Marriage is more than a commitment between two people. For many couples, it’s also the first step toward building a life together in the United States. The green card marriage process is complex and multifaceted. However, with the right resources, legal representation, and tenacity, you can acquire a marriage-based green card and establish lawful permanent residency in the United States.
At Abogados Karlin, we know this process can feel overwhelming, with paperwork, interviews, and strict requirements. Our bilingual legal team has more than 40 years of experience helping couples successfully secure marriage green cards and move forward with their lives together.
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Secure Your Marriage Green Card with Confidence
Don’t let paperwork or delays stand in the way of your future together. At Abogados Karlin, we make the marriage green card process simple and stress-free. Call us today for a free consultation.
What Is a Green Card Marriage?
The spouse of a U.S. citizen or green card holder may qualify for a green card marriage and become a lawful permanent resident of the United States. Green card holders can work anywhere in the U.S. and travel outside the country. If you meet the time requirements, you may also apply for U.S. citizenship.
If your marriage is less than two years old when the green card is approved, your green card will be conditional. This type of green card is valid for two years and cannot be renewed. Instead, you must apply to remove the conditions within 90 days before it expires.
If the conditions are not removed promptly, lawful permanent resident status may be terminated, and removal proceedings may follow.
After three years of permanent residency, the spouse may apply for U.S. citizenship (if they’re still married to and living with the U.S. citizen spouse).
Green Card Marriage for Spouses of U.S. Citizens
When a person marries a U.S. citizen, they are considered an immediate relative under immigration law, which means there is no annual visa limit and a green card is immediately available once the petition is approved. In many cases, the foreign spouse can file the immigrant petition and adjustment of status at the same time if they are in the United States, which often shortens the overall timeline. Immediate relatives are also forgiven for certain immigration violations, such as overstaying a visa, if they entered the country lawfully.
Another option may be the K-1 fiancé(e) visa, which allows the foreign fiancé(e) to enter the United States for 90 days to marry the U.S. citizen petitioner, after which an adjustment of status must be filed.
Green Card Marriage for Spouses of Lawful Permanent Residents
Marriage to a lawful permanent resident is treated differently because spouses fall into the family preference category (F2A), which is subject to annual visa caps and waiting periods. The foreign spouse must wait for a visa number to become available before completing the green card process, and concurrent filing is only possible when the priority date is current. In addition, some immigration violations that may be forgiven for spouses of U.S. citizens are not automatically excused for spouses of permanent residents, making case strategy especially important.
Step-by-Step: How Do You Get a Green Card Through Marriage?
To acquire a marriage-based green card, an immigration lawyer can assist with the following steps:
- Filing a Form I-130 Petition with USCIS.
The U.S. citizen or lawful permanent resident spouse must file Form I-130 with USCIS. This petition is used to prove that the marriage is real and legally valid. Supporting documents often include a marriage certificate, shared financial records, photos together, and proof of the sponsoring spouse’s legal status.
- Waiting for the Receipt of Notice.
After USCIS has received the application, they will send the petitioning spouse a receipt of notice indicating that the papers have been correctly received and that the application is under review.
- Responding to a Request for Evidence.
If USCIS decides that they need more information or evidence to decide on the marriage green card application, they will send a Request for Evidence after a couple of months.
- Applying for the Green Card.
Once the petition is approved, the foreign spouse applies for a green card. Applicants inside the United States generally file Form I-485, while those outside the country apply through consular processing using Form DS-260. Both options require detailed supporting documents, including an Affidavit of Support.
- Biometrics and Background Check
USCIS requires the applicant to attend a biometrics appointment to provide fingerprints, a photograph, and a signature. This information is used to conduct background and security checks to verify identity and review any criminal or immigration history before the case is approved.
- Attending the Interview.
An interview is usually required to confirm the marriage is genuine. Questions focus on the relationship history. If the applicant is in the United States, both spouses typically attend the interview together.
- Decision and Issuance of Green Card
Following a successful interview, approval timelines vary depending on the applicant’s location. Successful applicants located in the United States will get their green card by mail a few weeks after their application is accepted. Spouses living abroad will receive a visa stamp in their passport, allowing them to travel to the United States after the interview at their nearest US embassy or consulate if their application is approved.
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Green Card by Marriage Interviews
Spouses should prepare thoroughly for the green card marriage interview, as this is a critical step in the immigration process. The interview’s purpose is to confirm the authenticity of the marriage and ensure all documentation is accurate and complete.
Applicants should bring all required documents, such as identification, marriage certificates, financial records, and photographs that demonstrate the legitimacy of the relationship. It’s important to answer all questions truthfully and confidently, as the interviewing officer will evaluate both the content of your answers and your demeanor during the process.
Common green card by marriage interview questions may include:
- How did you meet your spouse?
- When and where did you get married?
- What does your spouse do for work?
- Where do you currently live, and how long have you lived there together?
Being honest and prepared to answer questions like these can help demonstrate the authenticity of your relationship to immigration officers.
Green Card by Marriage FAQ
Q: What Are the Processing Times of a Green Card by Marriage?
A: The processing time for a marriage green card can last months to over a year. The length of green card processing for a case can vary based on factors such as the amount of backlog on applications, the location of the application, the thoroughness and completeness of the application, the supporting evidence, and the legal support available.
Q: How Many Years Do I Have to Be Married to Get a Green Card?
A: There is no amount of time that a foreign national has to be married to a United States citizen or lawful permanent resident to apply for a marriage green card. As soon as a couple has officiated their marriage, they can apply for a marriage-based green card. It’s important to note, however, that marriage-based green cards are conditional if the marriage is less than two years old upon application, meaning that certain conditions must be met and demonstrated before the two-year renewal mark.
Start Working Towards Acquiring Your Green Card Marriage Today
Obtaining a green card by marriage is a major milestone for many couples, as it allows spouses to live and work together lawfully in the United States. However, as this process can be pricey, complex, and lengthy, many individuals become anxious and overwhelmed by the prospect of applying for a green card marriage.
An experienced immigration attorney at Karlin & Karlin can evaluate your eligibility, explain your legal options, and guide you through every stage of the marriage-based green card process. Contact a dedicated lawyer from our team today to get started with your case.
