Marrying a U.S. Citizen?
Apply for Your Green Card!
If you are married to a U.S. citizen, you may be eligible to obtain a Green Card, allowing you to live and work permanently in the United States. If you are married to a Legal Permanent Resident, the process is similar, but the steps not done concurrently, and therefore the process is longer.
Eligibility for a Green Card Through Marriage
To be eligible for a Green Card based on marriage to a U.S. citizen, you must meet the following criteria:
Valid Marriage: Your marriage must be legally recognized in the jurisdiction where it took place, and it must be a bona fide (genuine) marriage, not entered into solely for immigration purposes.
Marriage to a U.S. Citizen: Your spouse must be a U.S. citizen. If your spouse is a U.S. lawful permanent resident (LPR), the process is slightly different.
Admissibility: You must be admissible to the United States, meaning you do not have any conditions that would bar you from receiving a Green Card (such as certain criminal convictions, health issues, or certain prior immigration violations).
Steps to Petition for a Green Card Through Marriage
Step #1: File Form I-130, Petition for Alien Relative
The process begins with your U.S. citizen spouse filing Form I-130, with U.S. Citizenship and Immigration Services (USCIS). This form establishes the existence of a valid marriage relationship between you and your spouse.
When submitting Form I-130, you will need to include identity documents for both of you, as well as evidence that you marriage is genuine.
If you are already present in the U.S., you can do Step #2 at the same time, referred to as concurrent filing. If you are outside the U.S., once USCIS approves the I-130 petition, they will forward your case to the National Visa Center (NVC), and your next step will be Consular Processing (CP).
Step #2: File Form I-485, Application to Adjust Status (If in the U.S.)
If you are physically present in the United States, you can apply to adjust your status to that of an LPR by filing Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS.
When filing Form I-485, you will need to include certain documents, such as proof of legal entry into the U.S.
You will also have to have a medical examination with a USCIS-approved doctor.
USCIS will schedule you for a biometrics appointment, where they will collect your fingerprints, photo, and signature.
Additionally, you will need to include Form I-864, the Affidavit of Support, and include financial documents, demonstrating that the U.S. spouse has the ability to financially support the foreign spouse.
At this time, you can also include an application for work authorization and for a travel document that will allow you reentry to the U.S., should you need to travel while your application is still pending.
Step 3: Attend Your Green Card Interview
If you are adjusting status in the U.S., you may be scheduled for an interview, during which you and your spouse will be asked questions about your relationship, background, and other relevant details. The goal is to ensure that your marriage is legitimate and that you meet all eligibility requirements for a Green Card.
If you are outside the U.S., your interview will be conducted at a U.S. embassy or consulate in your home country. This part of the process is called Consular Processing.
Step 4: Receive Your Green Card
If your application is approved, USCIS will issue your Green Card, granting you lawful permanent residence in the United States.
If you have been married for less than two years at the time your Green Card is approved, you will receive a conditional Green Card valid for two years. You must then file Form I-751, Petition to Remove Conditions on Residence, during the 90-day period before your conditional Green Card expires to obtain a permanent 10-year Green Card.
Keep in Mind...
Timing is crucial. From when you schedule the wedding, to making any travel plans once you begin this process, all of these decisions can have an effect on your application.
Marrying a U.S. citizen provides a clear path to obtaining a Green Card, but the process involves several important steps. Each step requires planning and thorough documentation. Working with an experienced immigration attorney can help ensure that your green card application is handled correctly and efficiently, allowing you to start building your new life in the U.S.!
