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    Marriage Green Card Explained Documentation, Forms, And Waiting Periods

    What is a marriage green card?

    A marriage green card, officially known as an “Immigrant Visa for Spouse of a U.S. Citizen” or “Adjustment of Status for Spouse of a U.S. Citizen,” is a type of U.S. immigrant visa that allows the foreign spouse of a U.S. citizen to obtain lawful permanent residency (green card) in the United States based on their marriage. This process enables the foreign spouse to live and work permanently in the U.S. and eventually apply for U.S. citizenship if they meet the eligibility requirements.

    Here’s how the process generally works for obtaining a marriage green card:

    • Marriage and Initial Petition:
    • The U.S. citizen spouse files a Form I-130, “Petition for Alien Relative,” to establish the qualifying relationship. This petition proves the authenticity of the marital relationship.
    • Form I-485 Filing (Adjustment of Status):
    • If the foreign spouse is already in the U.S. on a valid nonimmigrant visa, they can apply for a marriage green card by filing Form I-485, “Application to Register Permanent Residence or Adjust Status.”
    • If the foreign spouse is outside the U.S., they will go through consular processing, involving an interview at a U.S. embassy or consulate.
    • Conditional Green Card (if applicable):
    • If the marriage is less than two years old at the time the foreign spouse obtains their green card, they will receive a “conditional” green card, valid for two years.
    • Joint Filing to Remove Conditions (if applicable):
    • During the 90-day period before the conditional green card expires, the couple must jointly file Form I-751, “Petition to Remove Conditions on Residence,” to transition from conditional to unconditional permanent residency. This requires further evidence of the genuine marriage.
    • Unconditional Permanent Residency:
    • Once the conditions are removed, the foreign spouse becomes an unconditional lawful permanent resident with a 10-year green card.
    • Eligibility for U.S. Citizenship:
    • After living in the U.S. for a certain period as a green card holder (typically five years, or three years if married to a U.S. citizen), the foreign spouse can apply for U.S. citizenship if they meet the eligibility criteria.

    Obtaining a marriage green card involves demonstrating the authenticity of the marital relationship and complying with the requirements set by U.S. Citizenship and Immigration Services (USCIS). The process can be complex, and it’s advisable to follow USCIS instructions carefully and consider seeking assistance from an immigration attorney to ensure a smooth and successful application process.

    How to apply for a marriage green card?

    Applying for a marriage green card involves several steps to obtain lawful permanent residency in the United States based on your marriage to a U.S. citizen spouse. Here’s a general outline of the process for applying for a marriage green card through Adjustment of Status if you’re already in the U.S.:

    • Understand Eligibility:
    • Ensure you meet the eligibility criteria, including being legally married to a U.S. citizen and having entered the marriage in good faith.
    • File Form I-130:
    • The U.S. citizen spouse files Form I-130, “Petition for Alien Relative,” with U.S. Citizenship and Immigration Services (USCIS). This form establishes the qualifying relationship and proves the authenticity of the marriage.
    • Prepare Supporting Documents:
    • Gather supporting documents that demonstrate the legitimacy of your marriage, including joint financial documents, photos, correspondence, and affidavits from friends and family.
    • File Form I-485:
    • If you are in the U.S. on a valid nonimmigrant visa, you can file Form I-485, “Application to Register Permanent Residence or Adjust Status.” This form is used to apply for your marriage green card.
    • Biometrics Appointment:
    • Attend a biometrics appointment at a USCIS Application Support Center to provide fingerprints, photographs, and a signature.
    • Receive Work Authorization (EAD):
    • If you’ve filed Form I-485, you can apply for an Employment Authorization Document (EAD) using Form I-765. This allows you to work legally in the U.S. while your green card application is pending.
    • Attend Green Card Interview:
    • USCIS will schedule an interview to assess the authenticity of your marriage and eligibility for a marriage green card. Both spouses are typically required to attend the interview.
    • Submit Additional Evidence (if requested):
    • If USCIS requests additional evidence to support your application, provide the requested documents promptly.
    • Receive Conditional Green Card (if applicable):
    • If your marriage is less than two years old when your green card is approved, you will receive a “conditional” green card, valid for two years.
    • File Form I-751 to Remove Conditions (if applicable):
    • During the 90-day period before the conditional green card expires, file Form I-751 to remove the conditions and transition to unconditional permanent residency.
    • Receive Unconditional Green Card:
    • Once the conditions are removed, you will receive an unconditional green card, valid for 10 years.
    • Apply for U.S. Citizenship (optional):
    • After meeting the residency requirements, you can apply for U.S. citizenship if you choose.

    Please note that the process outlined above is a general overview. The specific steps, requirements, and forms may vary based on your individual circumstances. It’s crucial to carefully review the USCIS instructions and guidelines, as well as consult with an immigration attorney if needed, to ensure that your application is properly prepared and submitted.

    Marriage green card cost

    The cost of obtaining a marriage green card (lawful permanent residency) based on marriage to a U.S. citizen spouse involves several fees. Keep in mind that fees are subject to change, so it’s essential to check the most current fees on the official U.S. Citizenship and Immigration Services (USCIS) website before submitting your application. Here are some of the fees associated with the process:

    • Form I-130, Petition for Alien Relative:
    • The filing fee for Form I-130 was $560. This fee is paid by the U.S. citizen spouse who is sponsoring the foreign spouse.
    • Form I-485, Application to Register Permanent Residence or Adjust Status:
    • The filing fee for Form I-485 was $1,140 for applicants aged 14-78. For applicants under 14 and 79 or older, the fee was $750.
    • Form I-765, Application for Employment Authorization (optional):
    • The filing fee for Form I-765 was $550.
    • Form I-131, Application for Travel Document (optional):
    • The filing fee for Form I-131 was $590.
    • Biometric Services Fee:
    • This fee covers the cost of fingerprinting and background checks. As of my last update, it was $85.
    • Attorney Fees (if applicable):
    • If you choose to work with an immigration attorney, their fees will vary based on their experience and the services they provide.

    Please note that the total cost will depend on which forms you need to file, whether you choose to apply for work authorization or a travel document, and any potential legal fees if you decide to work with an immigration attorney. Additionally, USCIS may update fees periodically, so it’s important to check the USCIS website for the most up-to-date information before submitting your application.

    For the most accurate and current information regarding the costs associated with obtaining a marriage green card, visit the official USCIS website or consult with an immigration attorney.

    Marriage green card checklist of required documents

    Here’s a general checklist of documents that you may need when applying for a marriage green card through the Adjustment of Status process (Form I-485) based on marriage to a U.S. citizen spouse. Keep in mind that individual circumstances may vary, and it’s important to review the most current USCIS instructions before assembling your application package. Consulting with an immigration attorney is also advisable to ensure that you have a complete and accurate application.

    Marriage Green Card Checklist:

    • Form I-485, Application to Register Permanent Residence or Adjust Status:
    • Complete and signed Form I-485 for the foreign spouse.
    • Form I-130, Petition for Alien Relative:
    • Copy of the approved Form I-130, Petition for Alien Relative, filed by the U.S. citizen spouse.
    • Form I-864, Affidavit of Support:
    • Completed and signed Form I-864 by the U.S. citizen spouse (financial sponsor).
    • Form I-765, Application for Employment Authorization (optional):
    • Completed and signed Form I-765 if you want to apply for work authorization (EAD).
    • Form I-131, Application for Travel Document (optional):
    • Completed and signed Form I-131 if you want to apply for a travel document (advance parole).
    • Photocopies of Supporting Documents:
    • Copies of supporting documents that prove the authenticity of your marriage, such as:
    • Marriage certificate.
    • Joint financial records (bank statements, joint account information).
    • Joint utility bills (electricity, water, etc.).
    • Joint lease or mortgage agreements.
    • Photos of you together as a couple.
    • Individual Identification Documents:
    • Valid passports for both spouses.
    • Birth certificates for both spouses.
    • Photos:
    • Passport-style photos as specified in the USCIS instructions.
    • Form I-94, Arrival/Departure Record:
    • Copies of the foreign spouse’s Form I-94.
    • Proof of Legal Entry (if applicable):
    • Copies of visa stamps, admission stamps, or other documents proving lawful entry into the U.S.
    • Proof of Termination of Previous Marriages (if applicable):
    • Divorce decrees, annulment documents, or death certificates for any previous marriages.
    • Medical Examination Results:
    • The results of the required medical examination conducted by an approved USCIS physician.
    • Proof of Payment:
    • Payment receipt for the filing fee and biometric services fee.
    • Translations:
    • If any documents are not in English, provide certified translations.
    • Additional Documentation:
    • Any other documents that demonstrate your eligibility and authenticity of your marriage.

    It’s important to carefully review the USCIS instructions for Form I-485 and gather all the required documents specific to your situation. USCIS may update requirements, so always refer to the most current instructions and consult with an immigration attorney if you have questions or concerns.

    Marriage green card processing time

    The processing time for a marriage-based green card (lawful permanent residency) application can vary widely based on several factors, including the USCIS workload, the service center processing your application, the completeness of your application, and any additional administrative processing that may be required.Here’s a general overview of the processing times for different stages of the application:

    • Form I-130, Petition for Alien Relative: The processing time for Form I-130 can vary from a few months to over a year. USCIS provides estimated processing times on their website for different service centers.
    • Form I-485, Application to Register Permanent Residence or Adjust Status: The processing time for Form I-485 also varies based on USCIS workload and service center. It can range from several months to a year or more.
    • Biometrics Appointment: After filing Form I-485, you will be scheduled for a biometrics appointment, usually within a few weeks to a couple of months. This appointment involves fingerprinting, photographing, and providing a signature.
    • Work Authorization (Form I-765) and Travel Document (Form I-131): The processing time for these forms can also vary. USCIS provides estimated processing times for these applications on their website.
    • Green Card Interview: If USCIS requires an interview for your case, the scheduling of the interview can depend on the service center and local USCIS office’s availability. Typically, interviews are scheduled several months after the initial application is filed.
    • Form I-751, Petition to Remove Conditions (if applicable): If you receive a conditional green card, the processing time for Form I-751 to remove conditions can vary. It’s advisable to file this form during the 90-day window before your conditional green card expires.

    Please note that these processing times are general estimates and can change due to various factors. USCIS provides updated processing time estimates on their website, which can give you a better idea of the current timelines. You can check the USCIS Processing Time Information page for the most up-to-date information based on the service center processing your application and the specific form you’ve filed.

    Keep in mind that processing times can fluctuate, and some cases may take longer than average. If you have concerns about your processing time or need assistance, you can also contact USCIS or consult with an immigration attorney.

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