How to Obtain a Green Card Through Marriage: A Step-by-Step Guide

 

 

1. Introduction to Obtaining a Green Card Through Marriage

If you are married to a US citizen or permanent resident, you may be eligible to apply for a green card. Essentially, through a valid and legitimate marriage to a US citizen or lawful permanent resident, you could qualify for this benefit.

To apply for a green card through marriage, your spouse (either a US citizen or permanent resident) must submit Form I-130 on your behalf (along with other steps outlined below). Your spouse will be the petitioner (the one filing the petition) and you will be the beneficiary (the one receiving the benefit).

With a green card, you gain the right to live and work in the US, travel freely in and out of the country, attend US schools, and eventually pursue US citizenship.

Though it may seem straightforward, obtaining a green card through marriage involves several steps and requirements that must be followed meticulously. Failing to do so could lead to delays or even denials of your case.

The process varies slightly depending on whether you are married to a US citizen or a US permanent resident. This guide will highlight these differences as we progress.

2. Advantages of Obtaining a Green Card Through Marriage

There are numerous benefits to acquiring a green card through marriage. Here are some of the key advantages:

• Ability to live and work anywhere in the United States.
• Eligibility to adjust your status within the US, even if you’ve overstayed your visa or are out of status.
• No need for a US employer to sponsor you via a job offer.
• Freedom to travel in and out of the United States.
• Your unmarried children under 21 years of age can qualify for green cards as derivative beneficiaries of your case.
• Ability to sponsor family members once you become a permanent resident.
• Access to US educational institutions.

3. Steps to Get a Green Card Through Marriage

The process of obtaining a green card through marriage involves several important stages. Below is a summary of the key steps:

• Marry a US Citizen or Lawful Permanent Resident
• File Form I-130
• Attend the Marriage Interview
• Apply for Adjustment of Status/Consular Processing
• Conditional Permanent Resident Status
• Remove Conditions to Become an Unconditional Permanent Resident
• Apply for Naturalization (Optional)
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A. Marry a US Citizen or Lawful Permanent Resident

The first step in securing a green card through marriage is to marry a US citizen or lawful permanent resident. This marriage must be valid before any immigration paperwork is submitted.

Criteria for a Valid Marriage:

• The marriage must be legally valid and recognized where it took place.
• The marriage cannot be a sham or solely for immigration purposes.
• The marriage must not violate any federal or state laws (e.g., incestuous or polygamous marriages are prohibited).
• The primary factor in determining a valid marriage is the couple’s intention to build a life together at the time of marriage.

B. File Form I-130

After marriage, the next step is to file Form I-130, known as the Petition for Alien Relative, with USCIS. This form, along with supporting documents like your marriage certificate, passport copies, photos together, and other evidence, proves that the requirements for a marriage-based green card have been met.

C. Marriage Interview

Once Form I-130 is submitted, USCIS may schedule an interview or conduct an investigation if there are concerns about the legitimacy of the marriage.

Prepare for the interview by gathering documentation like photos and sworn statements from friends or family confirming the authenticity of your marriage. During the interview, you may be separated and asked questions related to:

• Your spouse’s background and family details (e.g., how many siblings they have).
• Your relationship history (e.g., where you met and how your relationship developed).
• Recent activities (e.g., what you did together recently).
• Household details (e.g., how many televisions are in your home).
• Personal preferences (e.g., what your spouse’s favorite food is).

D. Adjustment of Status/Consular Processing

After the I-130 is approved, the next step is either to adjust your status in the US or apply for an immigrant visa at a US consulate abroad. These two options depend on your individual circumstances.

Adjustment of Status:

If you are already in the US, you can apply for an adjustment of status by filing Form I-485 (Application to Register Permanent Residence or Adjust Status). In some cases, you may be able to file this concurrently with Form I-130.

Requirements for Adjustment of Status:

• You must have entered the US legally.
• You must be physically present in the US when filing Form I-485.
• You must not be inadmissible under any of the 10 categories of inadmissibility (e.g., criminal convictions, health issues).

If you’re married to a lawful permanent resident, there are additional requirements, such as ensuring a visa number is available and confirming that you have maintained lawful status in the US.

Consular Processing:

If you are outside the US, or unable to adjust your status within the country, you must apply for an immigrant visa at a US consulate. You will need to submit Form DS-260 (Immigrant Visa Application), undergo a medical exam, and attend an interview at the consulate. If all goes well, you will receive an immigrant visa, allowing you to enter the US and obtain permanent residency.

E. Conditional Permanent Resident Status

If you become a permanent resident within the first two years of marriage, you will be granted conditional permanent residency.

However, if you’ve been married for two years or more at the time of your permanent residency, you will receive “unconditional” permanent residency immediately.

During the conditional period, USCIS may revoke your status if the marriage is found to be fraudulent or ends through divorce or annulment.

F. Removal of Conditions to Become Unconditional Permanent Resident

At the end of your two-year conditional period, you must file a joint petition (Form I-751) to remove the conditions on your status. This petition must be filed within 90 days of your two-year anniversary as a conditional permanent resident.

In certain situations, you may apply for a waiver of the joint filing requirement. This is possible if:

• Your spouse has passed away.
• You’ve suffered abuse at the hands of your spouse.
• Your marriage has ended in divorce or annulment.
• You face extreme hardship.

You will need to submit supporting documents, such as a lease agreement or birth certificates of children born during the marriage, to prove that the marriage was legitimate.

Once Form I-751 is approved, you will officially become an unconditional permanent resident.

G. Naturalization (Optional)

Naturalization is the process of becoming a US citizen, though it is not mandatory. If you wish to become a US citizen, you can apply after being a permanent resident for five years (your time as a conditional permanent resident counts).

Eligibility for Naturalization:

• You must be at least 18 years old.
• You must have had your green card for at least five years.
• You must have resided in the state where you are applying for at least three months.
• You must have been physically present in the US for at least 30 months within the past five years.
• You must demonstrate good moral character.
• You must have basic knowledge of US government and history.
• You must not have had any extended absences (more than 180 days) from the US.

For more information or personalized assistance, feel free to reach out to us at abbas@espadaimmigration.com.

4. Requirements to Get a Green Card Through Marriage

The requirements for getting a marriage-based green card are slightly different depending on whether you are marrying a US citizen or a lawful permanent resident. Where there are differences, I will make clear indications.

A. Must be in a Legitimate Marriage with a US Citizen or Lawful Permanent Resident

The marriage must be legal, valid, and recognized in the place where the marriage took place. To determine whether the marriage is valid, USCIS looks to see whether the parties intended to build a life together at the time of the marriage. The marriage cannot be a sham (to get immigration benefits). The marriage cannot go against US law (incest, multiple spouses, etc.).

B. Minimum Income Requirement

Your US Citizen or Lawful Permanent Resident Spouse must have income that is at least 125% of the federal poverty level. Your spouse must sign an affidavit stating that they will support you. If they do not have income that is at least 125% of the federal poverty level, they can use a joint sponsor.

C. You cannot be inadmissible for immigration

There are 10 categories of inadmissibility which are based on health, criminal background, prior removals, etc. You cannot fall in any of these categories.

D. You Must File a Form I-130 with USCIS and get approved

E. You Must Complete an Adjustment of Status or Consular Processing

Adjustment of Status Requirements

• If you are marrying a US Citizen or Lawful Permanent Resident:
  • Must have entered US lawfully
  • Must be physically present in the US at the time of I-485 filing

Additional Requirements Only if you are Marrying a Lawful Permanent Resident:

• Visa must be currently available. (Feel free to contact me at abbas@espadaimmigration.com, and I’ll check whether a visa is currently available)
• Never worked unlawfully in the US
• No unlawful presence in the US
• Cannot have entered through the visa waiver program.

Consular Processing Requirements

• If you are marrying a US Citizen or Lawful Permanent Resident:
  • Must attend a medical examination
  • Must attend a consular interview

Additional Requirements Only if you are Marrying a Lawful Permanent Resident:

• Visa must be currently available

5. Documents Required to Get a Green Card Through Marriage

There are many documents that can be included with your petition for a green card through marriage. The documents that you include with your case will depend on your particular situation and the evidence that you have available based on your relationship. For example, if you’ve gone on vacation with your spouse, potential documents for you to include are pictures of you and your spouse together while on vacation. If you and your spouse have a child together, your child’s birth certificate should be included with your petition.

All documents that are in a foreign language should be submitted along with a certified translation.

Here is a general list of documents you should expect to provide for your green card through marriage case. This is a general list. Your immigration lawyer should review your case with you and create a specific list of documents based on your particular case.

Documentation from US Citizen or Lawful Permanent Resident Spouse

• Copy of Passport
• Copy of Form I-551 (Permanent Resident Card)
• Passport photos
• Income tax returns for last few years
• Proof that all prior marriages have been terminated such as a final divorce decree (if applicable)

Documentation from Foreign National Seeking Green Card

• Copy of passport
• Copy of birth certificate
• Passport photos
• Proof that all prior marriages have been terminated such as a final divorce decree (if applicable)

Joint Documentation

• Photos of you and your spouse in various settings (your wedding, with friends, parties, on vacations, etc.)
• Marriage certificate
• Any documentation with both you and your spouse’s names on it
• Joint lease agreement or mortgage
• Evidence of a joint bank account
• Joint health insurance policy
• Birth certificates for any children you’ve had together
• Joint credit card statements
• Joint car insurance
• Letters from friends addressing both of you

6. What are the Fees to Get a Green Card Through Marriage?

Here is a breakdown of the fees you should anticipate throughout the process:

• Immigration Lawyer Legal Fee: This is the fee your immigration lawyer will charge to prepare and file your green card through marriage case. This fee will range depending on your immigration lawyer.

• Form I-130 USCIS Filing Fee: The USCIS filing fee for the Form I-130 is $535.

• If doing an Adjustment of Status: You are required to file a Form I-485. The USCIS filing fee for Form I-485 is currently $1,225.

• To Remove Condition on your Green Card: You are required to file a Form I-751. The USCIS filing fee for Form I-751 is $680.

• Document Translation Fees: All documents that are in a foreign language, such as a foreign marriage certificate, must be translated to English by a certified translator. The fees for certified translations range depending on the company you work with.

Depending on your particular case, there may be other fees as well. Contact me directly at abbas@espadaimmigration.com to discuss the specifics of your case with you.

7. How Long Does It Take to Get a Green Card Through Marriage?

Here is an outline of each step in the process and the estimated time frame for completion:

Step 1: Filing Form I-130

The United States Citizenship and Immigration Services (USCIS) generally takes between 6 to 12 months to process an I-130 petition for a green card through marriage.

Step 2: Adjustment of Status or Consular Processing

The adjustment of status or consular processing can take anywhere from 6 to 8 months to finish. For this step to proceed, a visa must be available. If you are petitioning as the spouse of a U.S. citizen, visa numbers are always current. However, if you are petitioning as the spouse of a U.S. permanent resident, there are limits on the number of available visas each year. It is recommended to check the visa bulletin to confirm if a visa is available, or you can email me directly at abbas@espadaimmigration.com for assistance.

If you are the spouse of a U.S. citizen, you may be eligible to file your adjustment of status concurrently with your I-130. However, if you are petitioning as the spouse of a U.S. permanent resident, you can only file your adjustment of status at the same time as your I-130 if a visa is available.

These processes can be complicated, and if you have any questions, feel free to contact me at abbas@espadaimmigration.com.

8. What Questions Will I Be Asked During the Marriage Interview?

During the marriage interview, immigration officers may ask a wide range of questions. Below are the key categories of questions you might encounter, with sample questions for each.

A. Spouse’s Background and Basic Knowledge About Them

• Where was your spouse born?
• What is your spouse’s date of birth?
• Can you list your spouse’s residences over the past 10 years?
• How many siblings does your spouse have, and what are their names?

B. Basic Information About Your Relationship

• How did you meet your spouse?
• Where and how did your spouse propose to you?
• Where did you get married?
• Where did you go for your honeymoon?

C. Household Information

• What is the color of the walls in your home?
• Do you have a TV in your bedroom?
• What type of flooring do you have in your home (e.g., wood, tile)?

D. Spouse’s Personal Information

• What is your nickname for your spouse?
• Does your spouse have any unique birthmarks or scars?
• What fragrance does your spouse wear?

9. Conclusion

By now, you should have a better understanding of how to obtain a green card through marriage. You should also be familiar with the general process, the requirements, and the necessary documentation involved.

This guide contains a lot of information, and much of it can be complex. Don’t worry if you don’t understand everything right away; it’s normal. The details provided are for your general knowledge, and working with an experienced immigration attorney can make the process much easier to navigate.

If you need assistance with filing your marriage green card case, please feel free to contact me at abbas@espadaimmigration.com. I am very responsive to emails and will be happy to assist you.

Resources:

• Immigration Law and the Family: A Practical Guide to Family Sponsored Immigration (4th Edition)
• Law Office of Fred Voigtmann
• INA: ACT 201 – Worldwide Level of Immigration
• 8 CFR Section 103.2(b)(7)
• INA: ACT 216 – Conditional Permanent Resident Status for Certain Alien Spouses and Sons and Daughters
• 8 CFR Part 216 – Conditional Basis of Lawful Permanent Residence Status
• USCIS Naturalization Information