The green card through marriage process explained
Obtaining a permanent residence / green card through marriage can often times be the fastest way to obtain residency in the US, however approval is not guaranteed or automatic.
It is very important to be aware that these marriage green card petitions are scrutinized to ensure that the marriage is bona fide (legitimate) and that it was not entered into for the sole purpose of obtaining immigration benefits.
Our firm has significant experience in successfully filing marriage green card petitions. We work with clients nationwide who are seeking marriage based green cards and other family visas.
We have successfully handled hundreds of marriage green card cases and we can guide you through the current policies and prevent delays due to mistakes.
If both the U.S. Citizen and Foreign National Spouse are in the U.S., the U.S. Citizen may apply for the Foreign National Spouse´s Permanent Residence through Adjustment of Status with the USCIS.
Who qualifies for the green card through marriage to a US Citizen:
- Any U.S. Citizen in the United States with a Foreign National Spouse who entered the U.S. legally with a visa or a visa waiver.
- It is OK if the visa or I-94 has expired.
- Canadian Citizens are not required to show proof of legal entry.
An overview of the marriage green card Process:
Once the marriage has taken place, the couple files the following with USCIS:
- • Petition for Alien Relative (USCIS Form I-130)
- • Application to Register Permanent Residence (USCIS Form I-485)
- • Biographic Information (USCIS Form G-325A)
- • Affidavit of Support (USCIS Form I-864)
- • Permission for Work Authorization (Optional) (USCIS Form I-765)
- • Medical Examination Results (USCIS Form I-693)
- • Request for Travel Documents (Optional) (USCIS Form I-131)
- • The appropriate supporting documents
- • The USCIS filing fees ($1,010 to $1,365).
The USCIS will first contact you first regarding the Biometrics Appointment.
The USCIS will then issue the work authorization and permission to travel approximately 90 days after filing.
The USCIS will contact you next to schedule an interview. This will be anywhere from 2 months to 4 months after filing the initial application.
Following a successful interview, the foreign national spouse will receive a stamp classifying him/her as a Conditional Permanent Resident.
USCIS will mail the Permanent Resident Card (Green Card) approx 4-8 weeks after the successful interview.
The Conditional Status may be dropped by applying for Removal of Conditional Status (USCIS Form I-751) within 90 days of the 2 year anniversary of the granting of Conditional Permanent Residency.