What is a marriage green card?
A marriage green card refers to the lawful permanent resident status (LPR) that is granted to foreign nationals who are married to U.S. citizens or permanent residents. It is also known as a marriage-based green card or spouse visa.
When a U.S. citizen or permanent resident marries a foreign national, the foreign spouse may be eligible to apply for a marriage green card to live and work permanently in the United States. The process involves several steps and requires demonstrating that the marriage is genuine and not solely for the purpose of obtaining immigration benefits.
The process typically involves filing an application with the U.S. Citizenship and Immigration Services (USCIS) and providing supporting documents to prove the legitimacy of the marriage. The couple may also need to attend an interview with USCIS officials to answer questions about their relationship and living arrangements.
If the application is approved, the foreign spouse will be granted conditional permanent resident status initially, which is valid for two years. After two years, the couple must apply to remove the conditions and demonstrate that they are still married and continue to live together as a married couple.
Once the conditions are removed, the foreign spouse becomes a lawful permanent resident and receives a regular green card, allowing them to live and work in the U.S. indefinitely. After holding the green card for a certain period, they may be eligible to apply for U.S. citizenship if they meet the necessary requirements.
It’s essential to note that the process and requirements for obtaining a marriage green card can be complex, and it’s advisable to seek the assistance of an immigration attorney or accredited representative to ensure all necessary steps are followed correctly.
Marriage green card requirements
The requirements for obtaining a marriage green card, also known as a marriage-based green card or spouse visa, can vary depending on whether the sponsoring spouse is a U.S. citizen or a lawful permanent resident (LPR). Below are the general eligibility criteria for both scenarios:
If the sponsoring spouse is a U.S. citizen:
- Marriage: The couple must be legally married. Common-law marriages are generally recognized if they are valid in the state where they were established.
- Citizenship of the Sponsor: The sponsoring spouse must be a U.S. citizen. Lawful permanent residents cannot sponsor a spouse for a green card in this category.
- Proof of Genuine Marriage: Both spouses must provide evidence to demonstrate that the marriage is bona fide and not entered into solely for the purpose of obtaining immigration benefits. This involves providing documentation of shared financial resources, joint property ownership, joint bank accounts, photographs together, affidavits from friends and family, etc.
If the sponsoring spouse is a lawful permanent resident (LPR):
- Marriage: The couple must be legally married, just like in the case of a U.S. citizen sponsoring a spouse.
- Lawful Permanent Resident Status: The sponsoring spouse must hold a valid green card and be a lawful permanent resident of the United States.
- Visa Availability: There are numerical limitations on the number of green cards issued each year for certain categories, including spouses of green card holders. This means that there may be waiting times for a visa number to become available for the foreign spouse.
Regardless of whether the sponsoring spouse is a U.S. citizen or a green card holder, both parties must meet certain general requirements:
- No Inadmissibility Issues: The foreign spouse must not have any grounds of inadmissibility, such as criminal history, immigration violations, or health-related issues.
- Affidavit of Support: The sponsoring spouse must agree to financially support the foreign spouse at 125% or 100% (if the sponsor is in the military) of the federal poverty guidelines depending on the specific case.
- Immigration Forms: The couple must file the appropriate immigration forms with the U.S. Citizenship and Immigration Services (USCIS) and pay the required fees.
- Interview: Both spouses will likely need to attend an interview with USCIS officials to answer questions about their relationship and living arrangements.
It’s important to remember that the immigration process is complex, and the requirements may change over time. It is recommended to consult with an experienced immigration attorney or accredited representative to ensure all requirements are met and the application is properly prepared.
How long does it take to obtain a marriage green card?
The timeline for obtaining a marriage green card can vary depending on several factors, including the type of marriage (to a U.S. citizen or lawful permanent resident), the location of the application processing center, and the overall caseload at U.S. Citizenship and Immigration Services (USCIS). As of my last knowledge update in September 2021, here’s a general breakdown of the process and approximate timelines:
- Filing the Petition (Form I-130): The first step involves the sponsoring spouse (U.S. citizen or green card holder) filing Form I-130, Petition for Alien Relative, on behalf of their foreign spouse. The processing time for Form I-130 can vary from several months to over a year, depending on the USCIS workload and the service center handling the case. As of 2021, it was taking around 7 to 24 months for USCIS to process I-130 petitions.
- Adjustment of Status or Consular Processing: If the foreign spouse is already in the U.S. and eligible for adjustment of status, the next step is to file Form I-485, Application to Register Permanent Residence or Adjust Status. The processing time for Form I-485 can range from 8 to 14 months or more, depending on the USCIS workload and location.
Alternatively, if the foreign spouse is outside the U.S., they will go through consular processing at a U.S. embassy or consulate in their home country. The processing time for consular processing can also vary but generally takes a few months.
- Biometrics Appointment: Both the sponsoring spouse and the foreign spouse (if applying for adjustment of status) will need to attend a biometrics appointment, where fingerprints and photographs are taken for background checks. The biometrics appointment is usually scheduled within a few weeks after filing the I-485.
- Interview: In most cases, the couple will need to attend an interview with USCIS officials. The interview is conducted to verify the authenticity of the marriage and the eligibility of the foreign spouse for a green card. USCIS will provide an interview notice, and the interview is typically scheduled a few months after the biometrics appointment.
Overall, the entire process of obtaining a marriage green card can take anywhere from around 10 months to over two years, depending on the specific circumstances and processing times. Delays in any step of the process can occur, so it’s essential to be patient and ensure that all required documents and information are submitted accurately to avoid any unnecessary delays.
How to apply for a marriage green card?
Applying for a marriage green card involves several steps, and the process can vary depending on whether the sponsoring spouse is a U.S. citizen or a lawful permanent resident (LPR). Here’s a general outline of the steps to apply for a marriage green card:
Step 1: Determine Eligibility First, make sure that you and your spouse meet the eligibility criteria for a marriage green card. This includes being legally married and having a valid marital relationship. Also, ensure that the sponsoring spouse is either a U.S. citizen or a green card holder.
Step 2: File Form I-130, Petition for Alien Relative The sponsoring spouse (U.S. citizen or green card holder) must file Form I-130, Petition for Alien Relative, on behalf of the foreign spouse. This form establishes the qualifying relationship between the couple. It is filed with U.S. Citizenship and Immigration Services (USCIS) and requires the appropriate supporting documentation, such as marriage certificate, proof of the sponsoring spouse’s status, and any other required evidence.
Step 3: Choose Adjustment of Status or Consular Processing If the foreign spouse is already in the U.S. and eligible to adjust status to a permanent resident, they can file Form I-485, Application to Register Permanent Residence or Adjust Status, concurrently with the I-130 petition. If the foreign spouse is outside the U.S., they will need to go through consular processing at a U.S. embassy or consulate in their home country.
Step 4: Attend Biometrics Appointment Both the sponsoring spouse and the foreign spouse (if applying for adjustment of status) will receive a notice to attend a biometrics appointment. At this appointment, fingerprints and photographs are taken for background checks.
Step 5: Attend Interview Most couples applying for a marriage green card will be required to attend an interview with USCIS. The interview is scheduled after the biometrics appointment and is conducted to verify the authenticity of the marriage and the eligibility of the foreign spouse for a green card. Be prepared to provide additional evidence of your marriage and relationship during the interview.
Step 6: Receive Decision After the interview, USCIS will make a decision on the application. If approved, the foreign spouse will receive their marriage green card, granting them lawful permanent resident status.
Step 7: Remove Conditions (if applicable) If the foreign spouse receives a conditional green card (valid for two years) due to having been married for less than two years at the time of approval, they will need to apply to remove the conditions during the 90-day period before the card expires. This involves jointly filing Form I-751, Petition to Remove Conditions on Residence, with additional evidence of the ongoing marital relationship.
It is essential to carefully follow the instructions provided by USCIS and to submit all required documents accurately. The immigration process can be complex, so consider seeking assistance from an experienced immigration attorney or accredited representative to ensure a smooth application process.
