Marriage green card in US
What is the marriage green card?
A marriage-based green card allows a US citizen or green card holder’s spouse to live and work anywhere in the United States. A green card holder will have “permanent resident” status until they decide if they want to apply for US citizenship after three years of marriage.
How to Obtain a Marriage Green Card
Obtaining a green card through marriage involves three steps:
The United States citizen spouse establishes the marriage relationship by filing Form I-130.
Apply for the green card through adjustment of status (Form I-485) if you are living in the United States, or Form DS-260 if you are a foreign person living overseas.
Attend the green card interview and await approval.
This detailed handbook outlines the complete green card application procedure for both US and international candidates.
You can also see what kinds of questions you’re likely to get on a marriage green card application.
But first, we’ll go over what documentation you’ll need, how long it takes to get authorized, and how much it costs to apply for a marriage-based green card.
Supporting documents for marriage green cards
Here is a fast list of paperwork to obtain while commencing the marriage green card application procedure. Detailed lists for each form are provided later in the article.
- A legitimate marriage certificate.
- Proof of divorce from a prior marriage (if applicable).
- Proof of legal entrance into the United States (Beneficiary).
- Birth certificate (beneficiary)
- Proof of US citizenship (Sponsor)
- Evidence that your marriage is real.
- Marriage-based green card chronology
How long does it take to receive a green card through marriage?
The average processing time for a marriage-based green card is 9.3 months, depending on whether you are married to a US citizen or a US green card holder (lawful permanent resident). To assist you in understanding wait times and processing timeframes, Farataran has created an in-depth guide explaining the processing times for your marriage green card application.
Important information for spouses of green card holders:
The F-2A family-based category, which applies to spouses and unmarried children under the age of 21 of US Green Card holders, saw significant changes in the September 2023 Visa Bulletin. The move is anticipated to cause severe delays in acquiring green cards for spouses of green card holders. Learn more in our weekly Visa Bulletin report.
Can my spouse apply for citizenship after receiving their marriage green card?
Most of the time, a lawful permanent resident married to a US citizen can start the naturalization process by filing Form N-400 three years following their marriage. This is generally known as the “three-year rule.”
The three-year restriction applies only to people who obtained a green card through marriage and differs from the five-year norm that applies to the majority of other green card holders.
To qualify, you must have lived in the United States for three years prior to filing your citizenship application. You must be physically present in the United States for at least 18 months of those three years. You must be living with your US citizen spouse and display “good moral character” during your stay in the nation.
Additionally, you must meet all of the other regular naturalization requirements. If you want to learn more about the process of becoming a US citizen, check out this guide.
US immigration can be complicated and confusing. Farataran is here to help. Learn more.
Marriage-based green card costs:
The government filing fees for applying for a marriage-based green card are $3005 for a spouse living in the United States and $1340 for a spouse living outside of the United States. This does not include the cost of the medical checkup, which typically ranges from $200 to $500. Farataran has created a detailed guide outlining the price of a marriage green card based on your situation.
The Marriage Green Card Process
Step 1: Establishing the married partnership (Form I-130).
The first step in obtaining a green card through marriage is to submit Form I-130 (formally known as the “Petition for Alien Relative”) to US Citizenship and Immigration Services (USCIS), a division of the US Department of Homeland Security.
The primary aim of the I-130 form, together with supporting documentation, is to determine whether your marriage is legitimate or bona fide.
The spouse filing the I-130 is known as the “petitioner” or “sponsor.” This spouse is a United States citizen or a current green card holder. The spouse seeking a green card is known as the “beneficiary” or “green card applicant.”
- Critical components of an entire I-130 kit
- The government filing fee is $675.
- Proof that the sponsoring spouse is a United States citizen (copy of the sponsor’s birth certificate, naturalization certificate, or valid U.S. passport photo page, for example) or permanent resident (copy of the sponsor’s green card, for example).
- Proof of a legally legitimate marriage (for example, a marriage certificate displaying the names of both spouses, as well as the location and date of the marriage)
- Proof showing the marriage is not false (for example, a combined lease, joint bank account statements, and photos taken together).
- Proof that either spouse’s previous marriage has been terminated (usually a divorce papers).
Farataran assists you in developing a tailored visa plan for each stage of the procedure, from forms to your immigration interview. Get started now!
Once the I-130 filing packet is completed, it must be mailed to the correct USCIS address. USCIS will subsequently mail the sponsoring spouse an official acknowledgment (or “receipt notice”), usually within two weeks.
If USCIS requires further information or documents to process the petition package, the sponsoring spouse will get a Request for Evidence (RFE) within 2-3 months. Once USCIS has received all of the necessary documents, it will normally make a decision on the I-130 application within 15 months, depending on the couple’s situation. These projections are based on USCIS data, which is published quarterly.
How long does the I-130 petition procedure take?
Form I-130 takes around 12 months to process on average. This estimate is based on data from Farataran partner Track My Visa Now, which tracks wait times in real time and provides the most up-to-date projections for Form I-130 petitions submitted today.
After receiving notification that the I-130 form has been approved, the next step is to determine whether the spouse seeking a green card is eligible.
Step 2: Apply for a green card (Form I-485 or Form DS-260).
The United States government uses two different systems to assess a spouse’s eligibility for a marriage-based green card. The appropriate procedure is determined by whether the spouse lives in or outside of the United States.
For green card candidates living in the United States.
If the spouse seeking a green card physically resides in the United States, the next step is to submit Form I-485 (formally known as the “Adjustment of Status” application). The I-485 is filed with USCIS, and its primary goal is to establish the spouse’s eligibility for a green card.
Adjustment of status is the immigration process for the marriage visa kinds listed below:
IR6/CR6 spouse and accompanying IR7/CR7 kid, if the sponsor is a US citizen.
F2A category (F26 spouse; F27 kid) when the sponsor is a legal permanent resident (sometimes called a green card holder).
CF1 spouse; CF2 child if the sponsor is a US citizen and the foreign spouse is shifting status from a K fiancé visa.
Adjustment of Status may also be used to apply for employment-based, humanitarian, or diversity visa lottery green cards.
For spouses of US citizens, this I-485 file package is typically bundled with the I-130 form and supporting documentation detailed in Step 1 above (a process known as “concurrent filing”). USCIS normally processes concurrent filings within 10-23 months.
For spouses of US green card holders, the I-485 filing package cannot be submitted until the US Department of State finds that a green card is available in the visa bulletin, subject to various annual caps. The current wait time is approximately one and a half years, but this might vary by a few months based on the spouse seeking a green card’s home country. Once the I-485 filing package is received, USCIS will normally complete it within 13.5-20.5 months (although this can vary based on your local field office).
Key components of an I-485 filing packet
Government filing fees of $2330 (including $1440 for the green card application and $85 for biometrics).
Proof of nationality of the spouse applying for a green card (copy of birth certificate and passport photo page)
Proof of valid admission into the United States by the spouse seeking a green card (copy of I-94 travel record and prior US visa).
Medical examination conducted by a USCIS-approved doctor
Proof of the sponsoring spouse’s ability to financially support the spouse seeking a green card (containing Form I-864, or “Affidavit of Support,” and documentation such as tax records and pay stubs).
Farataran can assist United States residents and green card holders in sponsoring their spouses for marriage green cards through the adjustment of status process. Learn more.
For green card candidates who live overseas.
Sponsoring a green card (spousal visa) for a spouse who lives abroad requires a different process. The next step is to submit an application packet to the State Department-run National Visa Center (NVC). The NVC collects the relevant paperwork and documentation and determines if the spouse is qualified for an interview at a US embassy or consulate overseas (a process known as “consular processing”).
Consular processing refers to the immigration process for the following visa types:
When the sponsor is a US citizen, the CR1/IR1 spouse and accompanying CR2/IR2 kid are eligible. If the sponsor is a lawful permanent resident (also known as a green card holder), the F2A category (F21 spouse and F22 child) applies.
Farataran tip
Consular Processing can also be utilized to apply for green cards through employment-based, humanitarian, or diversity visa lottery programs.
The NVC normally processes application packages for spouses of US citizens within 1-2 months.
For spouses of US green card holders, the NVC normally processes an application within 1-2 months.
Once processed, the NVC is forwarded to a United States embassy or consulate in the spouse’s home country seeking a green card.
Key components of an NVC filing package
- The government filing fees are $445 (including $120 for the financial assistance form and $325 for the State Department processing charge).
- Form DS-260 (Green Card application submitted online)
- Proof of nationality of the spouse applying for a green card (copy of birth certificate and passport photo page)
- A copy of a police clearance certificate for the spouse seeking a green card (indicating any previous interactions with law enforcement).
- Proof of the sponsoring spouse’s ability to financially support the spouse seeking a green card (containing Form I-864, or “Affidavit of Support,” and documentation such as tax records and pay stubs).
Step 3: Attend the green card interview and wait for approval.
The final phase in the marriage-based green card application procedure is the green card interview. The interviewing officer’s primary purpose is to determine the legitimacy of the marriage. Questions can be about the couple’s relationship history, as well as their daily activities and future plans together. If the questioning officer is confident that the marriage is not false, they will grant the spouse a green card.
The location of the interview, as well as whether the sponsoring spouse must also present, is determined by the spouse seeking a green card’s current residence:
Does your spouse reside in the United States?
A spouse seeking for a green card from within the United States will have an interview with the sponsoring spouse at their local USCIS office. The physical green card is normally mailed within 2-3 weeks of case clearance.
Do you have a spouse who lives abroad?
A spouse applying for a green card from overseas will have an interview at a US Embassy or consulate in their home country. The sponsoring spouse does not attend the interview.
The spouse seeking a green card will then receive a visa stamp in their passport, allowing them to travel to the United States. The immigrant fee ($235) must be paid online before a physical green card is issued. (USCIS recommended that the spouse pay this charge before leaving for the United States.) The green card is usually mailed to the couple’s US address within 2-3 weeks of the spouse’s arrival.
Farataran provides unlimited support from our team of immigration specialists, allowing you to apply with confidence and focus on what’s most important: your life in the United States. Learn more.
Marriage Green Card Denial Rate
In fiscal year 2022, USCIS received 873,073 applications for Form I-130 (the initial stage in any family-based green card application, including marriage green cards) and denied 133,251 (15%).
During the same year, USCIS received 327,184 Form I-485 applications (to modify the status of foreign spouses or relatives already living in the United States) and denied 40,201 (12%).
Note that these numbers apply to all direct relatives of US citizens and green card holders, not just spouses.
For additional information, see Farataran guide to frequent grounds for green card denial.
What happens next?
What happens next is dependent on the length of the marriage at the time of green card approval.
If you’ve been married less than two years
The spouse will get a CR1 (or “conditional”) green card. Conditional Green Cards are only good for two years. Couples must complete Form I-751 (formally known as the “Petition to Remove Conditions on Residence”) during the 90-day period immediately preceding the expiration of their conditional green card in order to “remove the conditions” and receive a permanent green card. After obtaining this document, USCIS will re-evaluate the couple’s marriage to ensure that it is genuine and that they did not marry just for immigration purposes.
If you’ve been married for at least two years:
The spouse will receive an IR1 (or “immediate relative”) green card, which is a “permanent” green card valid for ten years. In most situations, renewing this 10-year green card is a simple process that does not require the couple to establish the validity of their marriage again.
