Obtaining a marriage green card, officially known as a U.S. “Permanent Resident Card,” also known as “Form I-551,” by marriage to a U.S. citizen or permanent resident is a multi-step process. This process involves both the U.S. citizen or permanent resident spouse (the petitioner) and the foreign spouse (the beneficiary).
- Determine Eligibility: Ensure that you are eligible to apply for a marriage-based green card. The sponsoring spouse (petitioner) must be either a U.S. citizen or a holder of a valid permanent residence card.
The beneficiary spouse must be legally married to a U.S. citizen or green card holder. - File an Immigrant Petition: The U.S. citizen or green card holder spouse needs to file Form I-130, Petition for Alien Relative, on behalf of the foreign spouse. This form establishes the qualifying relationship.
- Wait for USCIS Approval: The U.S. Citizenship and Immigration Services (USCIS) will review the I-130 petition. If approved, they will send a notice of approval to the petitioner. If the petitioner is a U.S. citizen, the case may be sent to the National Visa Center (NVC) for further processing. If the petitioner is a green card holder, there may be a waiting period due to visa number availability.
- File an Application for Adjustment of Status or Consular Processing: The next steps depend on the beneficiary’s location and immigration status:
a. Adjustment of Status (if in the U.S.): If the beneficiary is already in the United States and is eligible for adjustment of status, they can file Form I-485 application.
b. Consular Processing (if outside the U.S.): If the beneficiary is outside the U.S., they must go through consular processing. The NVC will provide instructions, and the beneficiary will attend an interview at the U.S. embassy or consulate of their own country of origin.
- Attend a Biometrics Appointment: If the beneficiary is adjusting status within the U.S., they will need to attend a biometrics appointment to provide fingerprints and photos.
- Attend a Green Card Interview: USCIS will schedule an interview for the beneficiary and the sponsoring spouse. The purpose of the interview is to assess the validity of the marriage and the eligibility of the beneficiary for a green card.
- Receive Conditional Permanent Residency (if applicable): If the marriage is less than two years old at the time the green card is granted, the foreign spouse will receive conditional permanent residency. After two years, both spouses must apply to remove these conditions by filing Form I-751 jointly.
- Receive Permanent Green Card: After successfully completing the two-year conditional period, the foreign spouse will receive a permanent green card.
- Apply for U.S. Citizenship (if desired): After living as a permanent resident for at least 5 years (or 3 years if married to a U.S. citizen), the foreign spouse can apply for U.S. citizenship through naturalization.
What immigration forms must be filed if the spouse is abroad?
If your spouse is abroad, and you, as a U.S. citizen or permanent resident, want to sponsor them for a marriage-based green card, the primary immigration forms that need to be filed for consular processing are as follows:
- Form I-130, Petition for Alien Relative: As the sponsoring spouse, you must file Form I-130 to establish the qualifying relationship between you and your foreign spouse. This form is filed with the U.S. USCIS is the American Citizenship and Immigration Services.
- Form DS-260, Immigrant Visa Electronic Application: After USCIS approves Form I-130, the case will be sent to the National Visa Center (NVC). The NVC will provide instructions for completing Form DS-260, which is the Immigrant Visa Electronic Application. Your foreign spouse must fill out this form online and submit it to the NVC.
- Form I-864, Affidavit of Support: As the sponsoring spouse, you will also need to submit an Affidavit of Support (Form I-864) to demonstrate your ability to financially support your foreign spouse. This form is typically filed with the NVC.
- Other Supporting Documents: Your foreign spouse will need to provide various supporting documents, such as a copy of their passport, police certificates, birth certificates, and a medical examination report, as specified by the NVC.
- Form DS-260 Immigrant Visa Fee Payment: The DS-260 application typically requires payment of a visa fee. Your spouse will need to pay this fee online through the Consular Electronic Application Center (CEAC) website.
- Attend a Consular Interview: Once the DS-260 is submitted and the required documents and fees are processed, your foreign spouse will be scheduled for an interview at the U.S. embassy or consulate in their home country. During the interview, they will be asked questions about their relationship and eligibility for a green card.
What immigration forms must be filed if the spouse is in the U.S.?
If your spouse is already in the United States and you want to apply for a marriage-based green card for them, the primary immigration forms that need to be filed for adjustment of status are as follows:
- Form I-130, Petition for Alien Relative: As the sponsoring spouse, you must file Form I-130 with the U.S. Citizenship and Immigration Services (USCIS) to establish the qualifying relationship between you and your foreign spouse.
- Form I-485, Application to Register Permanent Residence or Adjust Status: Your foreign spouse, who is already in the U.S., must file Form I-485 to apply for adjustment of status to become a lawful permanent resident. This form is used to process their green card application and adjust their immigration status from a nonimmigrant (e.g., on a visa) to a permanent resident.
- Form I-864, Affidavit of Support: You, as the sponsoring spouse, will need to submit an Affidavit of Support (Form I-864) to demonstrate your financial ability to support your foreign spouse once they become a permanent resident. This is a required form to ensure that your spouse will not become a public charge.
- Form I-765, Application for Employment Authorization (optional): Your foreign spouse may also file Form I-765 to request an employment authorization document (EAD) while their green card application is pending. They can now lawfully work in the US as a result of this.
- Form I-131, Application for Travel Document (optional): If your foreign spouse needs to travel outside the U.S. while their green card application is pending, they may file Form I-131 to request a travel document (Advance Parole). Using this document allows them to re-enter the U.S. without abandoning their green card application.
- Attend a Biometrics Appointment: USCIS will schedule a biometrics appointment for your foreign spouse to capture their fingerprints, photograph, and signature.
- Attend a Green Card Interview: USCIS may schedule an interview for you and your foreign spouse to assess the validity of your marriage and their eligibility for a green card. Both spouses should attend this interview.