What is a Marriage-Based Green Card?
So you plan to marry a U.S. citizen or a green card holder?
You may have questions about getting a marriage-based green card.
A marriage-based green card gives you the right to live and work in the U.S legally.
Requirements For a Marriage-Based Green Card
You should be married to a U.S. citizen or a green card holder.
Your Marriage is Lawful
Your marriage should be recognized in the country of marriage.
No other spouses
You should only be married to one person at a time. Therefore, you must prove that all your previous marriages have dissolved.
Timeline
Many clients ask me how long it takes to get a green card. While predicting an accurate processing time is difficult, you should plan for at least 6-17 months of processing time.
However, completing the forms correctly and submitting the relevant supporting documents can prevent long processing times.
It is helpful to hire an immigration attorney to ensure the accuracy of your documents.
Filing Fees
The filing fee associated with a marriage-based green card is $1760 if you live in the U.S. with your spouse or $1200 if you live abroad. These filing fees are subject to change and do not include the medical examination or attorney fees.
Prove Marital Relationship
Establishing your marital relationship is the first step in getting a marriage-based green card. To demonstrate this relationship, the U.S. citizen or the green card holder files Form I-130 and submits supporting documents.
Supporting Documents
Proof of U.S. citizenship or green card
If you are a U.S. citizen, you will submit a copy of your birth certificate, naturalization certificate, or valid U.S. passport photo page.
If you are a green card holder, you will submit a copy of your green card.
Proof of a legally valid marriage
You should submit a copy of your marriage certificate. This certificate should show the names of both spouses and the date and place of the marriage.
Proof of a bonafide marriage
You should also prove that your marriage is bona fide. Documents supporting this claim might include a joint lease, joint bank account, and wedding pictures.
Proof of monogamy
If you have been married before, you should submit proof of termination of such marriage, like a divorce decree, etc.
Apply for a Green Card
The next step in your green card process is applying for permanent residence in the United States. You can apply for permanent residence by filing for Adjustment of Status if you live in the U.S. or use consular processing if you live abroad.
Adjustment of Status
If you currently live in the U.S., you can file for Adjustment of Status by submitting Form I-485 and the following documents.
Birth Certificate
Proof of Lawful Entry into the U.S. (E.g. I-94 Travel Record)
Proof of Medical Examination
Proof of Financial Support
In most cases, you will file Form I-130 and Form I-485 simultaneously. However, if you are a spouse of a Green Card holder, USCIS will not permit concurrent filing in a few instances. Therefore, you will first file Form I-130 and wait for your turn before filing Form I-485. For more information on concurrent filing, check out my video titled “Visa Times?”
Consular Processing
If you live outside the U.S., your next step will not be Adjustment of Status. Instead, you will apply for a green card through your local consulate or embassy. This step is called Consular Processing.
The USCIS will review your Form I-130 and make a decision. Once it approves your form, it will send your file to the National Visa Center or NVC.
The NVC processes your file and sends you a notice with important case information.
You can now submit the NVC package. This package includes the following:
- Government filing Fees
- Form DS-260
- Form 864, including supporting evidence (Also called Affidavit of Support).
- Proof of Nationality
- Police Clearance Certificates
Interview
The final step in the application process is a green card interview. Attend the green card interview and receive your green card.