Introduction to Getting a Green Card Through Marriage

As the spouse of a US citizen or permanent resident, you are eligible to apply for your green card. The basic idea is that through a valid and legitimate marriage to a US citizen or permanent resident, you may qualify for a green card.

To get a green card through marriage, your US citizen or US permanent resident spouse is required to file a Form I-130 on your behalf (there are additional steps as well that we will discuss below). Your spouse is the petitioner (person filing the petition) and you are the beneficiary (person benefitting from the petition).

With a green card, you can live and work in the United States, freely travel in and out of the US, attend US schools, and eventually apply to become a US citizen.

Getting a green card through marriage is not as simple as you might think. There are multiple requirements and steps that must be carefully followed. Failure to properly file your case or to follow each of the required steps can result in your case being delayed, or even worse, denied.

The requirements for getting a green card through marriage are slightly different depending on whether you are marrying a US citizen or a US permanent resident. I will make these differences clear throughout this guide.

Benefits of Getting a Green Card Through Marriage

There are several benefits to getting a green card through marriage, including the ability to live and work anywhere in the United States, eligibility to adjust status in the United States even if you have overstayed your visa or are out of status, and the freedom to travel in and out of the US. Your unmarried children under 21 years old can also qualify for green cards as derivative beneficiaries to your case, and you can sponsor your relatives once you become a US permanent resident. Access to US schools is another advantage.

Process of Getting a Green Card Through Marriage

There are multiple steps to getting your green card through marriage, including:

• Marrying a US Citizen or Lawful Permanent Resident
• Filing Form I-130
• Marriage Interview
• Filing for Adjustment of Status/Consular Processing
• Conditional Permanent Resident Status
• Removal of Condition to Become Unconditional Permanent Resident
• Naturalization (Optional)

The first step is to marry a US citizen or lawful permanent resident, and the marriage must be legally valid and recognized. The Form I-130, also called the “Petition for Alien Relative,” is the first form that is filed with the United States Citizen and Immigration Services (USCIS). It is filed along with several evidentiary documents, including the marriage certificate, to prove the validity of the marriage.

After the Form I-130 is filed, USCIS may schedule an interview or investigate your case to ensure the marriage is legitimate. The next step involves either adjusting your status in the US or applying for an immigrant visa abroad through consular processing. Each of these options has different requirements.

Requirements to Get a Green Card Through Marriage

The requirements for getting a marriage-based green card vary depending on whether you are marrying a US citizen or a lawful permanent resident. Some key requirements include:

• Being in a legitimate marriage
• Meeting minimum income requirements (125% of the federal poverty level)
• Not being inadmissible for immigration based on health, criminal background, or other factors
• Filing a Form I-130 with USCIS and getting it approved
• Completing an Adjustment of Status or Consular Processing, each with its own set of requirements.

Documents Required to Get a Green Card Through Marriage

The documents required for a green card through marriage vary depending on your specific situation and the evidence you have based on your relationship. Examples of documents include copies of passports, birth certificates, marriage certificates, photographs, joint financial records, and statements from friends and family confirming the legitimacy of the marriage. All documents in a foreign language must be accompanied by certified translations.

Fees to Get a Green Card Through Marriage

The fees for obtaining a green card through marriage include legal fees for an immigration lawyer (which vary), the USCIS filing fee for Form I-130, the USCIS filing fee for Form I-485 (if adjusting status), the USCIS filing fee for Form I-751 (if removing conditions), and fees for document translations. Additional fees may apply depending on your case.

How Long Does It Take to Get a Green Card Through Marriage?

The processing times for obtaining a green card through marriage can vary. Typically, it takes 6 to 12 months to process the Form I-130. Adjustment of status or consular processing takes 6 to 8 months, but the availability of a visa number can affect the timeline. For spouses of US citizens, visa numbers are usually current, while spouses of US permanent residents may have to wait for a visa number to become available.

What Questions Will I Be Asked During the Marriage Interview?

During the marriage interview, immigration officials may ask a variety of questions to assess the legitimacy of your marriage. These questions can be grouped into four categories:

• Spouse’s background and basic knowledge about spouse
• Basic information relating to your relationship with your spouse
• Household information
• Spouse’s personal information

Conclusion

This guide provides an overview of the process, requirements, documents, fees, and timelines associated with obtaining a green card through marriage. While it contains a wealth of information, the immigration process can be complex, and it’s recommended to work with an immigration lawyer to navigate the process effectively.