The United States offers several immigration pathways, including family ties. A marriage green card allows you to live and work anywhere in the US, provided you’re married to a US citizen or a lawful permanent resident. Applying for a marriage green card can be easy if you follow a step-by-step guide.
At Remitly, we understand that family is everything. So, we’ve prepared this guide to help you navigate the US immigration process and apply for a marriage green card.
Understanding the marriage-based green card
The US government issues various Permanent Resident Cards, commonly known as green cards. A marriage-based green card is one example. It grants the holder permanent resident status, allowing them to live and work in the United States permanently. However, this card doesn’t make you a US citizen.
Marriage green cards are one type of residency. There are a variety of Permanent Resident Cards issued in the US:
- Employment-based (e.g., skilled workers)
- Humanitarian-based for refugees and asylum seekers
- Expats with exceptional circumstances, such as religious workers and juveniles.
- Human trafficking and crime victims
- Victims of abuse
- Registry green card for immigrants who’ve lived in the US continuously since before January 1, 1972
- Family-based green cards for children, parents, and spouses of US citizens or lawful permanent residents—this process is longer and more complex if your spouse is a legal permanent resident and not a US citizen
Benefits of obtaining a marriage-based green card
As a spouse, the US government will issue you one of two immigrant visas. You could be issued an immediate relative green card (IR-1), which is valid for 10 years, like all other green cards. However, the 10-year validity isn’t guaranteed when you first apply.
Only couples married for more than two years at the time of green card approval are eligible to receive the 10-year marriage-based green card.
If you’ve been married for less than two years when seeking green card approval, the government may issue a conditional green card (CR-1), valid for only two years. This is done to curb fraud cases and prove that your marriage is authentic.
There are restrictions and conditions for receiving the CR-1 green card.
- You are not eligible for permanent residency in the United States.
- You could lose your green card if you get a divorce or if your spouse (the US citizen) passes away.
- The US Citizenship and Immigration Services (USCIS) requires proof that your marriage is authentic. Consider taking social media seriously—record your photos, videos, and travel diaries. A few comments from friends and family will help. Also, consider opening a joint account and owning property together.
- You must apply to remove these conditions after two years or you will lose your green card and potentially be asked to leave the US.
If you’re successful, the US government will consider your second green card by marriage application and grant you a 10-year green card.
Obtaining a marriage-based green card has several benefits.
- You’re entitled to the same rights as a US citizen, such as living, working, and studying anywhere in the US. You can also access federal benefits like healthcare and social security. You may travel in and out of the States as much as you wish. However, your voting rights are limited as you can’t vote in federal elections. You also can’t contest for certain government positions.
- Although you can’t vote, you can engage in the political process by volunteering for your candidate of choice or contributing financially.
- You can apply for US citizenship after three years of being married to a US citizen. You do not have to renounce your original country’s citizenship. So, you can be a dual citizen.
- Green card holders receive the full range of legal protections as US citizens.
- You can sponsor other family members (e.g., your children) to become green card holders. Your children not biologically sired by your spouse (the US citizen) are eligible for a green card. But your marriage must occur before the child’s 18th birthday.
Eligibility requirements for a marriage green card
Is a green card by marriage the easiest way to get US permanent residence? Not really.
It takes more than confessing your love and exchanging rings to declare a marriage. Marriage fraud is a serious offense under US law, possibly leading to criminal charges and deportation.
Who qualifies as a spouse?
Under US immigration law, a spouse is a person who is legally married to a US lawful permanent resident or citizen. The marriage must be considered valid by the country or state where it took place.
Most importantly, this marriage must be genuine and not conducted for immigration benefits. Your application will be closely examined for authenticity markers like joint residence, shared moments, joint finances, insurance policies, and other relevant documents.
Minimum age requirements for a sponsor
In most states, US citizens can get married without parental consent at age 18. However, this differs in some states, such as Mississippi, where the legal marriage age without parental consent is 21.
Step-by-step marriage green card application process
The steps are simple and easy.
Submitting forms
The first step is submitting Form I-130 and Form I-485. These are key documents for applying for a marriage green card.
Your spouse will fill out Form I-130 (Petition for Alien Relative) to petition the US government to allow you to immigrate to the United States and gain permanent residency through marriage.
Once the immigration office approves your Form I-130, you can fill out Form I-485 (Application to Register Permanent Residence or Adjust Status) to apply for permanent residency.
Supporting documents necessary for your green card application
The following supporting documents are needed for your marriage green card application:
- Birth certificate
- Passport issued by country of origin
- Marriage certificate
- Photos as a couple, including those of the marriage ceremony
- Divorce papers, if you’ve been previously married
- Financial documents, especially for joint accounts
- Proof of your spouse’s permanent residency or US citizenship
- Current or expired US visas
- Medical examination results
- Tax returns
- Form I-864 (Affidavit of Support) form to prove your sponsor can financially support you as you settle in the US.
Where to apply: consular processing or adjustment of status
The US government offers two marriage green card application pathways.
Consular processing: You can apply for your marriage green card in your host country, via consular processing by applying for an immigrant visa at the US Department of State consulate. This visa will admit you as a lawful permanent resident of the US.
Adjustment of status: You may also apply for a marriage green card while living in the US, without returning to your home country. Simply apply for adjustment of status.
Timelines and processing times
The marriage green card processing times vary between six and 24 months.
Factors such as different US Department of State (DOS) consular offices and USCIS field offices, type of green card (CR-1 or IR-1), the application method (adjustment of status is faster than consular processing), backlogs, anti-marriage fraud measures like the 90-day rule, and your sponsor’s legal status (the process is slower for permanent residents compared to US citizens), affect the process.
Green card interview and approval
The immigration office assures that all your documents are submitted correctly and entirely after you’ve paid all fees and filed your application.
You’ll next be invited to a green card interview at a USCIS field office or the US consulate/ embassy closest to you. This happens seven to 15 months after applying, and you must appear in person.
Preparing for the green card interview
Preparing for your interview is essential as it helps you gather necessary documentation, improve your confidence, understand the expected questions asked, and present a strong case for the authenticity of your marriage.
Here are a few tips to get ready:
- Gather all the original documents and copies attached to your application
- Prepare for the interview with your spouse to avoid contradictory answers.
- Carry proof that your marriage is authentic, such as marriage certificates, wedding photos, joint account statements, phone records, proposal photos, holiday photos, and family gatherings
- Be truthful
Common questions you’ll be asked during the interview
The interview should be simple because it seeks to establish the authenticity of your relationship with your spouse. Expect the questions to be about your daily life, nothing intrusive.
The interviewer will ask details about the relationship, such as how you met. They’ll also ask about important dates such as birthdays, your first date, the proposal, anniversaries, and the wedding date.
They will also want to get to know your children better, including their age, allergies, favorite snacks, and sports they play.
What happens after the interview?
There are five possible outcomes after the interview:
- Your application is denied, but you can appeal at a future date
- You may receive a Request for Evidence (RFE) to provide further information to help the US government reach a decision
- A second in-person interview
- The government may ask for more time to review and verify your information
- Your green card application is approved, and you receive a permanent or conditional green card
Handling common challenges and denials
Although marriage green cards seem straightforward, they have their fair share of issues.
Marriage green card application denial rates
Marriage green cards have a 20% denial rate. However, denial isn’t the only challenge. Concerns about eligibility (such as criminal history), incomplete forms, insufficient evidence, not meeting health requirements, immigration violations, insufficient income if you need support, and contradictory answers contribute negatively to the outcome.
What to do if your application is denied
Denial isn’t final. The US government allows you to appeal your case. Be sure to read the denial notice carefully, then fill out Form I-290B (Notice of Appeal or Motion) within 30 days of receiving the denial notice. A lawyer can help you with this process.
Alternatively, if you believe the denial is unfair, you may file your case with the Administrative Appeals Office (AAO).
You can also simply reapply after you’ve corrected all the highlighted issues with your original application.
When an immigration lawyer is necessary
An immigration lawyer isn’t required for your green card application. However, having one when your case is complex is beneficial for tapping into their specialized knowledge, advocating for your rights, and ensuring compliance with relevant regulations.
The lawyer also helps you avoid some simple mistakes that could lead to a delay or denial, such as incomplete information, inconsistent stories, and insufficient evidence.
FAQs
What is good evidence for a green card marriage?
Provide the government with genuine documentation that proves you’re a couple, such as joint leases, utility bills, shared bank accounts, a marriage certificate, photos, and children’s birth certificates.
What questions do they ask for a marriage green card?
The questions will focus on your life as a couple. Expect questions about how you met, the proposal, your wedding day, specifics about your children, and dates like birthdays or anniversaries.
What are the requirements for a marriage-based green card?
You must prove you’re legally married to a US citizen or permanent resident. The US resident or citizen must fill out Form I-130 and the applicant must fill out Form I-485. Support your application with genuine documentation that proves the marriage exists, such as shared finances, photos, and a marriage certificate.
What documents do I need to sponsor my spouse when filling out Form I-130?
You’ll need proof of your US citizenship or permanent residence, a marriage certificate, a birth certificate, and financial documents to show you can support your partner in the US.
What is proof of income for a green card marriage?
The sponsor must fill out Form I-864 (Affidavit of Support) to show they can support their partner and dependents upon entry into the US.
What is the denial rate for a marriage green card?
The marriage green card denial rate is 20%, usually caused by concerns about eligibility (such as criminal history), incomplete forms, insufficient evidence, not meeting health requirements, immigration violations, insufficient income if you need support, and contradictory answers