A marriage green card, officially known as a “U.S. Permanent Resident Card,” is a legal document that allows a foreign national who is married to a U.S. citizen or a U.S. permanent resident (green card holder) to live and work in the United States as a lawful permanent resident. It is one of the ways in which individuals can obtain lawful permanent residency (commonly referred to as a green card) in the United States.
To obtain a marriage green card, the foreign national spouse must go through a process known as “adjustment of status” if they are already in the United States, or “consular processing” if they are outside the United States. The key requirement for obtaining a marriage green card is a genuine and legally recognized marriage to a U.S. citizen or permanent resident. The U.S. citizen or permanent resident spouse typically serves as the sponsor for the foreign national spouse.
The process involves several steps, including:
- Filing Form I-130, Petition for Alien Relative: The U.S. citizen or permanent resident spouse files this form to establish the qualifying relationship with the foreign national spouse.
- Filing Form I-485, Application to Adjust Status: If the foreign national spouse is already in the United States, they can file this form to apply for lawful permanent residency. If they are outside the U.S., they would go through consular processing at a U.S. embassy or consulate.
- Attending an interview: Both spouses may be required to attend an interview with U.S. Citizenship and Immigration Services (USCIS) to verify the authenticity of the marriage.
- Providing evidence: The couple must provide evidence of a bona fide marriage, such as joint financial records, shared living arrangements, and affidavits from friends and family who can attest to the legitimacy of the marriage.
- Medical examination and background checks: The foreign national spouse is typically required to undergo a medical examination and background checks as part of the application process.
How To Apply For A Marriage Green Card?
Applying for a marriage green card involves a multi-step process that may vary depending on your specific circumstances. Here are the general steps to apply for a marriage green card:
- Eligibility: Before you begin the application process, ensure that you meet the eligibility criteria. You must be married to a U.S. citizen or a U.S. permanent resident (green card holder). Additionally, you must be admissible to the United States and not have any disqualifying criminal or immigration history.
File Form I-130, Petition for Alien Relative:
- The U.S. citizen or permanent resident spouse starts the process by filing Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS). This form establishes the qualifying relationship between the U.S. citizen or permanent resident and the foreign national spouse.
Receive USCIS Approval:
- USCIS will review the Form I-130 and, if approved, will send a Notice of Action (Form I-797) indicating that the petition has been accepted and forwarded to the National Visa Center (NVC).
File Form I-485, Application to Adjust Status (if in the U.S.) or Go Through Consular Processing (if outside the U.S.):
- If the foreign national spouse is already in the United States, they can file Form I-485, Application to Adjust Status, to apply for lawful permanent residency (green card).
- If the foreign national spouse is outside the United States, they will go through consular processing at a U.S. embassy or consulate in their home country.
Attend a Biometrics Appointment (if applicable):
- USCIS may schedule a biometrics appointment for fingerprinting and background checks.
Attend an Interview (if required):
- Both spouses may be required to attend an interview with USCIS to verify the authenticity of the marriage.
Provide Supporting Documents:
- Both spouses must provide evidence of a bona fide marriage, including joint financial records, shared living arrangements, photographs, affidavits from friends and family, and any other documents that demonstrate the authenticity of the marriage.
Medical Examination:
- The foreign national spouse is typically required to undergo a medical examination by an approved civil surgeon.
Wait for USCIS Decision:
- USCIS will review the application, conduct background checks, and, if everything is in order, approve the application.
Conditional Green Card (if applicable):
- If the marriage is less than two years old at the time of approval, the foreign national spouse will receive a conditional green card valid for two years.
Remove Conditions (if applicable):
- Within the 90-day period before the conditional green card expires, both spouses must jointly file Form I-751, Petition to Remove Conditions on Residence, to establish that the marriage is still genuine.
Receive 10-Year Green Card (if conditions are removed):
- If the conditions are successfully removed, the foreign national spouse will receive a 10-year green card, which grants permanent residency without conditions.
