A marriage green card allows the spouse of a US citizen or green card holder to live and work anywhere in the United States. This guide will explain how to get a green card through marriage, who is eligible, and what to expect during the process.
What is a Marriage Green Card?
A marriage green card gives you “permanent resident” status in the US This means you can live and work in the country legally and can apply for citizenship after three years.
Who is Eligible for a Marriage Green Card?
To be eligible for a marriage green card, you must meet these requirements:
- You are legally married to a US citizen or green card holder
- Your marriage is genuine and not just for immigration purposes
- You and your spouse are legally free to marry (any previous marriages ended legally)
- Your US citizen or green card holder spouse can financially support you
- You are admissible to the United States (no serious criminal record, health issues, or immigration violations)
Same-sex couples can apply for marriage green cards if their marriage is recognized by the state where it took place.
How to Get a Marriage Green Card
There are three main steps to get a green card through marriage:
- File Form I-130 to prove your marriage is real
- Apply for the green card with Form I-485 (if in the US) or Form DS-260 (if outside the US)
- Attend an interview and wait for approval
Let’s look at each step in more detail:
Step 1: Prove Your Marriage is Real (Form I-130)
The US citizen or green card holder spouse must file Form I-130. This form shows that you have a real marriage. You’ll need to send:
- A copy of your marriage certificate
- Proof that any past marriages ended (like divorce papers)
- Evidence that your marriage is real (like joint bank statements, lease agreements, or photos together)
- Proof of US citizenship or green card status for the sponsoring spouse
It usually takes about 12 months for USCIS to process this form.
Step 2: Apply for the Green Card
If you’re in the US: File Form I-485 to apply for your green card. This is called “adjustment of status.” You’ll need to send:
- Proof of your identity and nationality (like a passport)
- Proof you entered the US legally (like your I-94 travel record)
- Medical exam results from a USCIS-approved doctor
- Proof your spouse can support you financially (Form I-864, Affidavit of Support)
- Passport-style photos
If you’re outside the US: You’ll apply through a US embassy or consulate using Form DS-260. This is called “consular processing.” You’ll need similar documents, plus:
- Police clearance certificates from countries you’ve lived in
- Proof you’ll return to your home country if your visa is denied
Step 3: Attend the Interview and Wait for Approval
The final step is an interview with an immigration officer. They’ll ask questions about your relationship to make sure your marriage is real. Some common questions include:
- How did you meet?
- What do you like to do together?
- How do you divide household chores?
- What are your future plans together?
If approved, you’ll get your green card in a few weeks
Detailed Timeline
For spouses of US citizens living in the US:
- The total processing time averages 9-21 months
- I-130 petition processing typically takes around 12 months
- I-485 application processing ranges from 7-9 months
For spouses of US citizens residing abroad:
- Total processing time is generally 13-20 months
- I-130 processing usually takes about 12 months
- NVC processing averages 1-2 months
- Interview scheduling and visa processing adds another 2-6 months
For spouses of US green card holders:
- Total processing time ranges from 30-42 months
- I-130 processing averages 12 months
- Waiting for a visa to become available based on annual caps takes 10-12 months
- I-485 adjustment of status or consular processing ranges from 8-18 months
What are the Costs?
The government filing fees for a marriage-based green card are:
- $1,760 for spouses in the US ($535 for Form I-130, $1,225 for Form I-485)
- $1,200 for spouses outside the US ($535 for I-130, $325 for DS-260 visa application, $220 for Affidavit of Support review, $120 USCIS immigrant fee)
Additional costs may include the medical examination ($200-$500), document translations, and travel-related expenses.
Frequently Asked Questions
Can I work with a marriage green card?
Yes, a marriage green card allows you to work in the US If you’re applying from within the US, you can also apply for a work permit while your green card application is pending.
How long do you have to stay married to keep your green card?
If you’ve been married less than 2 years when you get your green card, you’ll get a “conditional” green card valid for 2 years. You must apply to remove the conditions 90 days before it expires. This involves proving your marriage is still genuine and ongoing.
What if my marriage ends before I get my green card?
If your marriage ends before you get your green card, you may no longer be eligible. The green card process requires a real, ongoing marriage. However, there are some exceptions for cases involving domestic violence or extreme hardship.
Can I travel outside the US with a marriage green card?
Yes, but don’t travel before your green card is approved unless you have an approved Form I-131 (Advance Parole). If you travel without advance parole, your adjustment of status application could be considered abandoned. After approval, you can travel, but staying outside the US for more than 6 months can affect your permanent resident status.
What happens after I get my green card?
If you’ve been married less than 2 years, you’ll get a conditional green card valid for 2 years. You’ll need to apply to remove the conditions before it expires. If you’ve been married for more than 2 years, you’ll get a 10-year green card.
After 3 years of marriage and living in the US, you can apply for citizenship if you want to.
How does USCIS investigate marriages?
USCIS carefully reviews your application and supporting documents. They may also:
- Interview you and your spouse separately
- Visit your home
- Talk to your neighbors or co-workers
- Check your social media accounts
It’s crucial to be honest throughout the process. Marriage fraud is a serious crime with severe penalties.
Getting a marriage green card can be complicated, but understanding the process can help. Remember, it’s important to prove your marriage is real and to follow all the rules carefully. If you’re unsure about any part of the process, contact our immigration lawyers at Altius Law for help.
