Green Card Through Marriage Process

Congratulations on your marriage! A Green Card Through Marriage Process allows the spouse of a U.S. citizen or green card holder to live and work in the United States.

You will have “permanent resident” status until to apply for U.S. citizenship, for which you become eligible after three years if you wish.

Are you looking to apply for a marriage Green Card? Keep reading to find out all you need to know about Green Card Trough Marriage Process!

How do I get a marriage Green Card?

• Marriage relationship (Form I-130):

Getting a Green Card through marriage takes 3 steps in general:

The first step in the process of getting a Green Card through marriage is to submit Form I-130 (Petition for Alien Relative) to USCIS, which is part of the U.S. Department of Homeland Security.

The purpose of the I-130 form, and required documents, is to recognize that a valid marriage exists.

The spouse filing the I-130 is called the “petitioner” or “sponsor.” This is the spouse who is a U.S. citizen or Green Card holder.

The spouse seeking a Green Card is also called the “beneficiary” or “green card applicant.”

After completing I-130 filing you will need:

• Pay the Government filing fee of $535;
• Proof that the sponsoring spouse is a U.S. citizen (copy of the sponsor’s birth certificate, naturalization certificate, or valid U.S. passport photo page, for example) or permanent resident;
• Proof that a legally valid marriage exists;
• Proof that the marriage is not fraudulent;
• Proof that any previous marriage of either spouse has been terminated;
• Mail to the appropriate USCIS address.

USCIS sends the sponsoring spouse an official “receipt notice” in the mail in two weeks.

If USCIS needs more information or documents, they will send the sponsoring spouse a Request for Evidence (RFE) within 2–3 months.

USCIS usually decides on the I-130 application within 7–15 months, depending on the couple’s situation.

After receiving notice that the I-130 form has been approved, the next step will be to know the spouse seeking a green card is eligible or not.

• Eligibility:

If the spouse physically lives in the United States, the next step is to file Form I-485 (“Adjustment of Status” application).

The I-485 is filed with USCIS, and its purpose is to establish that the spouse is eligible for a Green Card.

After completing the I-485 form you will need:

• Pay government filing fees of $1,225;
• Proof of nationality of the spouse seeking a Green Card (copy of birth certificate and passport photo page);
• Proof of lawful entry to the United States by the spouse (copy of I-94 travel record and prior U.S. visa);
• To present a medical examination performed by a USCIS-approved doctor;
• Proof of the sponsoring spouse’s ability to financially support the spouse (including Form I-864, or “Affidavit of Support,” and other proof such as tax returns and pay stubs);

USCIS usually processes in 8-11 months, does not consider possible delays.

• Interview:

The final step in the marriage-based Green Card process is the interview.

Questions can focus on the relationship history, or future plans together.

If the interviewing officer is convinced that the marriage is not false, they will approve the Green Card.

The spouse will then receive a visa stamp in their passport, allowing for travel to the United States.

How Long Does It Take to Get a Green Card?

The wait time for a marriage-based Green Card ranges between 9 to 36 months.

This time can change if you are married to a U.S. citizen or Green Card holder.

This estimated time does not consider possible delays.

Can I Stay in US While Waiting for Marriage Green Card?

It depends on which category you are applying under and which country you are from.

Some spouses can stay in the U.S. for the whole process of applying for a U.S. Green Card.

Other spouses must leave the U.S., either while they wait for a visa or in order to attend their immigrant visa interview.

In general, an immigrant visa is immediately available if:

• You are the direct relative of a U.S. citizen petitioner;
• You are applying based on having received asylum or refugee status in the U.S;
• You are applying for residence certain other family members;
• If you have a U.S. employer in a category where there are fewer applicants each year than the number of available visas.

In resume, you need to know if you’re allowed to apply for your Green Card without leaving the U.S., through the procedure known as “adjustment of status”.

If your eligibility category makes you a “preference” beneficiary, then a visa is not immediately available to you.

After your petition on Form I-130 or I-140 with U.S. Citizenship and Immigration Services is approved, you will receive a “Priority Date,” or a place on the waiting list.

So, you don’t receive any right to remain in the U.S. while you wait for your Priority Date to become current.

Once you file for your adjustment of status and your EAD gets approved you are allowed to work in the U.S.

Do you need a Green Card or another immigration service? Contact Us! Wizard Visa helps you get your application done faster. Ready to start?

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