How to Get a Green Card Through Marriage: A Step-by-Step Guide

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Updated: 13th April 2023

A marriage green card is an immigrant visa for spouses of U.S. citizens or permanent residents to live and work in the U.S. The process for obtaining a Green Card through marriage differs based on whether the non-citizen spouse is in the U.S. or abroad, as well as when the marriage took place.

To be eligible for immigration benefits as a spouse, the marriage must be valid between the parties. However, unlike other immigration benefits, you can still apply for a marriage-based green card even if you have overstayed a visa or have been unlawfully present in the U.S. This article provides you the complete information on marriage-based green cards, including application forms, process, and cost involved to obtain marriage green card.

What Is a Marriage Green Card?

A “marriage green card” is used to refer to a permanent residency card issued by the U.S. government to a spouse who is married to a U.S. citizen or permanent resident. When applying for a marriage-based green card, the validity period of the card depends on the duration of the marriage.

If your marriage took place two years before you apply for a green card, you will receive the IR1 green card, which has validity for 10 years. If your marriage took place for less than two years when you apply for a green card, you will receive the CR1 green card, which has validity for 2 years. It is also called a conditional green card. Since this is valid for two years, you need to apply for a 10-year green card before expires.

Eligibility & Documents for a Marriage Green Card

To be eligible for a Marriage Green Card, you must meet the following criteria and submit the required documents:

  1. Evidence: Proof that shows your spouse’s U.S. citizenship or lawful permanent resident status.
  2. Legal Marriage: You must be legally married to a U.S. citizen or a lawful permanent resident. The U.S. government recognizes your marriage as legally valid when it is officially recognized by the government of the country where the marriage occurred.
  3. Legitimate Marriage: You must prove that your marriage with your spouse is genuine and building a life together to prove that your marriage is bona fide.
  4. Forms: 1) A completed Form I-130 (Petition for Alien Relative) or Form I-129F (Petition for Alien Fiancé(e)) 2) Completed Form I-485 to adjust your status if inside the U.S. & Form DS-260 if outside the U.S. 3) Form I-765, if you wish to work while your application is pending 4) Form I-131, if you need to travel outside of the U.S. while your application is pending.
  5. Certificates: 1) Your marriage certificate copy. 2) Your divorce decree, death certificate of your prior marriage to show that it has ended.

How To Apply for a Marriage Green Card?

After confirming your eligibility for a marriage-based green card, you will need to follow the below-mentioned three-step process to apply. The steps are:

  1. First, submit the Form I-130 with the supporting documents
  2. Second, submit a green card application (Form I-485 if inside the U.S. or Form DS-260 if outside the U.S.)
  3. Third, attend green card interview and receive your green card

#1: Submit Form I-130

The first step in obtaining a marriage-based green card is to fill out Form I-130, also known as the Petition for Alien Relative. This form serves to establish the validity of your marriage to either a U.S. citizen or a lawful permanent resident.

In addition to the completed form, you must provide documentation demonstrating the legitimacy of your marriage, such as a marriage certificate and evidence of joint financial accounts or a shared lease. A cover letter is also recommended to accompany your I-130 petition.

Once your filing package is complete, it can be submitted online through your USCIS account or mailed to the appropriate USCIS address. ImmigrationDirect helps you with easy to use online software to prepare your I-130 Form.

#2: Apply for Your Marriage Green Card

To obtain permanent residency in the U.S., the process will differ depending on whether you are currently living within the U.S. or outside the U.S. If you are living in the U.S., you will need to file for an adjustment of status. If you are living abroad, you will need to file for permanent residency through consular processing.

Applying for a Marriage Green Card Through Adjustment of Status (Inside the U.S.)

If you are looking to apply for a marriage green card through Adjustment of Status you should live inside the U.S. to submit I-485 Form. This process allows you to apply for permanent residency without leaving the country. This process allows you to change your current immigration status (fiancé visa or nonimmigrant visa) to a marriage green card.

Along with this Form I-485 you need to submit the supporting documents like:

  • Your birth certificate
  • Evidence that shows your entry into the U.S. is lawful (any prior visa or I-94 travel record)
  • Immigration medical examination report evidence
  • Financial support documents which show that your spouse will be able to support you in the U.S.

You can file Form I-130 and I-485 simultaneously, i.e., concurrent filing if your spouse is a U.S. citizen. If your spouse is a green card holder you can submit the concurrent filing. You need to wait more time to submit your I-485 Form.

Applying for a Marriage Green Card Through Consular Processing (Outside the U.S.)

If you are looking to apply for a marriage green card through consular processing submit the I-130 Form. After submitting you need to wait until USCIS approves your I-130 form. Once your I-130 form is approved by USCIS it will send your package to the U.S. Department of State’s National Visa Center (NVC). You will receive a receipt notice from NVC.

Complete package of your NVC contains:

  • Government form filing fees
  • Your actual green card application Form DS-260. You need to submit this form online through the Consular Electronic Application Center (CEAC)
  • Your birth certificate copy and passport photo page copy to show the proof of the nationality
  • You need to submit police clearance certificates if any from the country where you have lived at the age 16.
  • To demonstrate that your spouse, who is a U.S. citizen or green card holder, can financially support you, you need to provide evidence such as tax returns, pay stubs, and Form I-864 (Affidavit of Support).

#3: Attend Your Green Card Interview and Obtain Your Green Card

A green card interview is the last stage in your marriage green card process. This interview will conducted by US government to verify the legitimacy of your application and decide whether to grant you a green card.

The immigration officer will ask you about your relationship with your spouse, your daily routine, and your future plans as a couple. If your case involves any circumstances that could indicate immigration fraud, be prepared for additional questioning.

You will attend this interview with your spouse in the USCIS field office if you have applied through adjustment of status. In either case you will attend interview alone at a local U.S. embassy or consulate if you have applied through consular processing.

After the Interview…

If you applied through adjustment of status, you will receive your green card through mail 2-3 weeks after attending the interview. The USCIS office will approve your marriage green card application if he believes that your marriage with your spouse is real not for the immigration benefits.

If you applied through consular processing, you will receive a visa that allows you to travel to the U.S. At the U.S. port of entry border officer will admit you to enter inside the U.S. USCIS will send your green card to the provided address in the form.

How Long Does It Take To Get a Marriage Green Card?

The processing time for your marriage green card depends on your filing location and your case situation (marrying a U.S. citizen or green card holder).

Case #1: Living Inside the U.S. with a U.S. Citizen Spouse

If you are married to a U.S. citizen and live in the U.S., the entire application processing time should take approximately 10-13 months. The following is a breakdown of the timeline:

  • Form I-130 and I-485 (concurrent filing) – 9-11 months
  • Green card interview – 1-2 months

Case #2: Living Outside the U.S. with a U.S. Citizen Spouse

If you are married to a U.S. citizen and live outside the U.S., the entire application processing time should take approximately 11-17 months. The following is a breakdown of the timeline:

  • Form I-130 approval – 7-10 months
  • DS-260 from NVC – 4-6 months
  • Green card interview – 0-1 month

Case #3: Living Inside the U.S. with a Green Card Holder Spouse

If you are married to a U.S. green card holder and live outside the U.S., the entire application processing time should take approximately 29-38 months. The following is a breakdown of the timeline:

  • Form I-130 approval – 1-15 months
  • Waiting time for the green card availability by checking visa bulletin – 8-10 months
  • I-485 Form – 9-11 month
  • Green card interview – 1-2 months

Case #4: Living Outside the U.S. with a Green Card Holder Spouse

If you are married to a U.S. green card holder and live outside the U.S., the entire application processing time should take approximately 23-32 months. The following is a breakdown of the timeline:

  • Form I-130 approval – 11-15 months
  • Waiting time for the green card availability by checking visa bulletin – 8-10 months
  • DS-260 from NVC – 4-7 months
  • Green card interview – 0-1 month

How Much Does Green Card Marriage Cost?

To apply for a marriage-based green card, the government filing fees are $1,760 for a spouse living inside the U.S. and $1,200 for a spouse living outside the U.S. This fees includes filing and biometrics fees which is applicable. However, this amount does not cover the cost of a medical examination, which typically ranges from around $200 to $500.

USCIS Fee Increase Announcement

As of January 2023, USCIS has announced that they are planning to increase the form filing fees, which also includes marriage green cards. The proposed fee for marriage green card is $3, 640. There will be increase of $1,880 from the current fees. It is more important for you to take decision to apply your marriage green card before the fees come to effect.

Marriage-Based Green Card FAQs

1. Do I lose my green card status If I get divorced?

Simple answer is “No”. Divorce does not impact your permanent resident status. To maintain your permanent resident status, you need to renew your green card every 10 years using Form I-90.

2. How to cancel green card of my spouse?

If you want to cancel your spouse’s green card before it is approved, you can reverse the I-130 by submitting a signed and notarized letter. However, if the green card has already been approved, you will need to contact the National Visa Center to cancel it. If the case has been transferred to the U.S. Consulate, you will need to provide them with a signed and notarized letter as well. If your marriage is proven as faith and green card is approved it is very difficult to cancel your spouse green card.

3. Does getting married and divorced result in the loss of citizenship?

If you obtained a green card by marrying and living with a U.S. citizen, you can apply to become a naturalized citizen after three years. However, if you get divorced, you will no longer be eligible for this exemption and you should wait for the normal five-year period before qualifying for U.S. citizenship.

4. Is it possible to work while waiting for a green card based on marriage?

Yes! You are permitted to work if you live inside the U.S. However, you will need to apply for a work permit by submitting Form I-765 along with your Form I-485 for adjusting status. If you submit both forms together, there is no need to pay an additional fee. You can expect to receive your work permit within 4 to 6 months after submitting these forms.

5. Is it possible to leave the U.S. while waiting for a marriage-based green card?

Yes! You are allowed to leave the U.S. while waiting for your marriage green card. However, you will need to apply for advance parole by submitting Form I-131 along with your Form I-485 for adjusting status. If you submit both forms together, there is no need to pay an additional fee. You can expect to receive your advance parole documents within 4 to 6 months after submitting these forms.

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