Obtaining a green card by marrying a U.S. citizen is one of the most common ways to gain permanent residency in the United States. However, this process can be complicated, especially for those unfamiliar with international travel and legal procedures.
This guide aims to provide a detailed walkthrough to help you understand and navigate the steps to legally obtain a green card through marriage.
What is a Green Card?
A green card, officially known as a Permanent Resident Card, allows you to live and work permanently in the United States. It’s a step below citizenship, offering many of the same rights and responsibilities.
Step-by-Step Guide to Getting a Green Card Through Marriage
Step 1: Understanding Eligibility Before starting the process, ensure you meet the eligibility criteria:
- You must be legally married to a U.S. citizen or a lawful permanent resident.
- Your marriage must be genuine and not solely for obtaining a green card.
Step 2: Gather Necessary Documents You’ll need various documents to prove your identity, marriage, and eligibility, including:
- Proof of your spouse’s U.S. citizenship or permanent resident status (e.g., birth certificate, passport, or green card).
- Your marriage certificate.
- Proof of termination of any previous marriages (e.g., divorce decrees or death certificates).
- Evidence of a bona fide marriage (e.g., joint lease/mortgage, joint bank accounts, photos, emails, and other communications).
Step 3: File Form I-130, Petition for Alien Relative The U.S. citizen or permanent resident spouse must file Form I-130 with U.S. Citizenship and Immigration Services (USCIS) to establish a valid relationship.
- Required for Form I-130:
- Completed Form I-130.
- Filing fee (currently $535, but this can change).
- Supporting documents (e.g., marriage certificate, proof of spouse’s citizenship, photos).
Step 4: Wait for Form I-130 Approval After filing, you’ll receive a receipt notice from USCIS. Processing times can vary, usually taking several months. Once approved, USCIS will forward your case to the National Visa Center (NVC) if you are outside the U.S., or it will proceed to the next step if you are already in the U.S.
Step 5: Consular Processing or Adjustment of Status
Consular Processing (If You Are Outside the U.S.)
- Steps for Consular Processing:
- NVC Packet: After USCIS approval, the NVC will send instructions for the next steps, including fee payments and document submissions.
- Submit DS-260: Complete and submit the Immigrant Visa Application online.
- Gather Supporting Documents: Collect and submit required civil and financial documents.
- Medical Examination: Schedule and complete a medical exam with an authorized physician.
- Visa Interview: Attend an interview at the U.S. embassy or consulate with all necessary documents.
- Visa Issuance: If approved, receive an immigrant visa in your passport, allowing you to travel to the U.S. and become a permanent resident upon entry.
Adjustment of Status (If You Are in the U.S.)
- Steps for Adjustment of Status:
- File Form I-485: Submit the Application to Register Permanent Residence or Adjust Status with required fees and supporting documents.
- Biometrics Appointment: Attend an appointment to provide fingerprints, photos, and a signature.
- Interview: Both spouses must attend an interview at a local USCIS office with necessary documentation.
- Decision: If approved, you will receive your green card by mail.
Step 6: Receiving Your Green Card After completing consular processing or adjustment of status, you will receive your green card. If married for less than two years, you will receive a Conditional Permanent Resident Card, valid for two years. You must file Form I-751 within 90 days before the card expires to receive a permanent green card.
Step 7: Maintaining Your Green Card As a green card holder, you must:
- Follow U.S. laws.
- Renew your green card every 10 years.
- Notify USCIS of any address changes within 10 days of moving.
Step 8: Path to Citizenship After holding a green card for three years and meeting other eligibility requirements, you can apply for U.S. citizenship through naturalization.
Common Questions and Concerns
What if my spouse is a U.S. citizen living abroad? You can still apply for a green card through consular processing, with your spouse filing the I-130 petition and you completing the process at a U.S. consulate in your home country.
What if we married abroad? Your marriage is generally recognized by the U.S. if it is valid in the country where it took place. Follow the same steps outlined above.
How long does the process take? The timeline can vary widely based on individual circumstances, USCIS processing times, and specific U.S. embassies or consulates. It can take 10-38 months from filing the I-130 to receiving your green card.
Can I work while my green card application is being processed? If you are in the U.S. and have filed for Adjustment of Status, you can apply for an Employment Authorization Document (EAD) to work legally while your application is pending by filing Form I-765 along with your I-485 application.
Conclusion
Obtaining a green card through marriage can be a complex process, but with careful preparation and understanding, it can be successfully navigated. Ensure your marriage is genuine, gather all necessary documentation, and follow the procedures carefully.
If overwhelmed, consider seeking advice from an immigration attorney to help you through the journey. By following this guide, you’ll be well on your way to living and working in the United States with your spouse.