How to Apply for a Green Card After Marriage to a U.S. Citizen or Green Card Holder

If you are married to a U.S. citizen or a permanent resident (green card holder), you can apply for a green card (permanent residency) in the United States.

The process typically consists of two main steps: filing the I-130 Petition and applying for a green card (I-485).

This process is known as Adjustment of Status (AOS).

 

Here's a detailed guide to help you understand the steps involved in applying for a green card after marriage.

 

1. Steps to Apply for a Green Card After Marriage

1.1 File the I-130 Petition

The first step in the process is submitting the I-130 Petition. This petition is filed by the U.S. citizen or green card holder spouse to sponsor the foreign national spouse.

Once the petition is submitted, it is necessary to prove that the marriage is legitimate and authentic.

• Required Documents:
  • Marriage certificate
  • Proof of U.S. citizenship or permanent residency of the petitioner (e.g., passport, green card)
  • Copy of the applicant's passport
  • Documents proving the authenticity of the marriage (e.g., photos, emails, travel records)

1.2 Apply for the Green Card (I-485)

Once the I-130 Petition is approved, the foreign spouse can apply for the green card by submitting the I-485 Application for Adjustment of Status. This allows the foreign spouse to obtain legal permanent residency through the marriage.

• Required Documents:
  • Copy of the approved I-130 Petition
  • Marriage certificate
  • Medical examination results (Form I-693)
  • Financial support documents (proving the U.S. citizen or green card holder can financially support the spouse)

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2. Interview and Approval Process

2.1 Interview Procedure

After submitting the green card application, the U.S. Citizenship and Immigration Services (USCIS) may request an interview. The purpose of the interview is to verify the authenticity of the marriage. Expect questions about your relationship and daily life together, as this is a part of preventing fraudulent marriages.

• Important Tips for the Interview:
  • Be prepared with evidence that proves the legitimacy of your marriage. This can include joint bank account statements, lease agreements showing shared residence, wedding photos, etc.

2.2 Green Card Approval

After the interview and once all required documents are submitted correctly, the green card will be approved. The foreign spouse will receive their green card, granting them legal permanent residency in the U.S. However, the first green card issued will be conditional if the marriage is less than two years old at the time of approval. The foreign spouse will need to apply to remove the conditions within two years.

 

3. Removing Conditions on a Green Card

If the marriage-based green card is conditional (i.e., the marriage is less than two years old), the foreign spouse will need to file Form I-751 to remove the conditions on their green card. This petition must be filed within the 90-day period before the green card expires.

• Required Documents:
  • Evidence that the marriage is still valid (e.g., joint financial documents, proof of shared residence)

 

4. Important Considerations During the Green Card Process

4.1 Proving the Legitimacy of the Marriage

USCIS will thoroughly investigate the authenticity of the marriage. If there is suspicion of a fraudulent marriage (e.g., a "sham" marriage), the green card application may be denied. It’s crucial to provide substantial proof of your marriage’s legitimacy.

• Examples of Evidence:
  • Wedding photos, travel records, testimonies from family and friends, joint financial documents, and shared living arrangements.

4.2 Processing Delays

Once the I-130 and I-485 applications are filed, there can be delays in processing. The foreign spouse must ensure they maintain lawful status in the U.S. while waiting for the approval. Be cautious of overstaying the visa or staying beyond the authorized period.

4.3 Financial Support

The U.S. citizen or permanent resident spouse must prove they can financially support the foreign spouse. This is done by submitting financial documents such as tax returns, pay stubs, and bank statements. If the petitioner's income does not meet the requirement, they may need a co-sponsor.

 

5. Timeline for the Green Card Application Process

• I-130 Petition Processing Time: Approximately 6-12 months
• Green Card Application (I-485) Processing Time: Approximately 8-12 months
• Removal of Conditions (I-751) Processing Time: Approximately 12-18 months

Please note that these timelines are average estimates. Some cases may take less time, while others may take longer depending on the specific circumstances.