How to Legally Obtain an American Green Card Through Marriage

Getting a green card through marriage to a U.S. citizen is one of the most common paths to permanent residency in the United States.

However, the process can be complex, especially for those who have never traveled outside their home country before.

And that’s the essence of this post; to provide a detailed and comprehensive guide to help you understand and navigate the steps to obtain an American green card through marriage legally.

What is a Green Card?

A green card, officially known as a Permanent Resident Card, allows you to live and work permanently in the United States. Having a green card is one step below citizenship and comes with many of the same rights and responsibilities.

Step-by-Step Guide to Getting a Green Card Through Marriage

Step 1: Understanding Eligibility

Before you start the process, it’s crucial to understand if you are eligible. To obtain a green card through marriage, you must meet the following conditions:

• You are legally married to a U.S. citizen or a lawful permanent resident.
• Your marriage is genuine and not entered into to obtain a green card.

Step 2: Gather Necessary Documents

You will need various documents to prove your identity, your marriage, and your eligibility for a green card. These documents include:

• Proof of your spouse’s U.S. citizenship or permanent resident status (such as a birth certificate, passport, or green card).
• Your marriage certificate.
• Proof that any previous marriages of both spouses have been legally terminated (divorce decrees or death certificates).
• Evidence of a bona fide marriage (joint lease/mortgage, joint bank accounts, photos, emails, and other communication).

Step 3: File Form I-130, Petition for Alien Relative

The first official step in the process is for the U.S. citizen or permanent resident spouse to file Form I-130 with U.S. Citizenship and Immigration Services (USCIS). This form establishes the existence of a valid relationship.

What you need for Form I-130:

• Completed Form I-130.
• Filing fee (as of 2024, the fee is $535, but this can change).
• Supporting documents to prove the relationship (marriage certificate, proof of spouse’s citizenship, photos, etc.).

Step 4: Wait for Form I-130 Approval

After filing Form I-130, you will receive a receipt notice from USCIS. The processing time can vary, but it usually takes several months.

Once the petition is approved, USCIS will forward your case to the National Visa Center (NVC) if you are outside the U.S., or it will proceed to the next step if you are already in the U.S.

Step 5: Consular Processing or Adjustment of Status

Consular Processing (If You Are Outside the U.S.)

If you are living outside the United States, you will go through consular processing at a U.S. embassy or consulate in your home country.

Steps for Consular Processing:

1. NVC Packet: After USCIS approves your I-130 petition, the NVC will send you a packet with instructions on how to proceed. This includes paying fees and submitting additional documents.
2. Submit DS-260: Complete and submit Form DS-260, Immigrant Visa Application, online.
3. Gather Supporting Documents: Collect the required civil and financial documents and submit them to the NVC.
4. Medical Examination: Schedule and complete a medical examination with an authorized physician.
5. Visa Interview: Attend an interview at the U.S. embassy or consulate. Bring all your documents, including your passport, medical exam results, and proof of your relationship.
6. Visa Issuance: If the consular officer approves your application, you will receive an immigrant visa in your passport. You can then travel to the U.S. and become a permanent resident upon entry.

Adjustment of Status (If You Are in the U.S.)

If you are already in the United States on a valid visa, you can apply for Adjustment of Status (AOS) without leaving the country.

Steps for Adjustment of Status:

1. File Form I-485: Submit Form I-485, Application to Register Permanent Residence or Adjust Status, along with the required fees and supporting documents.
2. Biometrics Appointment: Attend a biometrics appointment to provide fingerprints, photos, and a signature.
3. Interview: Attend an interview at a local USCIS office. Both spouses must attend and bring all necessary documentation.
4. Decision: After the interview, USCIS will decide on your application. If approved, you will receive your green card in the mail.

Step 6: Receiving Your Green Card

After completing either consular processing or adjustment of status, you will receive your green card.

Initially, if you have been married for less than two years, you will receive a Conditional Permanent Resident Card, valid for two years.

Within 90 days before your conditional card expires, you and your spouse must file Form I-751, Petition to Remove Conditions on Residence, to receive a permanent green card.

Step 7: Maintaining Your Green Card

Once you have your green card, you must:

• Follow U.S. laws.
• Renew your green card every 10 years.
• Notify USCIS of any address changes within 10 days of moving.

Step 8: Path to Citizenship

After holding a green card for three years and meeting all other eligibility requirements, you can apply for U.S. citizenship through naturalization.

Common Questions and Concerns

What if my spouse is a U.S. citizen living abroad?

If your spouse is a U.S. citizen living abroad, you can still apply for a green card through consular processing.

Your spouse will file the I-130 petition, and you will complete the process at a U.S. consulate in your home country.

What if we married abroad?

If you were married abroad, your marriage is generally recognized by the U.S. as long as it is valid in the country where it took place. You will follow the same steps as outlined above.

How long does the entire process take?

The timeline can vary widely based on individual circumstances, processing times at USCIS, and the specific U.S. embassy or consulate. On average, it can take 10-38 months from filing the I-130 to receiving your green card.

Can I work while my green card application is being processed?

If you are in the U.S. and have filed for Adjustment of Status, you can apply for an Employment Authorization Document (EAD) to work legally while your application is pending. This is done by filing Form I-765 along with your I-485 application.

Conclusion

Obtaining a green card through marriage is a significant and often complex process, but with careful preparation and understanding of the steps involved, it can be successfully navigated.

Always ensure your marriage is genuine, gather all necessary documentation, and follow the procedures carefully. If you find the process overwhelming, consider seeking advice from an immigration attorney to help you through the journey.

By following this guide, you’ll be well on your way to living and working in the United States with your spouse.