Congratulations on finding love! Now it’s time to live happily ever after. If you are married to a U.S. citizen or green card holder, you might be looking for ways to legally migrate to the USA to be with your spouse. The good news is that there are processes and ways to move to the US with your spouse.
Before you can make the U.S. your permanent residence, you will probably need to apply for a marriage-based green card. As a U.S. citizen or green card holder, your (intended) spouse will need their own green card to come live with you, and depending on circumstances, the application process will be slightly different.
What is a Marriage Green Card?
A green card is a piece of documentation that allows you to live and work in the U.S. as a permanent resident. It is a type of immigrant visa that U.S. Citizenship and Immigration Services (USCIS) grants and it is the first step towards U.S. citizenship.
A marriage-based green card is valid for a set period of time before you must renew it. There are two types of marriage green cards for spouses married to U.S. citizens or green card holders.
- IR1 green card: This green card lasts for 10 years and is applicable to couples who have been married for over two years.
- CR1 green card: Also known as a conditional green card, this card is applicable to couples who have been married for less than two years. After the expiration, you can apply to renew and get a 10-year green card.
If you are marrying a foreigner and plan to sponsor your new husband or wife for a U.S. green card (lawful permanent residence), below are some important legal steps to take. We’ll cover basic eligibility and the steps you will need to take, whether the immigrant is residing in the United States now or overseas.
This is a general overview of how the process works for most people. Your situation could involve complications or qualify for exceptions; see an experienced immigration attorney for a full analysis.
Who is Eligible for a Marriage Green Card?
To be eligible for a marriage-based green card, you must prove several things to USCIS, including the following:
1. Your Marriage Is Legal
For your marriage to be legally valid for immigration purposes, it must be officially recognized by the government in the country where your marriage took place.
2. You Are Married to a U.S. Citizen or Lawful Permanent Resident
The U.S. government gives immediate relatives of U.S. citizens priority in the green card process. To prove that your spouse is a U.S. citizen, you need to provide a copy of their birth certificate, U.S. passport, naturalization certificate, or certificate of citizenship with your application.
Being married to a U.S. green card holder (a legal permanent resident) also entitles you to apply for a green card. A copy of your spouse’s green card is sufficient proof of this requirement.
3. Your Marriage Is Legitimate
Due to people faking marriages to live and work in the U.S., the U.S. Citizenship and Immigration Services (USCIS) now requires documents showing that you and your spouse are actually building a life together to prove that your marriage is “bona fide.”
Some of the documents required by USCIS as strong evidence include joint bank accounts, life insurance, wills, joint lease agreements, joint utility bills, and joint ownership of property.
Other medium-quality evidence includes joint travel itineraries, split utilities, text messages, phone logs, and social media conversations. Cards, affidavits from friends or family members, single travel itineraries, and tickets to shows are considered the weakest type of evidence but can still be helpful.
4. Neither of You Is Married to Anyone Else
If you’ve been married in the past, you will have to provide a divorce decree, death certificate, or another document to prove your prior marriage has ended.
How To Apply for a Marriage Green Card?
Once you have determined that you are eligible for a marriage-based green card, applying is a three-step process:
- Submit Form I-130 and supporting documents
- Submit your green card application (Form I-485 or Form DS-260)
- Attend your green card interview and receive your green card
Step 1: Submit Form I-130
The first step in the process of applying for a marriage-based green card is completing Form I-130: Petition for Alien Relative. The purpose of the I-130 petition is to establish that you have a valid marriage to a U.S. citizen or green card holder.
Along with the completed form, you must provide your marriage certificate and the required documents showing that your marriage is legitimate.
Once the I-130 filing package is complete, you can submit it online in your USCIS account or mail it to the appropriate USCIS address.
Step 2: Apply for Your Marriage Green Card
The next step in your application process is to apply for permanent residency in the U.S. The way you do that will depend on whether you are living in the U.S. or abroad when you apply. If you live in the U.S., you’ll file for an adjustment of status. If you live abroad, you’ll file using consular processing.
How to Apply for a Marriage Green Card From the U.S.
If you are currently living inside the United States, you must file Form I-485: Application to Register Permanent Residence or Adjust Status. This is more commonly known as the Adjustment of Status form because it allows you to change your current immigration status to a marriage-based green card.
When you submit Form I-485, you must also submit supporting documents, including the following:
- Your birth certificate
- Proof of your lawful entry into the U.S. (like your I-94 travel record or prior visa)
- Proof of your immigration medical examination
- Documents showing that your spouse will be able to financially support you in the United States
If your spouse is a U.S. citizen, then you will usually submit your Form I-485 at the same time as your Form I-130. This is called concurrent filing.
If your spouse is a green card holder, however, you will have to wait several more months before submitting your Form I-485, known as non-concurrent filing. The government will notify you when it is time to file your Form I-485.
How to Apply for a Marriage Green Card From Abroad
For couples currently living outside of the United States, you will need to process your marriage green card through the consular processing.
With consular processing, you wait in your home country until USCIS approves your Form I-130. Once USCIS approves your Form I-130, it will send your file to the U.S. Department of State’s National Visa Center (NVC).
The NVC will then send you a notice with important case information. The agency will send this notice by mail or email, depending on what you requested when you filed your Form I-130. The NVC will also let you know when you can take the next step — submitting your NVC filing package.
Your NVC filing package will include:
- The required government filing fee of $445. You will usually pay these online, but look for specific instructions from the NVC or the U.S. consulate or embassy handling your case.
- Your Form DS-260. This is your actual green card application, and you will file it online through the Consular Electronic Application Center (CEAC).
- Proof of your nationality. This is usually a copy of your birth certificate and passport photo page.
- Police clearance certificates from relevant countries where you have lived since age 16.
- Proof that your U.S. citizen or green card holder spouse will be able to financially support you. This includes Form I-864, which is called the Affidavit of Support, and evidence like tax returns and pay stubs.
Step 3: Attend Your Green Card Interview and Receive Your Green Card
To complete your application process, you need to attend your green card interview. The aim of this interview is for the U.S. government to determine where your application is legitimate and whether to give you a green card.
At your interview, the immigration officer will ask you questions about your relationship with your spouse, your daily activities, and your future plans as a couple. You should expect extra questions if your case has any facts that might suggest immigration fraud.
This includes things like:
- A large age gap between you and your spouse
- Knowing your spouse for fewer than two years before marriage
- Having a very different cultural background than your spouse
- Having different addresses show up for you and your spouse online
You’ll usually have your green card interview at a local U.S. embassy or consulate if you apply through consular processing. If you are adjusting your status, you’ll have an interview at a local USCIS field office in the U.S.
How Long Does It Take To Get a Marriage Green Card?
The marriage green card processing time depends on whether you’re already living in the U.S. and whether you’re married to a U.S. citizen or a green card holder. It can take a while, so some people start preparing their forms with their fiancé up to 90 days before they get married.
Processing Times for Applicants Living in the U.S. With a U.S. Citizen Spouse
The total processing time for your applications should be 10–13 months if you are married to a U.S. citizen and living in the U.S. Here’s a breakdown of the timeline:
- Proving that your marriage is real with Form I-130 and applying for a green card at the same time (concurrently) with Form I-485: 9–11 months
- Attending your green card interview and waiting for your green card: 1–2 months
- Total processing time: 10–13 months
Processing Times for Applicants Living in the U.S. with a Permanent Resident Spouse
For couples living in the U.S, with a green card holder, it takes about 1–15 months for USCIS to approve your Form I-130. Then, you must wait until a green card becomes available for you in the Visa Bulletin, which takes another 8–10 months.
Then, you must submit your Form I-485, which takes USCIS 9–11 months to process. Finally, there is the interview and approval of your application, which takes another 1–2 months.
In total, the processing time will be 29–38 months from the date you file Form I-130.
Processing Times for Applicants Living Abroad with a U.S. Citizen Spouse
If you’re living abroad while married to a U.S. citizen, it should take 7–10 months for USCIS to approve your I-130. After that, you will need to wait an additional 4–6 months for the National Visa Center (NVC) to approve your DS-260.
In total, it will take about 11–17 months after you file for you to receive your green card.
Processing Times for Applicants Living Abroad With a Permanent Resident Spouse
If you are living abroad while married to a green card holder, it will take 11–15 months for USCIS to approve your Form I-130. Then you will need to wait for a green card number to become available. You can check this in the Visa Bulletin. This process takes roughly 8–10 months. Then, you will submit your DS-260 and usually wait another 4–7 months for approval.
In total, you should expect a wait time of 23–32 months until you get your marriage-based green card.
How Much Does It Cost To Get a Marriage Green Card?
As of the time of writing, the cost of getting a marriage green card is $1,760 if the applicant applied while living in the United States or $1,200 if they applied from abroad. These totals include the required U.S. government filing fees and biometrics fees, which are non-refundable. They also include the average cost of the required medical examination.
In addition to the government fees, hiring a lawyer to help with your green card case may cost an additional $2,000–$6,000, depending on the complexity of your case.
