Marriage based Green Cards, Explained

Process to get a Green Card through marriage

Understanding the marriage based green card

A marriage-based green card allows the spouse of a U.S. citizen or green card holder to live and work throughout the United States. This status grants "permanent resident" rights, which can be maintained until the individual opts, if desired, to apply for U.S. citizenship after three years of marriage.

How to get a marriage based Green Card?

1. Establishing the Marriage Relationship: The process kicks off with the U.S. citizen spouse filing Form I-130, officially establishing the marital relationship with the foreign national spouse.

2. Applying for the Green Card: Depending on whether the foreign national spouse resides in the U.S. or abroad, there are two routes to apply for the green card. If they are already in the U.S., they can file for adjustment of status using Form I-485. Alternatively, if they are residing abroad, they'll need to complete Form DS-260.

3. Attending the Green Card Interview: Once the paperwork is processed, the couple is summoned for a green card interview. This interview is crucial, as it allows immigration officials to verify the authenticity of the marriage and assess the eligibility of the foreign national spouse for permanent residency.

By following these steps diligently and providing the necessary documentation, couples can navigate the process smoothly and look forward to obtaining the prized marriage green card, granting the foreign national spouse permanent residency in the United States.

Required supporting documents for marriage based Green Card.

Here's a brief checklist of documents to kickstart the marriage green card process. Detailed lists for each form will be provided later in the article.

A valid marriage certificate
Documentation confirming divorce from any previous marriage (if applicable)
Proof of legal entry into the U.S. for the beneficiary
Birth certificate for the beneficiary
Evidence of U.S. citizenship for the sponsor
Documentation demonstrating the authenticity of the marital relationship

How much does marriage-based Green Card cost?

The government filing fees for applying for a marriage-based green card are $3005 for a spouse residing in the United States or $1340 for a spouse residing outside the United States. Please note that this amount does not cover the cost of the medical examination, which typically ranges from approximately $180 to $450.

The process for marriage-based Green Card

Step 1: Establishing the Marriage Relationship (Form I-130)

Embarking on the path to obtaining a green card through marriage commences with the submission of Form I-130, also known as the “Petition for Alien Relative,” to U.S. Citizenship and Immigration Services (USCIS), under the U.S. Department of Homeland Security.

Form I-130, accompanied by essential supporting documents, serves the primary purpose of validating the genuineness and legality of your marital relationship.

The individual initiating the filing, termed the “petitioner” or “sponsor,” must be either a U.S. citizen or a current green card holder. On the other hand, the spouse seeking permanent residency is referred to as the “beneficiary” or “green card applicant.”

Once the Form I-130 package is compiled, it should be sent via mail to the appropriate USCIS address. Following this, USCIS will issue an official acknowledgment, commonly referred to as a "receipt notice," to the sponsoring spouse through mail, typically within a span of two weeks.

In cases where USCIS requires additional information or documents for processing, they may issue a Request for Evidence (RFE) within 2–3 months. Once USCIS has obtained all necessary materials, it typically renders a decision on the I-130 application within a timeframe of 15 months, contingent upon the circumstances of the couple. These timelines are derived from USCIS data published quarterly.

Typically, the processing time for Form I-130 averages about 8-12 months. Offering the most current forecasts for Form I-130 petitions filed today.

What is the duration of the I-130 petition process?

Step 2: Establishing the Marriage Relationship (Form I-130)

The U.S. government employs two distinct processes to assess a spouse's eligibility for a marriage-based green card, contingent upon their residency status — whether residing within or outside the United States.

For green card applicants residing in the United States:

When the spouse seeking a green card resides within the United States, the subsequent step involves filing Form I-485, officially known as the "Adjustment of Status" application. This form is submitted to USCIS (U.S. Citizenship and Immigration Services) and serves the principal purpose of validating the spouse's eligibility for obtaining a green card.

The adjustment of status process applies to various marriage visa types, each tailored to specific circumstances:

IR6/CR6 spouse and their accompanying IR7/CR7 child, facilitated when the sponsor holds U.S. citizenship.

CF1 spouse and their CF2 child, designed for cases where a U.S. citizen sponsor is transitioning their foreign spouse from a K fiancé visa.

F2A category (F26 spouse; F27 child), extending to situations where a lawful permanent resident (green card holder) sponsors their spouse or child.

This diverse array of visa categories underlines the complexity of the adjustment of status procedure, accommodating different scenarios within the realm of marriage-based immigration.

For spouses of U.S. citizens, the I-485 filing package can typically be combined with the I-130 form and supporting documents described in Step 1 (known as "concurrent filing"). USCIS generally processes this concurrent filing within 10–23 months.

For spouses of U.S. green card holders, however, the I-485 filing package cannot be submitted until the U.S. Department of State determines the availability of a green card in the visa bulletin, considering various annual caps. Currently, the wait time is approximately one and a half years, though it may vary by a few months depending on the spouse's home country. Once the I-485 filing package is submitted, USCIS typically processes it within 13.5–20.5 months, though this timeline could be longer based on your local field office.

For green card applicants living abroad

Consular processing is the immigration pathway designated for the following visa categories:

CR1/IR1 spouse and their accompanying CR2/IR2 child, when sponsored by a U.S. citizen.
F2A category (F21 spouse; F22 child), available for sponsorship by a lawful permanent resident, also known as a green card holder.

For spouses of U.S. citizens, the NVC typically processes an application package within 1-2 months.

Similarly, for spouses of U.S. green card holders, the NVC typically processes an application within the same timeframe of 1-2 months.

Following processing, the NVC then transfers the application to a U.S. embassy or consulate located in the spouse seeking a green card's home country.

Step 3: Attend the Green Card Interview and Await Approval

The final step in the marriage-based green card process is the green card interview, where the interviewing officer's primary goal is to assess the authenticity of the marriage. Questions may delve into the couple’s relationship history, daily activities, and future plans together. If the officer is convinced that the marriage is genuine, they will approve the spouse for a green card.

The location of the interview and whether the sponsoring spouse must attend depend on where the spouse seeking a green card currently resides:

If your spouse lives in the United States:

The spouse applying for a green card from within the United States will attend an interview with the sponsoring spouse at their local USCIS office. Once the case is approved, the physical green card typically arrives by mail within 2-3 weeks.

If your spouse lives abroad:

The spouse applying for a green card from abroad will attend an interview at a U.S. Embassy or consulate in their home country. The sponsoring spouse does not attend this interview. Following the interview, the spouse seeking a green card receives a visa stamp in their passport, allowing for travel to the United States. Before the physical green card can be issued, the immigrant fee ($235) must be paid online. USCIS recommends paying this fee before the spouse leaves for the United States. The green card is typically mailed to the couple’s U.S. address within 2-3 weeks of the spouse’s arrival.

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The Next Steps:

If the marriage is less than two years old:

The spouse will receive a CR1 (or “conditional”) green card, valid for two years. Within the 90-day period preceding the expiration of the conditional green card, the couple must jointly file Form I-751 (officially called the “Petition to Remove Conditions on Residence”). This petition aims to “remove the conditions” and obtain a permanent green card. USCIS will re-evaluate the marriage to ensure its authenticity and that it was not solely for immigration purposes.

If the marriage is more than two years old:

The spouse will receive an IR1 (or “immediate relative”) green card — a “permanent” green card valid for 10 years. Renewing this 10-year green card is usually a straightforward process that does not necessitate the couple to reprove the authenticity of their marriage.n experts, empowering you to apply with confidence as you focus on your life in the U.S. Learn more about our services.

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