How to Get a U.S. Green Card Through Marriage
Pathway to U.S. Permanent Residency for the Physician
A marriage-based immigrant visa allows a U.S. citizen or legal permanent resident to sponsor their foreign spouse to come to the United States:
- IR1 or CR1 visa: For spouses, the type of visa depends on how long they've been married:
- CR1: For spouses who have been married for less than two years. The couple must remain married for two years.
- IR1: For spouses who have been married for longer than two years. This visa doesn't have the requirement to remain married.
- K-1 visa: For a fiancé(e) of a U.S. citizen:
- The applicant must marry their U.S. citizen petitioner within 90 days of being admitted as a K-1 nonimmigrant.
- The applicant is treated as an immediate relative once they marry.
- Petition: To sponsor a spouse, you must file an Immigrant Petition for Alien Relative, Form I-130, with the Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS).
Who is Eligible for a Marriage Based Visa?
Requirements for a Marriage Based Visa
To be eligible for a marriage-based visa, you must meet the following requirements:
- Be legally married: You must be legally married to a U.S. citizen or permanent resident.
- Have a valid marriage certificate: You must provide a valid marriage certificate that shows the names of both spouses, as well as the place and date of the marriage.
- Prove the authenticity of your marriage: You must provide evidence to prove the authenticity of your marriage, such as photographs, flight itineraries, a joint lease, or joint bank account statements.
- Have a sponsor: The U.S. citizen or permanent resident who you are married to must sponsor you. The sponsor must:
- Pledge to support you financially
- Have the means to support your household at 125% of the federal poverty level
- Have a U.S. domicile, meaning they must either live in the United States or prove they plan to return to the United States with you
- Have a bona fide marriage: Your marriage must be genuine and not for the sole purpose of obtaining an immigration benefit.
- Have no previous marriages: Any previous marriages must be legally dissolved before this marriage occurred.
If you are married to a U.S. citizen and are living in the U.S., you can apply for a marriage-based green card by:
- Submitting Form I-130 to USCIS
- Waiting for a green card to become available for you in the Visa Bulletin
- Submitting Form I-485 to USCIS
Other Requirements for a Marriage-Based Immigrant Visa
- The couple must be lawfully married and provide a valid marriage certificate.
- The sponsor must have the means to support their household at 125% of the federal poverty level.
- The sponsor must have a U.S. domicile.
- The beneficiary may be denied a green card for health reasons, criminal history, immigration history, or public charge grounds.
How to Apply for the Marriage-Based Green Card
STEP 1: File Form I-130 (Petition for Alien Relative)
- What to Include:
- Proof of U.S. citizenship or LPR status (e.g., passport, birth certificate, or green card).
- Proof of the family relationship (e.g., marriage certificate, birth certificates).
- Supporting documents like photographs, joint leases, or affidavits for relationships like marriage.
- Filing Fee:
- Online filing: $625
- Paper filing: $675
- Processing Time:
- Varies depending on USCIS workload and the type of relationship. Immediate relatives are processed faster than family preference categories.
STEP 3: Apply for a Green Card
Once Form I-130 is approved, the beneficiary applies for a green card. The process depends on whether the beneficiary is inside or outside the U.S.
A. Adjustment of Status (If Inside the U.S.)
- File Form I-485 (Application to Register Permanent Residence or Adjust Status):
- Immediate relatives can file Form I-485 concurrently with Form I-130.
- Family preference applicants must wait for their priority date to be current.
- Supporting Documents:
- Approved I-130 receipt or approval notice.
- Proof of lawful entry into the U.S. (e.g., Form I-94).
- Medical exam results (Form I-693).
- Proof of financial support (Form I-864, Affidavit of Support).
- Filing Fee:
- $1,440
- Processing Time:
- Typically 8–14 months for immediate relatives; longer for preference categories.
B. Consular Processing (If Outside the U.S.)
- National Visa Center (NVC):
- After Form I-130 approval, the case is transferred to the NVC for visa processing.
- Complete Online Visa Application (Form DS-260):
- Submit Form DS-260 and supporting documents to the NVC.
- Attend Visa Interview:
- The beneficiary attends an interview at a U.S. embassy or consulate in their home country.
- Processing Time:
- Typically 12–18 months.
STEP 3: Attend Your Green Card Interview
Bring the following documents to your interview:
- Form DS-160: The non-immigrant visa application form, which you must complete online
- Form I-129 and Form I-797: These forms are required for the H-3 visa application
- Valid passport: Your passport must be valid for at least six months beyond your stay in the United States
- Birth certificate: You'll need to provide your birth certificate
- Passport-sized photograph: You'll need to provide a passport-sized photograph
- Employment offer: From a U.S. employer
- Documents proving your intent to return to your home country: These documents can include a rental agreement or future job contract
STEP 4: Receive Green Card
- If approved, the beneficiary:
- Inside the U.S.: Receives the green card by mail after Form I-485 approval.
- Outside the U.S.: Receives an immigrant visa to enter the U.S. as a permanent resident; the green card is mailed after arrival.
Why Pursue the Marriage-Based Green Card?
Obtain Permanent Residency in the U.S.
A marriage-based green card is pursued because it allows the spouse of a U.S. citizen or lawful permanent resident to live and work freely in the United States, essentially granting them "permanent resident" status, with the potential to apply for full citizenship after a certain period, often considered a faster and more straightforward path to permanent residency compared to other immigration options like employment-based visas.
Key reasons to pursue a marriage-based green card:
- Live and work anywhere in the U.S.: A green card holder can reside and work in any location within the United States without restrictions.
- Pathway to citizenship: After meeting residency requirements, a marriage-based green card holder can apply for U.S. citizenship.
- Faster processing time: Compared to other immigration pathways, the marriage-based green card application process can be significantly quicker, especially if the spouse is a U.S. citizen.
- Family reunification: Enables couples to build a life together in the U.S. without the limitations of temporary visas.
- Security and stability: A green card provides a stable legal status, allowing individuals to access benefits like healthcare, education, and employment opportunities.
Important considerations:
- Proof of genuine relationship: The immigration authorities will thoroughly scrutinize the relationship to ensure it is legitimate.
- Conditional green card: If married less than two years, an initial "conditional" green card may be issued, requiring additional steps to remove the conditions.
- Legal advice: Consulting an immigration attorney is highly recommended to navigate the complex application process.
Additional Information on Marriage-Based Green Cards
Key Documents Required
- Proof of Relationship:
- Marriage certificate (for spouses).
- Birth certificates (for children or parents).
- Affidavits and evidence of shared life (for marriages).
- Financial Support:
- Form I-864 (Affidavit of Support) to prove the sponsor has sufficient income or assets to support the beneficiary.
- Medical Exam Results:
- Form I-693 or equivalent completed by a USCIS-approved physician.
Additional Considerations
- Public Charge Rule:
- Applicants must demonstrate they are not likely to become a public charge (Form I-864 is essential for this).
- Conditional Green Cards for Spouses:
- Spouses married for less than 2 years at the time of green card approval receive a conditional green card valid for 2 years.
- File Form I-751 to remove conditions within 90 days before expiration.
- Country-Specific Backlogs:
- Family preference categories have longer waiting times for applicants from countries like Mexico, India, and the Philippines.
- Work and Travel Authorization:
- Applicants filing Form I-485 can apply for work authorization (Form I-765) and advance parole (Form I-131) to travel while the green card application is pending.
Timeline Overview
- Form I-130 Approval:
- Immediate relatives: 6–12 months.
- Preference categories: 12–24 months or longer.
- Visa Availability (For Preference Categories):
- Varies by category and country of origin; can range from months to several years.
- Adjustment of Status/Consular Processing:
- Adjustment of Status: 8–14 months.
- Consular Processing: 12–18 months.
- Total Time:
- Immediate relatives: 12–18 months.
- Preference categories: 2–15 years, depending on category and country.
Cost Summary
- Form I-130: $675.
- Form I-485: $1,440 (plus $85 biometric fee).
- DS-260 (Consular Processing): $325.
- Affidavit of Support: $120.
Path to Citizenship
- Green card holders can apply for U.S. citizenship:
- After 3 years if married to a U.S. citizen.
- After 5 years for other family-based green card holders.
The marriage-based green card process requires careful planning and documentation. If you have questions or need assistance with your application, feel free to ask!
Ready to begin your marriage-based green card Visa Journey?
Let the Experts at New Path Group Services Help Through the Process
If you’re unsure about which visa option may be right for you and your partner, or you just want to discuss your immigration plans in more detail, reach out to our team today. Our experienced team of visa specialists can walk you through the specifics of each visa path, and help you choose the best route based on your needs.