of the marriage. Both spouses should bring documentation of their relationship, such as joint bank accounts, bills, and photos.
Approval: If the interview goes well, USCIS may approve the application, and the green card will be mailed. If the marriage is less than two years old, the green card will be conditional and valid for two years.
For Applicants Outside the U.S. (Consular Processing)
File Form I-130: Once approved by USCIS, the National Visa Center (NVC) processes the case and forwards it to the U.S. consulate or embassy in the applicant’s country.
Complete DS-260 and Submit Civil Documents: The applicant fills out Form DS-260 online and submits documents to the NVC.
Medical Exam: The applicant must complete a medical exam with a physician authorized by the consulate.
Consular Interview: At the consulate, the applicant and their spouse may be asked about their relationship and plans together. The consular officer will assess the bona fides of the marriage.
Entry to the U.S.: If approved, the applicant receives an immigrant visa, allowing them to travel to the U.S. as a green card holder. The green card will arrive shortly after their arrival in the U.S.
Conditional vs. Permanent Green Card
If the marriage is less than two years old when the green card is granted, the foreign spouse receives a conditional green card valid for two years. To transition to a permanent 10-year green card, the couple must file Form I-751 (Petition to Remove Conditions on Residence) within the 90 days before the conditional green card expires. This process confirms that the marriage is still bona fide.
Processing Times and Fees
Frequently Asked Questions
If a marriage ends before the green card is issued, the application may be denied. USCIS requires proof of a continuing, bona fide marriage.
Yes, if they file Form I-765 for employment authorization alongside Form I-485 (adjustment of status), they may work once the EAD (Employment Authorization Document) is approved.
Use consular processing. File Form I-130, and once approved, complete the steps with the NVC and the consulate.
Final Thoughts
The marriage-based green card process requires careful planning and documentation but can be smooth if approached correctly. If you’re unsure about eligibility or require guidance, consulting an immigration attorney can be invaluable for peace of mind and ensuring a successful application.
Learn essential U.S. immigration terms with our easy-to-understand guide. From green cards to asylum, master the language of immigration and make informed decisions. Perfect for those navigating the immigration process or seeking clarity on complex terms.
The Affidavit of Support is a critical part of the marriage-based green card application, showing the sponsor’s ability to support the immigrant. Following the financial guidelines and submitting complete documentation can help you avoid delays.
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