How to Legally Obtain an American Green Card Through Marriage
Obtaining a U.S. Green Card through marriage to a U.S. citizen or permanent resident is one of the most common paths to permanent residency in the United States.
While the process can seem daunting, with careful preparation and understanding of the legal requirements, it’s entirely possible to navigate the immigration system successfully. Here’s a step-by-step guide to legally obtain an American Green Card through marriage.
1. Understand the Eligibility Requirements
Before you begin the process, it’s important to know the basic eligibility criteria. To apply for a Green Card through marriage, the following conditions must be met:
- Legitimate Marriage: Your marriage must be legally recognized and bona fide, meaning it is entered into in good faith and not solely for the purpose of obtaining a Green Card.
- U.S. Citizen or Permanent Resident Spouse: You must be married to a U.S. citizen or lawful permanent resident (Green Card holder).
- Valid Visa Status: If you’re already in the U.S. on a different visa, you may be eligible to adjust your status without leaving the country. If you’re outside the U.S., you will need to go through consular processing.
2. Gather Necessary Documentation
The U.S. Citizenship and Immigration Services (USCIS) and the U.S. Department of State require a series of documents to establish the legitimacy of your marriage and your eligibility for a Green Card. Some of the essential documents include:
- Proof of marriage: Marriage certificate, divorce decrees (if applicable), or death certificates of previous spouses.
- Proof of U.S. citizenship or lawful permanent residency: Birth certificate, passport, or Green Card of your U.S. citizen or permanent resident spouse.
- Evidence of a bona fide relationship: This could include joint bank account statements, lease agreements, photos, shared bills, or affidavits from friends and family attesting to the genuineness of your relationship.
- Passport-sized photos: Typically required for both the applicant and the sponsor (spouse).
- Medical examination results: A U.S. immigration-approved physician will need to complete a medical exam.
3. Choose the Correct Application Process
The process for applying for a Green Card through marriage depends on whether the foreign spouse is inside or outside the U.S.
If the foreign spouse is already in the U.S.:
- Adjustment of Status (AOS): If you are already in the U.S. lawfully, you can apply for a Green Card through the Adjustment of Status process. This allows you to stay in the U.S. while your application is processed.
- Form I-130: Petition for Alien Relative. This form is filed by the U.S. citizen or permanent resident spouse to establish the relationship.
- Form I-485: Application to Adjust Status. This form is filed by the foreign spouse to request a change of status to lawful permanent resident.
- Form I-765: Application for Employment Authorization (if you wish to work while waiting for your Green Card).
- Form I-131: Application for Advance Parole (if you plan to travel outside the U.S. while your application is pending).
If the foreign spouse is outside the U.S.:
- Consular Processing: If the foreign spouse is outside the U.S., they will need to go through consular processing, which involves applying for a Green Card at a U.S. embassy or consulate in their home country.
- Form I-130: The U.S. citizen or permanent resident spouse files this petition with USCIS.
- Once USCIS approves the petition, it is sent to the National Visa Center (NVC), which will guide the foreign spouse through the process, including scheduling a visa interview at the U.S. consulate or embassy.
- The foreign spouse will need to complete a visa application (Form DS-260) and undergo a medical examination before the interview.
- If everything is in order, the foreign spouse will be issued an immigrant visa, allowing them to enter the U.S. as a permanent resident.
4. Attend the Interview
Whether you are adjusting your status within the U.S. or going through consular processing abroad, you will likely be required to attend an interview with USCIS (if you are in the U.S.) or a consulate (if you are abroad). During the interview, a USCIS officer or consular officer will ask questions to verify the authenticity of your marriage.
It’s important to be truthful and prepared. Common questions may include:
- How did you meet your spouse?
- When and where did you get married?
- How do you spend your time together?
- Do you have any joint financial or legal obligations?
Both spouses must attend the interview, and bringing supporting documentation like joint tax returns, photos, and evidence of living together will help strengthen your case.
5. Wait for a Decision
After the interview, the officer will make a decision. If your application is approved, the foreign spouse will either receive a Green Card (if already in the U.S.) or an immigrant visa (if abroad). If additional documentation or an explanation is needed, USCIS or the consulate will issue a request for evidence (RFE), and you’ll need to respond.
Conditional Green Card: If your marriage is less than two years old at the time of approval, you will receive a conditional Green Card, which is valid for two years. To remove the conditions, you will need to file Form I-751 (Petition to Remove Conditions on Residence) within 90 days before the card expires.
6. Receiving the Green Card
Once the process is complete and you are approved, you’ll receive your Green Card. If you’re in the U.S., you will receive your physical Green Card by mail. If you are outside the U.S., you can enter the U.S. on an immigrant visa and, once admitted, you will receive your Green Card.
7. Maintaining Your Green Card Status
Once you have your Green Card, it’s important to maintain your lawful permanent resident status by following U.S. immigration laws. This includes renewing your Green Card every 10 years and reporting any changes of address to USCIS.
Additionally, if you received a conditional Green Card, you must file to remove the conditions within the specified time frame.
Key Takeaways
- Ensure that your marriage is legitimate and well-documented.
- Choose the correct process: Adjustment of Status (AOS) if you’re in the U.S. or Consular Processing if you’re abroad.
- Submit complete and accurate paperwork, and attend any interviews or appointments required.
- Respond promptly to any requests from USCIS or the U.S. consulate.
- Be patient, as the process can take several months to over a year, depending on your specific circumstances.
By following these steps and being thorough with your documentation, you can successfully navigate the process of obtaining a Green Card through marriage and take the next steps toward building a life together in the United States.
For any complex or specific issues, it’s always wise to consult an immigration attorney who can provide guidance tailored to your situation.