Obtaining a green card through marriage is one of the most common ways for foreign nationals to become lawful permanent residents of the United States. While the process is well-established, it involves several steps and can take varying amounts of time depending on several factors. This guide will provide a detailed overview of the green card process through marriage, outlining the steps involved, typical timelines, and key considerations for applicants.
The Basics of a Marriage-Based Green Card
A marriage-based green card allows a foreign spouse of a U.S. citizen or lawful permanent resident (LPR) to live and work permanently in the United States. The process typically involves proving the legitimacy of the marriage, filing various forms, attending interviews, and waiting for approval.
1. Determining Eligibility
The first step in the green card process through marriage is determining eligibility. The couple must prove that their marriage is bona fide and not entered into for immigration purposes. Both spouses must meet certain criteria:
- U.S. Citizen Spouse: Must be a U.S. citizen or lawful permanent resident.
- Foreign Spouse: Must have entered the U.S. legally if applying from within the country, or be eligible for a visa if applying from abroad.
- Marriage Validity: The marriage must be legally recognized in the country where it was performed.
2. Filing the Initial Petition (Form I-130)
Once eligibility is established, the U.S. citizen or LPR spouse files Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS). This form establishes the relationship between the petitioner and the foreign spouse. The petitioner must submit evidence such as:
- A copy of the marriage certificate.
- Proof of termination of any prior marriages.
- Photos of the couple together.
- Affidavits from friends and family attesting to the legitimacy of the marriage.
3. Waiting for USCIS Processing
After submitting Form I-130, the couple must wait for USCIS to process the petition. The processing time can vary but typically takes 7 to 15 months. During this time, USCIS may request additional information or evidence.
4. Applying for a Green Card
The next steps depend on whether the foreign spouse is inside or outside the United States.
SEE ALSO: 8 BENEFITS OF OBTAINING A US GREEN CARD
A. Adjusting Status (For Those in the U.S.)
If the foreign spouse is already in the United States, they can apply to adjust their status to that of a lawful permanent resident by filing Form I-485, Application to Register Permanent Residence or Adjust Status. This form can often be filed concurrently with Form I-130.
Concurrent Filing:
Concurrent filing means filing both Form I-130 and Form I-485 at the same time. This can expedite the process, allowing the foreign spouse to obtain work and travel authorization while waiting for their green card.
Additional Forms:
- Form I-765 (Application for Employment Authorization)
- Form I-131 (Application for Travel Document)
The adjustment of status process involves:
- Biometrics Appointment: The applicant will be scheduled for a biometrics appointment to provide fingerprints, photographs, and a signature.
- Interview: USCIS will schedule an interview with the couple to verify the legitimacy of the marriage.
- Approval: If USCIS approves the application, the foreign spouse will receive their green card in the mail.
The total time for adjusting status within the U.S. can range from 8 to 14 months, depending on various factors, including the service center processing the application.
B. Consular Processing (For Those Outside the U.S.)
If the foreign spouse is outside the United States, they will go through consular processing. This involves applying for an immigrant visa at a U.S. embassy or consulate in their home country. The steps include:
- National Visa Center (NVC) Processing: After USCIS approves Form I-130, the case is transferred to the NVC, which processes the visa application and collects fees and documents.
- Submitting Form DS-260: The foreign spouse submits Form DS-260, Immigrant Visa and Alien Registration Application, online.
- Medical Examination: The foreign spouse must undergo a medical examination by an approved physician.
- Consular Interview: The foreign spouse attends an interview at the U.S. embassy or consulate. The consular officer will ask questions to verify the legitimacy of the marriage.
- Visa Issuance: If approved, the foreign spouse will receive an immigrant visa, allowing them to travel to the United States. Upon entry, they become a lawful permanent resident and will receive their green card by mail.
The consular processing timeline typically ranges from 10 to 16 months, depending on the specific embassy or consulate and any additional administrative processing that may be required.
5. Conditional Green Card for Recent Marriages
If the marriage is less than two years old at the time the green card is approved, the foreign spouse will receive a conditional green card, valid for two years. To remove the conditions, the couple must file Form I-751, Petition to Remove Conditions on Residence, within the 90-day period before the card expires. This process involves proving that the marriage is still bona fide.
6. Receiving the Permanent Green Card
Once the conditions are removed, or if the marriage is older than two years at the time of approval, the foreign spouse receives a permanent green card, valid for ten years. This green card can be renewed indefinitely, provided the holder maintains their permanent resident status.
Factors Affecting Processing Time
Several factors can influence the time it takes to obtain a green card through marriage:
- Service Center Workload: Different USCIS service centers have varying processing times based on their caseload.
- Completeness of Application: Incomplete applications or missing evidence can result in delays.
- Background Checks: Security checks and background investigations can extend the processing time.
- Interview Scheduling: Availability of interview slots at USCIS offices or consulates can vary.
- Additional Requests for Evidence (RFEs): USCIS may issue RFEs if they need more information, which can delay the process.
Tips for a Smoother Process
To help ensure a smoother green card application process, consider the following tips:
- Submit Complete Applications: Ensure all forms are fully completed and all required evidence is included.
- Stay Informed: Keep track of processing times and any changes in USCIS policies or procedures.
- Seek Legal Assistance: Consider consulting an immigration attorney, especially if your case is complex or you have concerns about eligibility.
- Prepare for the Interview: Be ready to answer questions about your relationship and provide additional evidence if needed.
Conclusion
The green card process through marriage is a multi-step journey that requires patience, thorough preparation, and attention to detail. By understanding the steps involved and being proactive in addressing potential issues, couples can navigate the process more smoothly and increase their chances of a successful outcome. Whether adjusting status within the U.S. or going through consular processing abroad, the ultimate goal is to secure lawful permanent residency and begin a new chapter of life together in the United States.
