You can obtain a green card by marriage if you are married to a USA citizen or a permanent citizen. Therefore, you can enjoy many benefits just like the citizens of the US. In this article, we will show you a complete guide to obtaining a green card by marriage.
Can You Get a Green Card Through Marriage?
Yes. When you have a valid and lawful marriage to a U.S. citizen or permanent resident, you are eligible for a green card through marriage. Unlike other applications, your US citizen or US permanent resident spouse needs to file a Form I-130 on your behalf.
Benefits of Green Card by Marriage
When you can get a green card by marriage, it will provide many benefits for you. Here you can check the following benefits:
- You can permanently live and work anywhere in the United States.
- You can freely travel in and out of the United States
- You can go to American schools.
- You can apply for U.S. citizenship after three years if you are married to a U.S. citizen.
- If you have an unmarried child under 21, they can also qualify for green cards as derivative beneficiaries of your case.
- You can adjust your status in the United States, even if you have overstayed your visa.
- After you become a US permanent resident, you can sponsor your relatives.
- You don’t need a U.S. company to sponsor you through a job offer.
- You will remain a permanent resident forever, regardless of any changes to U.S. immigration laws.
Who Is Eligible for a Marriage Green Card
If you wish to apply for a Marriage Green Card, you must meet USCIS eligibility requirements.
- You must show the marriage certificate to prove that your marriage is legally valid and officially recognized in the country or region where your marriage took place.
- You are married to a U.S. Citizen or Lawful Permanent Resident.
- Your marriage must be based on a true and bond-free relationship. Therefore, it cannot contain the purpose of obtaining immigration benefits.
- If you have married someone, you must show proof that any previous marriage was legally terminated through death, divorce, or annulment.
- If your spouse is a U.S. citizen, you must show proof by providing a copy of their birth certificate, U.S. passport, or citizenship certificate.
Documents Needed to Apply for a Green Card Through Marriage
If you wish to apply for a Green Card through marriage, you must prepare the required documents in advance. Here are the basic documents you need to prepare:
- A valid marriage certificate
- The birth certificate
- Proof of legal entry to the United States
- Proof of sponsor citizenship or lawful permanent residence
- Divorce orders or death certificates if you have a previous marriage.
- Medical examination results
- Military Records
- Bank statements
- Tax returns
In addition, you are required to provide other supporting documentation proving that you are in a bona fide marriage, such as the joint utility bills and proof of the property that you and your spouse own:
- A lease with both of your names
- Shared bank statements for accounts
- The joint tax returns
- Proof that taken trips together
- Proof of a couple
Marriage Green Card Timeline
When you are living in the U.S. with a U.S. citizen spouse, the timeline for obtaining a green card will be:
- Get married for up to 2 years
- File Form I-130 and I-485 at the same time.
- After 10 – 25 months, you need to attend an interview at USCIS, if your forms have been approved.
- After 1-2 months, you will obtain a green card if they approve your application.
Step-by-step Process on Applying for a Green Card Through Marriage
After you have prepared all the necessary documents, you can apply for a green card. Here you can follow the steps below:
Submit Form I-130
You must complete Form I-130: Petition for Alien Relative. This form is for applicants who have a valid marriage to a U.S. citizen or green card holder. In addition, you must show a valid marriage certificate and supporting documents, such as a joint lease and a joint bank account statement. After you have prepared the I-130 filing package, you can submit it online in your USCIS account or mail it to the appropriate USCIS address.
Apply for your Marriage Green Card
You can apply for permanent residence in the United States after you file Form I-130. However, applying for your Marriage Green Card will depend on whether you live in the U.S. or abroad.
If you live in the United States, you must apply through the Adjustment of Status process. You must file Form I-485 to register Permanent Residence or Adjustment Status. This form allows you to change your current immigration status to a marriage-based green card.
If you live outside of the United States, you should apply for a marriage-based green card through consular processing. After the USCIS approves your Form I-130, it will send your file to the U.S. Department of State’s National Visa Center (NVC). The agency will send you this notice by post or email and let you know when you can submit the NVC filing package. The NVC filing package will include:
- Required government filing fees of $445
- The Form DS-260
- A copy of your birth certificate and passport photo page
- Police clearance certificates
- Proof of financial support from your U.S. citizen or spouse who holds a green card.
Attend your Green Card Interview
After you have submitted your application, you must have a green card interview. So the government can determine whether your application is legitimate to give you a green card. You are required to answer some questions about your relationship with your spouse.
Receive Your Green Card
After the government officer has checked your information and confirmed your application, you will receive a green card after a few months.
Green Card Marriage Interview Questions
During the green card marriage interview, you may be asked these different questions by an immigration officer. Here are the sample questions:
The Spouse’s Background and Basic Knowledge About Spouses
- Where was your spouse born?
- What is your spouse’s birthday?
- How many siblings does your spouse have? What are their names?
- How many places has your spouse lived?
- What is your spouse’s phone number?
Basic information about your relationship with your spouse
- When did you meet your spouse?
- Where did your spouse propose to you?
- When did you get married?
- When and where was your honeymoon?
- List the places you’ve traveled.
Household Information
- What color are the doors in your home?
- Do you have a vase in your living room?
- How many paintings do you have in your home?
- How many TVs are in your home?
- Do you have a sofa in the bedroom?
Spouse’s Personal Information
- Does your spouse have a nickname?
- Does your spouse have scars?
- What perfume does your spouse wear?
- What is your spouse’s high school name?
- When did your spouse graduate?
How Long to Get a Green Card after Marriage
After you get married to a United States citizen, the time to get a green card may be different based on several factors. The average time of marriage green card is about 10 to 38 months.
How Much Does a Green Card by Marriage Cost?
If you apply for a marriage green card, it may cost you $3,005 when you are in the U.S. or $1,750 when you’re outside the U.S.
Will My Marriage Green Card Application Be Rejected?
Yes, your marriage green card application might be rejected if you have the following situations:
- You don’t show the evidence of a bona fide marriage.
- Your application form is not completed.
- You have a criminal history.
- You don’t meet the eligibility.
- You have a marriage fraud.
FAQ
📌Can I work while waiting for a green card through marriage?
Yes. If you have applied for an employment authorization document (EAD), you can work while waiting for a marriage-based green card.
📌How to change the last name on the green card after marriage?
If you want to change the last name on your green card after marriage, you can submit Form I-751 with the marriage certificate to show your name at the United States Citizenship and Immigration Services (USCIS).
📌How long do you have to be married to get a green card?
You need to be married for 2 years to get a green card because marriage is a relatively easy route to permanent residence.
📌Can I stay in the US while waiting for a marriage green card?
Yes, you can stay in the US when you are waiting for a marriage green card.
📌What happens if you get married while on a tourist visa in the USA?
If you get married on a tourist visa, you can apply for an apply for an adjustment of status to become a lawful permanent resident.
Conclusion
In conclusion, you are required to have a true marriage without any benefits when you apply to a green card. You must prepare all the necessary documents and get ready for the interview to make sure that you have a smooth green card marriage application process.
Dolores Xiao