How to Apply for a Marriage Green Card
[Last Updated: July 2022]
Congratulations, love birds! Are you ready for the next big chapter of your life? For many U.S. citizens, marrying a foreign partner can seem like a daunting task. In this article, we will dive into the requirements and processes of applying for a green card for your sweetheart.
Marriage Green Card
What is a Marriage Green Card?
A foreign national needs government permission to live and work in the United States. Such permissions are typically granted via a VISA document. Some foreign nationals later apply for permanent residency status (a.k.a green card) - a status that allows foreigners to permanently live and work in the United States. There are many ways to get a green card. Marrying a United States citizen or a green card holder is one of the fastest ways to obtain permanent residency in the United States.
To get the process started, the U.S. citizen or green card holder (called a “Petitioner” or “Sponsor”) files an application for the foreign spouse (called a “Beneficiary” or “Applicant”) to the USCIS or a foreign consulate. If the foreign spouse is already in the U.S., the petition is filed in front of the USCIS, and the process is called “Adjustment of Status.” If the foreign spouse is not in the U.S., the petition is filed in front of the USCIS, transfered to the National Visa Center, and then again transfered to the foreign consulate in the country where the foreign spouse resides, and the whole process is called “Consular Processing.”
During the application, both the U.S. citizen petitioner and the foreign spouse beneficiary have to provide lengthy supporting documents showing that the marriage was real (bona fide) and that the petitioner has enough financial resources to sponsor the foreign spouse’s life in the United States.
It is worth noting that “sham marriages” solely for the purposes of acquiring a marriage green card are fraudulent and illegal. The USCIS scrutinizes every marriage green card application closely and heavily penalizes sham marriage arrangements.
Who Can Apply for Marriage Green Cards?
The spouse of a U.S. citizen and the spouse of a Permanent Resident are eligibly for marriage based green cards.
Spouses of U.S. citizens are not subject to any quota systems. This means, there are always green card availability for spouses of U.S. citizens.
Spouse of green card holders are not as lucky. They will be subject to a preference based quota system, and have to wait for their turn in the green card waiting game.
As of June 2022, the visa bulletin for spouses of green card holders (F2A) is current for all national origins. We recommend filing for a green card soon to take full advantage of the current visa bulletin. Contact our office to start the application process.
Types of Marriage Green Card Applications:
There are two main types of marriage green card applications. If the foreign spouse is physically in the U.S., then the process is called an Adjustment of Status - adjusting from another immigration status to permanent residency. If the foreign spouse is outside the U.S., then the process is completed via an interview at the foreign consulate. Regardless of the type of applications, the entire process mainly contain 4 stages: establishing your marriage’s validity, applying for a green card, completing an interview with the USCIS, and removing the conditional green card status.
1. Adjustment of Status
Adjustment of Status is the process of applying for permanent residence in the United States. This option is only available to someone who is applying within the United States. An adjustment of status application typically consists of the following forms (and their required evidence).
G-1145, E-Notification of Application
G-28, Notice of Entry of Appearance of Attorney
I-130, Petition for Alien Relative
I-130A, Supplemental Information
I-485, Application to Register Permanent Residence
I-864, Affidavit of Support
I-864, Affidavit of Support (if using a joint sponsor)
I-765, Application for Employment Authorization
I-131, Application for Travel Document
I-639, Report of Medical Examination and Vaccination Record
2. Consular Processing
Applicants who are either physically outside the U.S. or cannot adjust the status as explained above will need to apply via consular processing at a U.S. consulate abroad.
A consular processing application is a complex multi-stage process that typically consists of the following forms and supporting documents (and their required evidence).
G-28, Notice of Entry of Appearance of Attorney
I-130, Petition for Alien Relative
I-130A, Supplemental Information
I-485, Application to Register Permanent Residence
I-864, Affidavit of Support
I-864, Affidavit of Support (if using a joint sponsor)
I-765, Application for Employment Authorization
I-131, Application for Travel Document
DS-260
3. Supporting Documents to Prove your Marriage is a Bona Fide Marriage
Photos of the couple together in different settings
Marriage Certificate
Joint bank account
Joint rental lease or housing deed
Joint insurance card and policy
Birth Certificates of your children
Affidavits prepared by common friends who have knowledge of your bona fide relationship
4. Other Supporting Documents to Include
Passport Biography page and visa page
Birth certificate
Naturalization Certificate
Employment documents
W-2s
Last 6 month’s paystubs
Employment verification letter
Federal tax return most recent tax year
Passport size photos
5. Marriage Green Card Income Requirements for the U.S. Sponsoring Spouse
In order to sponsor a foreign spouse for a marriage based green card, the U.S. citizen or green card holder must submit the affidavit to financially support the foreign spouse using form I-864. There are strict income and asset requirements for the U.S. sponsor. The minimum income is typically $21,775 for a household size of 2, and goes up as the household size increases.
6. The Marriage Green Card Interview
You will have an interview for your marriage based green card. This process is for the USCIS to test that you have a bona fide marriage, or a real marriage. The interview should take anywhere from 10 to 40 minutes. If it goes well, you should receive your conditional green card in the mail after one week.
7. Removal of Conditions
If you've been married for less than 2 years while your spouse is granted permanent resident status, your spouse is conditionally given permanent resident status. After you’ve been married for a certain period of time, you and your spouse will apply together to remove the conditions of residence using Form I-751, Petition to Remove the Conditions of Residence. After a successful removal of conditions, your foreign spouse will become an official green card holder.
8. Why Hire a Marriage Green Card Attorney
An immigration lawyer at Xu Law Group can help with your green card marriage application, forms, documents, supporting evidence, interview preparation, and receive government agency notices on your behalf, and ensure your green card petition happens smoothly. Immigration law can be confusing. Consult our experienced immigration lawyer today to start your green card journey.
About the Author:
Toni Xu is an attorney licensed in New York who represents immigrants and immigrant founded companies.
The information on this page should not be construed as legal advice.