How to Get a Marriage-Based Green Card: Everything You Need to Know
A marriage-based green card allows the spouse of a U.S. citizen or lawful permanent resident to live and work in the United States permanently. This process involves multiple steps, from filing the correct paperwork to attending interviews and meeting eligibility requirements. In this guide, we’ll walk you through every step of the marriage-based green card process to help you avoid common pitfalls and ensure a smooth application.
Step 1: Determine Your Eligibility
Who Qualifies for a Marriage-Based Green Card?
- Spouses of U.S. citizens (immediate relatives)
- Spouses of green card holders (subject to visa availability and priority dates)
- Same-sex and opposite-sex couples (as long as the marriage is legally recognized)
Key Eligibility Requirements
- A legally valid marriage recognized in the U.S. or the country where it took place
- Proof of a bona fide marriage (genuine relationship, not solely for immigration purposes)
- No criminal or immigration violations that could disqualify you
Step 2: File Form I-130 (Petition for Alien Relative)
Purpose of Form I-130
This form establishes that a valid marriage exists between the U.S. citizen or permanent resident and the foreign spouse.
Required Documents
- Marriage certificate
- Proof of spouse’s U.S. citizenship or green card (passport, birth certificate, or naturalization certificate)
- Evidence of a bona fide marriage (joint bank statements, lease agreements, wedding photos, etc.)
- Filing fee ($535 as of 2024)
Step 3: Wait for USCIS Approval & Visa Availability
- If the petitioner is a U.S. citizen, the case moves forward immediately.
- If the petitioner is a green card holder, the foreign spouse must wait for a visa number to become available based on the visa bulletin.
Step 4: File Adjustment of Status (I-485) or Consular Processing
Adjustment of Status (For Spouses in the U.S.)
- File Form I-485 (Application to Register Permanent Residence)
- Submit medical exam results (Form I-693)
- Pay filing fees ($1,140 + $85 biometric fee)
- Attend a biometrics appointment
- Wait for the work and travel permit (EAD and Advance Parole)
- Attend the USCIS interview
Consular Processing (For Spouses Outside the U.S.)
- File DS-260 (Immigrant Visa Application)
- Submit civil documents to the National Visa Center (NVC)
- Attend an interview at the U.S. embassy or consulate in your home country
Step 5: Attend the Marriage Green Card Interview
Common Interview Questions
- How did you meet your spouse?
- What are your spouse’s hobbies?
- Can you describe your wedding?
Tips for Success
- Be honest and consistent in your answers.
- Bring all required documents, including originals and copies.
- Dress professionally and remain calm.
Step 6: Receive Your Green Card
Conditional vs. Permanent Green Card
- If you’ve been married for less than 2 years, you’ll receive a conditional green card (valid for 2 years).
- If married for more than 2 years, you’ll receive a 10-year green card.
Removing Conditions (For Conditional Green Card Holders)
- File Form I-751 (Petition to Remove Conditions on Residence) within 90 days before the expiration date.
- Submit proof of continued marital relationship.
- Attend another interview if requested.
Common Reasons for Denial & How to Avoid Them
- Insufficient evidence of a bona fide marriage → Provide multiple forms of proof.
- Failure to attend interviews → Keep track of USCIS and embassy notices.
- Errors in forms or missing documents → Double-check applications before submission.
- Criminal history or immigration violations → Consult an immigration attorney for guidance.
Conclusion
Obtaining a marriage-based green card can be a complex process, but careful preparation and understanding of the requirements can make it smoother. By following these steps and avoiding common mistakes, you can maximize your chances of a successful application. If you encounter complications, consider seeking help from an experienced immigration lawyer to guide you through the process.
Need Help? Contact an immigration attorney today for a consultation on your marriage-based green card application!
