Marriage Green Card

If you’re married to a U.S. citizen, the marriage green card is your bridge to a life together in the United States. Let’s explore the journey from H-1B to permanent residency.

The marriage green card allows spouses of U.S. citizens to live and work permanently in the country. Whether you met across continents or down the street, love transcends borders.

A marriage based green card application is a permanent resident application for the spouse of a U.S. citizen or lawful permanent resident (green card holder). When a foreign national is married to a U.S. citizen or a lawful permanent resident (green card holder), he/she is eligible to apply for a green card based on the marriage relationship. For this process, U.S. Citizenship and Immigration Services (USCIS) offers two ways to apply: adjustment of status if the foreign spouse is in the United States; and consular processing if the spouse is overseas.

A U.S. sponsor is needed for the marriage based green card application. Valid sponsors are usually the U.S. citizen or the permanent resident spouse. There are additional requirements to show financial abilities to support the foreign spouse imposed on the sponsor. For example, the sponsor must provide tax returns, employment letter, and pay stubs as supplement to the application using form I-864 Affidavit of Support.

Who Can Apply for Marriage Green Cards?

The spouse of a U.S. citizen and the spouse of a Permanent Resident (green card holder) are eligibly for marriage based green cards.

Spouses of U.S. citizens are not subject to any quota systems. This means, there are always green card availability for spouses of U.S. citizens.

Spouse of green card holders are not as lucky. They will be subject to a preference based quota system, and have to wait for their turn in the green card waiting game.

As of January 2021, the visa bulletin for spouses of green card holders (F2A) is current for all national origins. We recommend filing for a green card soon to take full advantage of the current visa bulletin. Contact our office to start the application process.

Types of Marriage Green Card Applications:

There are two main types of marriage green card applications. If the foreign spouse is physically in the U.S., then the process is called an Adjustment of Status – adjusting from another immigration status to permanent residency. If the foreign spouse is outside the U.S., then the process is completed via an interview at the foreign consulate. Regardless of the type of applications, the entire process mainly contain 4 stages: establishing your marriage’s validity, applying for a green card, completing an interview with the USCIS, and removing the conditional green card status.

Adjustment of Status

Adjustment of Status is the process of applying for permanent residence in the United States. This option is only available to someone who is applying within the United States. An adjustment of status application typically consists of the following forms (and their required evidence).

G-1145, E-Notification of Application
G-28, Notice of Entry of Appearance of Attorney
I-130, Petition for Alien Relative
I-130A, Supplemental Information
I-485, Application to Register Permanent Residence
I-864, Affidavit of Support
I-864, Affidavit of Support (if using a joint sponsor)
I-765, Application for Employment Authorization
I-131, Application for Travel Document
I-639, Report of Medical Examination and Vaccination Record

Consular Processing (Applying for a marriage green card from abroad)

If the spouse is physically residing in their home country they must first have their case initiated by filing Form I-130 (Petition for Alien Relative) with the United States Citizenship and Immigration Services (USCIS).

A U.S. citizen or permanent resident then files on behalf of their spouse as proof that a valid marriage has been entered into. Once USCIS approves the petition, it is sent to the National Visa Center where additional information can be requested from you or your spouse before transferring your case to a consulate abroad in order to apply for an immigrant visa.

Applicants who are either physically outside the U.S. or cannot adjust the status as explained above will need to apply via consular processing at a U.S. consulate abroad.

A consular processing application is a complex multi-stage process that typically consists of the following forms and supporting documents (and their required evidence).

G-1145, E-Notification of Application
G-28, Notice of Entry of Appearance of Attorney
I-130, Petition for Alien Relative
I-130A, Supplemental Information
I-485, Application to Register Permanent Residence
I-864, Affidavit of Support
I-864, Affidavit of Support (if using a joint sponsor)
I-765, Application for Employment Authorization
I-131, Application for Travel Document
I-639, Report of Medical Examination and Vaccination Record
DS-260

Supporting Documents to Prove your Marriage is a Bona Fide Marriage

Photos of the couple together in different settings
Marriage Certificate
Joint bank account
Joint rental lease or housing deed
Joint insurance card and policy
Birth Certificates of your children
Affidavits prepared by common friends who have knowledge of your bona fide relationship

Marriage Green Card Income Requirements for the U.S. Sponsoring Spouse

In order to sponsor a foreign spouse for a marriage based green card, the U.S. citizen or green card holder must submit the affidavit to financially support the foreign spouse using form I-864. There are strict income and asset requirements for the U.S. sponsor. The minimum income is typically $21,775 for a household size of 2, and goes up as the household size increases.

The Marriage Green Card Interview

You will have an interview for your marriage based green card. This process is for the USCIS to test that you have a bona fide marriage, or a real marriage. The interview should take anywhere from 10 to 40 minutes. If it goes well, you should receive your conditional green card in the mail after one week.

Removal of Conditions (I-751)

If you’ve been married for less than 2 years while your spouse is granted permanent resident status, your spouse is conditionally given permanent resident status. After you’ve been married for a certain period of time, you and your spouse will apply together to remove the conditions of residence using Form I-751, Petition to Remove the Conditions of Residence. After a successful removal of conditions, your foreign spouse will become an official green card holder.

What can immigration lawyers do for your marriage based green card?

An immigration lawyer at CorpVisa can help with your green card marriage application, forms, documents, supporting evidence, interview preparation, and receive government agency notices on your behalf, and ensure your green card petition happens smoothly. We guide the couple through the labyrinth of legal procedures, ensuring every document is correctly filed and every deadline met. Our expertise helps in navigating complex immigration laws, dealing with potential issues such as past visa overstays or criminal records. We can also represent the couple in interviews with immigration officials, providing reassurance and support in what can often be a stressful process. Thus, an immigration lawyer’s role is pivotal in the marriage green card process, as they facilitate a seamless path towards legal residence. Immigration law can be confusing. Consult our experienced immigration lawyer today to start your green card journey.