Are you currently in a marriage with a US citizen or lawful permanent resident, or do you have plans to marry one in the near future?
If this applies to you, it’s essential to understand that you may be eligible for a green card based on your marriage to a US citizen or lawful permanent resident.
Within this guide, we will provide a comprehensive overview of the process for obtaining a US green card through marriage, including all the essential information you need to know.
As the spouse of a US citizen or permanent resident, you are eligible to apply for your green card. The basic idea is that through a valid and legitimate marriage to a US citizen or permanent resident, you may qualify for a green card.
To get a green card through marriage, your US citizen or US permanent resident spouse is required to file a Form I-130 on your behalf. Your spouse is the petitioner (person filing the petition) and you are the beneficiary (person benefitting from the petition).
Having a green card allows you to live, work, travel in and out of the US, attend US schools, and eventually pursue US citizenship.
However, obtaining a green card through marriage isn’t straightforward. It involves specific requirements and steps that must be followed meticulously. Failing to do so can lead to delays or, in the worst case, a denial of your case.
The criteria for obtaining a green card through marriage differ slightly depending on whether you are marrying a US citizen or a US permanent resident. I’ll highlight these distinctions in this guide.
There are multiple steps to getting your green card through marriage. Here’s a quick outline:
- Marry a US Citizen or Lawful Permanent Resident
- File Form I-130
- Marriage Interview
- File for Adjustment of Status/Consular Processing
- Conditional Permanent Resident Status
- Removal of Condition to Become Unconditional Permanent Resident
- Naturalization (Optional)
There are many documents that can be included with your petition for a green card through marriage. The documents that you include with your case will depend on your particular situation and the evidence that you have available based on your relationship. For example, if you’ve gone on vacation with your spouse, potential documents for you to include are pictures of you and your spouse together while on vacation. If you and your spouse have a child together, your child’s birth certificate should be included with your petition.
All documents that are in a foreign language should be submitted along with a certified translation.
Here is a general list of documents you should expect to provide for your green card through marriage case. This is a general list. Your immigration lawyer should review your case with you and create a specific list of documents based on your particular case.
Documentation from US Citizen or Lawful Permanent Resident Spouse
- Copy of Passport
- Copy of Form I-551 (Permanent Resident Card)
- Passport photos
- Income tax returns for last few years
- Proof that all prior marriages have been terminated such as a final divorce decree (if applicable)
Documentation from Foreign National Seeking Green Card
- Copy of passport
- Copy of birth certificate
- Passport photos
- Proof that all prior marriages have been terminated such as a final divorce decree (if applicable)
Joint Documentation
- Photos of you and your spouse in various settings (your wedding, with friends, parties, on vacations, etc.)
- Marriage certificate
- Any documentation with both your and your spouse’s names on it
- Joint lease agreement or mortgage
- Evidence of a joint bank account
- Joint health insurance policy
- Birth certificates for any children you’ve had together
- Joint credit card statements
- Joint car insurance
- Letters from friends addressing both of you
The estimated processing time to secure a green card varies from case to case. If your spouse is a U.S. citizen and you currently live in the United States, it takes on average, 12.5–20.5 months to get a marriage-based green card.
