Marriage to a U.S. citizen or lawful permanent resident (LPR) is one of the most common pathways to obtaining an American green card, which grants permanent residency in the United States. A green card allows foreign nationals to live and work in the U.S. on a long-term basis and, eventually, apply for U.S. citizenship. However, the process to obtain a green card through marriage is multi-faceted, with various forms, eligibility requirements, and steps to complete. This guide outlines the legal process for obtaining a green card through marriage, providing a comprehensive overview of the requirements, procedures, and considerations involved.
1. Eligibility Criteria for Spousal Sponsorship
Before applying for a green card, both the U.S. citizen or lawful permanent resident spouse (the sponsor) and the foreign national spouse (the beneficiary) must meet specific eligibility requirements.
A. For the U.S. Citizen or Lawful Permanent Resident Sponsor:
- The sponsor must be a U.S. citizen or hold lawful permanent resident status.
- They must be at least 18 years old.
- The sponsor must demonstrate financial stability, showing that they can financially support the spouse to avoid the spouse becoming dependent on public assistance. This requirement is fulfilled by filing an Affidavit of Support (Form I-864), proving that the sponsor’s income meets at least 125% of the Federal Poverty Guidelines.
B. For the Foreign National (Sponsored Spouse):
- The foreign spouse must be legally married to a U.S. citizen or LPR.
- The marriage must be legally recognized in the country or state where it took place. Marriages that are solely ceremonial or polygamous are not recognized.
- The foreign spouse must pass background checks, including criminal and medical screenings.
A key requirement in spousal sponsorship is that the marriage must be bona fide, meaning it is genuine and not entered into for immigration purposes. U.S. Citizenship and Immigration Services (USCIS) will scrutinize the marriage through interviews and document checks to verify its authenticity.
2. Steps to Obtain a Green Card Through Marriage
The process for obtaining a green card through marriage can differ depending on whether the foreign spouse is applying from within the U.S. (Adjustment of Status) or from outside the U.S. (Consular Processing).
A. Adjustment of Status (Applying From Within the U.S.)
This route applies to foreign nationals who are already in the U.S. on a valid visa or other legal status. It allows the foreign spouse to “adjust” their status from temporary to permanent residency without leaving the U.S.
1. File Form I-130 (Petition for Alien Relative):
The first step is for the U.S. citizen or LPR spouse to file Form I-130 with USCIS. This form establishes the relationship between the sponsor and the foreign spouse. Supporting documents for this form include:
- Proof of U.S. citizenship or permanent residency of the sponsoring spouse (e.g., a U.S. passport, naturalization certificate, or green card).
- A marriage certificate proving the marriage is valid and legally recognized.
- Evidence of a bona fide marriage, such as joint bank account statements, lease agreements, photos together, affidavits from friends and family, and other documents demonstrating a genuine marital relationship.
2. File Form I-485 (Application to Adjust Status):
Once Form I-130 is filed (and approved, if not concurrently filed), the foreign spouse submits Form I-485, which is the application to adjust status to permanent residency. Along with Form I-485, the applicant must provide additional documentation, including:
- A copy of their birth certificate.
- A copy of their passport.
- Proof of lawful entry into the U.S. (e.g., Form I-94 Arrival/Departure Record).
- A completed Medical Examination and Vaccination Record (Form I-693) from a USCIS-authorized doctor.
3. Attend a Biometrics Appointment:
After submitting Form I-485, the foreign spouse will be scheduled for a biometrics appointment to provide fingerprints, photographs, and a signature for background checks.
4. Attend the Green Card Interview:
Both spouses must attend a green card interview with a USCIS officer. During the interview, the officer will ask questions about the marriage to ensure that it is bona fide. The questions may range from personal details about the marriage to daily routines, and future plans. If the officer suspects marriage fraud, additional evidence may be required, or a second interview (Stokes interview) may be scheduled.
5. Receive Green Card Approval:
If USCIS approves the application, the foreign spouse will receive their green card in the mail. If the marriage is less than two years old at the time of approval, the foreign spouse will receive a conditional green card valid for two years. If the marriage is more than two years old, the spouse will receive a permanent green card valid for 10 years.
B. Consular Processing (Applying From Outside the U.S.)
This route applies to foreign spouses living outside the U.S. and involves processing the application at a U.S. embassy or consulate.
1. File Form I-130 (Petition for Alien Relative):
The process begins similarly to Adjustment of Status, with the U.S. spouse filing Form I-130. Once approved, the case is forwarded to the National Visa Center (NVC), which handles consular processing.
2. Submit Documents to the NVC:
The NVC will request the submission of various documents, including the affidavit of support, civil documents (such as birth certificates and marriage certificates), police clearance certificates, and the foreign spouse’s passport information.
3. Attend Consular Interview:
Once the documents are processed, the foreign spouse will be scheduled for an interview at the U.S. consulate in their home country. During the interview, the consular officer will ask questions to verify the authenticity of the marriage and review the supporting documentation.
4. Receive Immigrant Visa and Travel to the U.S.:
If the consular officer approves the case, the foreign spouse will receive an immigrant visa, allowing them to travel to the U.S. Upon arrival, their status will automatically change to lawful permanent resident (green card holder), and the physical green card will be mailed to their U.S. address.
3. Removing Conditions on a Conditional Green Card
If the foreign spouse was granted a conditional green card (marriages of fewer than two years), they must file Form I-751 (Petition to Remove Conditions on Residence) within 90 days before the card’s expiration. This form demonstrates that the marriage is still bona fide and was not entered into solely for immigration purposes.
4. Processing Times and Fees
The total time to process a green card through marriage can vary depending on several factors, such as whether the foreign spouse is in the U.S. or abroad and the processing times at USCIS offices or consulates.
- Adjustment of Status (within the U.S.): 8-14 months on average.
- Consular Processing (outside the U.S.): 10-16 months on average.
The cost to apply for a marriage-based green card includes several fees:
- Form I-130: $535
- Form I-485: $1,225 (including biometrics fee)
- Consular Processing Fees: Approximately $325 for visa processing and $120 for the affidavit of support fee.
5. Final Considerations
Obtaining a green card through marriage is a structured legal process, but it requires careful attention to detail to avoid delays or rejections. It is essential to provide accurate information, compile comprehensive documentation, and prepare for the interview. In cases where the process is complicated, or if there are potential issues (e.g., prior visa overstays or criminal records), consulting with an immigration attorney can help navigate the complexities of U.S. immigration law.
By adhering to the legal process and meeting all the requirements, a foreign national can successfully obtain a green card through marriage and enjoy the benefits of permanent residency in the United States.