Applying for a Marriage Green Card in the United States
Obtaining a Lawful Permanent Resident Card, or “Green Card,” through marriage to a U.S. citizen can be complex, and both spouses must meet specific eligibility requirements for acceptance. While becoming a permanent resident can seem daunting, there are plenty of resources available to help you navigate the process.
What is a marriage-based green card?
When a foreign national marries a U.S. citizen or permanent resident, they can apply for their adjustment of status based on a bona fide marriage. However, certain stipulations apply, and not everyone seeking a green card will get one.
How long does it take to get a green card through marriage?
Timelines for marriage-based green cards vary depending on several factors, including whether both spouses are currently in the United States and whether the foreign national is marrying a US citizen or a green card holder. In general, the process can take anywhere from six months to three years.
What documents will you need to apply for a marriage-based green card?
Form I-130, officially known as the Petition for Alien Relative, is an essential document needed to obtain a marriage-based green card. We’ll take a closer look at this document below. Other items include a valid marriage certificate, photo identification, and proof of legal entry into the United States.
Additionally, you’ll need to show bona-fide evidence that your marriage is genuine and not simply a means to obtain a green card. This may include photos of you with your spouse, official statements from people who can verify your relationship is legitimate, proof of shared bank accounts, and tax documents showing you filed jointly.
You’ll also need to undergo a medical evaluation and provide proof of certain vaccinations.
How much does it cost to receive a marriage-based green card?
Without accounting for legal representation, a marriage green card can cost between $1,000 and $3,000. This includes fees associated with Form I-130, I-485, I-765, I-131, and any related biometrics (fingerprints) fees.
The marriage-based green card process
While the process of obtaining a marriage-based green card can feel like climbing a mountain, it’s relatively straightforward. Here’s a step-by-step guide to get you started:
Step 1: Fill out and submit Form I-130
As soon as your marriage certificate is completed, you can start filling out Form I-130 through U.S. Citizenship and Immigration Services (USCIS) under the Department of Homeland Security. This document initiates the process of obtaining a marriage-based green card.
The U.S. citizen is considered the “Petitioner,” while the immigrant spouse is the “Beneficiary.” Form I-130 includes identifying information about both spouses as well as employment status, resident status, and other pertinent details.
It’s essential to answer all questions truthfully and completely. Failing to answer each question may result in an automatic denial. Even writing “N/A” for something that does not apply to you can give you a better chance than leaving a question blank.
Be sure to attach any supplemental documents along with this form, such as proof of citizenship, marriage certificate, and evidence supporting the validity of your marriage. Within two to three weeks, you’ll receive a notice of receipt. You can check the average case processing times through the official government website: www.uscis.gov.
Step 2: Apply for your green card
If both spouses currently reside in the U.S. and the Petitioner is a U.S. citizen, you can submit Form I-485 along with Form I-130. Form I-485 is the Adjustment of Status application, which demonstrates that the Beneficiary is eligible for a green card.
Spouses of green card holders must wait for USCIS approval in response to Form I-130 before submitting Form I-485. However, when the immigrant spouse is living abroad, they must submit the adjustment of status application to the National Visa Center.
Step 3: Attend your green card interview
The final step of obtaining a marriage-based green card is to attend an interview with a USCIS representative who will assess the validity of your relationship. Both spouses must prepare for and attend this meeting together, if possible. You’ll want to begin preparing for this interview as early as possible by compiling legal documents, as well as photographs showing different points in your relationship.
Interviewers may ask questions about each partner’s personal history, as well as details of how you met, whether or not you went on a honeymoon, and even if one of you is the primary cook in your household. So, it’s important to be prepared for anything.
What’s the acceptance rate of marriage-based green cards?
In 2023 alone, the USCIS granted 878,500 new citizens entry into the United States, highlighting the agency’s processing capabilities and the positive outlook for Petitioners and Beneficiaries applying for marriage-based green cards. Overall, this high approval rate bodes well for those seeking green cards or citizenship through marriage.
However, you must ensure all forms, applications, and fees are correctly completed and submitted, and that all required information is provided to the government to maximize acceptance chances.
How can an immigration lawyer help you with the process?
U.S. Immigration laws are complex, and navigating the process can be overwhelming, even for people born and raised in the U.S. A qualified and experienced immigration lawyer can help ensure all documents are filled out appropriately and that both spouses are prepared for the USCIS interview.
Busciglio Sheridan & Schoeb has the experience to help you through the immigration process
At Busciglio Sheridan & Schoeb, P.A., we’re dedicated to helping our clients navigate the immigration process to obtain status as permanent residents. Contact us today to learn how we can help.