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Marriage Green Cards, Explained
How to get a U.S. green card through marriage
What is a marriage green card?
A marriage-based green card lets a U.S. citizen or green card holder’s spouse live and work anywhere in the United States. A green card holder will have “permanent resident” status until they decide — if they wish — to apply for U.S. citizenship after three years of marriage.
QUICK FACTS
- As of January 2024, the processing time for a marriage green card is 9-11 months.
- The cost for applying for a marriage-based green card is $1760 for couples living in the U.S. and $1200 when one or both spouses live outside the U.S.
- The first step in the marriage green card process is for the sponsoring spouse to file Form I-130 to establish the marriage is real.
How to get a marriage green card
Getting a green card through marriage is a three-step process:
This comprehensive guide explains the entire green card process for green card applicants living in the United States and green card applicants living abroad.
You can also view the types of questions that you’re likely to encounter on a marriage green card application.
But first, we’ll go over the timeline and cost of applying for a marriage-based green card.
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Marriage-based green card timeline
How long does it take to get a green card for marriage?
The total processing time for a marriage-based green card averages 9-11 months, depending on whether you’re married to a U.S. citizen or a U.S. green card holder (lawful permanent resident). To help you understand wait times and processing times, Wimpacs has put together an in-depth guide detailing the processing times for your marriage green card application.
Marriage Green Card Costs to Increase on April 1, 2024:
UPDATE (January 31, 2024): USCIS published its final rule confirming that filing fees for various immigration forms are set to increase on April 1, 2024. Costs will go up for nearly every visa category, including marriage green cards. To calculate the new USCIS fees for your marriage green card application and to stay up to date on all fee hike news, check out Boundless’ guide.
Filing your application before the fee increase goes into effect will also help you avoid paying the higher cost. Learn more about what Wimpacs can do to help.
The marriage green card process
Step 1: Establish the marriage relationship (Form I-130)
The first step in the process of getting a green card through marriage is to submit Form I-130 (officially called the “Petition for Alien Relative”) to U.S. Citizenship and Immigration Services (USCIS), which is part of the U.S. Department of Homeland Security.
The primary purpose of the I-130 form, along with supporting documents, is to establish whether your marriage is valid or bonafide.
The spouse filing the I-130 is called the “petitioner” or “sponsor.” This spouse is a U.S. citizen or current green card holder. The spouse seeking a green card is called the “beneficiary” or “green card applicant.”
Critical elements of a complete I-130
- Government filing fee of $535
- Proof that the sponsoring spouse is a U.S. citizen (copy of the sponsor’s birth certificate, naturalization certificate, or valid U.S. passport photo page, for example) or permanent resident (copy of the sponsor’s green card, for example)
- Proof that a legally valid marriage exists (for example, a marriage certificate showing the names of both spouses, as well as the place and date of the marriage)
- Proof that the marriage is not fraudulent (for example, a joint lease, joint bank account statements, and pictures together)
- Proof that any previous marriage of either spouse has been terminated (typically, a divorce document)
Wimpacs helps you build a tailored visa plan for every step of the process, from forms to your immigration interview. Get started today!
Once the I-130 filing package is complete, it must be mailed to the appropriate USCIS address. USCIS will then send the sponsoring spouse an official acknowledgment (or “receipt notice”) in the mail, typically within two weeks.
If USCIS needs more information or documents to process the filing package, they will send the sponsoring spouse a Request for Evidence (RFE) within 2–3 months. Once USCIS has everything it needs, it will typically make a decision on the I-130 application within 15– months, depending on the couple’s situation. These estimates are based on USCIS data published each quarter.
How long does the I-130 petition process take?
The average processing time for Form I-130 is around 11 months. This estimate is based on analysis by Wimpacs partner Track My Visa Now, which tracks wait times in real-time, giving the most up-to-date forecasts for Form I-130 petitions filed today.
After receiving notice that the I-130 form has been approved, the next step will be to determine whether the spouse seeking a green card is eligible for one.
Checklist Hard-To-Find
Marriage Green Card Documents
- Birth certificate: When applying for a marriage green card, both spouses must include a certified copy of their birth certificate (typically the long-form version) with their green card application
- Translations for documents not in English: If any of either spouses' supporting documents are not written entirely in English, they must provide a certified translation. That applies to any of the required documents, including the birth certificate-the most common document that needs translation.
- Evidence of relationship: When you are applying for a marriage green card, one of the most important parts of the process is providing that your relationship is real. A marriage certificate is not enou-you need additional proof that you plan to build a life together.gh- you need additional proof that you plan to build a life together.
- Address and employment history: When you apply for a green card, you will need to provide your address and employment history for the past 5 years to the U.S. Government (if you are applying from outside the U.S you will need to provide that information for the past 10 years, at least).
WIMPACS
Step 2: Apply for the green card (Form I-485 or Form DS-260)
For green card applicants living in the United States
The U.S. government follows two different processes to determine a spouse’s eligibility for a marriage-based green card. The right process depends on whether that spouse lives in the United States or outside the United States.
If the spouse seeking a green card physically lives in the United States, the next step is to file Form I-485 (officially called the “Adjustment of Status” application). The I-485 is filed with USCIS, and its primary purpose is to establish that the spouse is eligible for a green card.
Adjustment of status is the immigration process for the following marriage visa types:
- IR6/CR6 spouse and accompanying IR7/CR7 child when the sponsor is a U.S. citizen
- F2A category (F26 spouse; F27 child) when the sponsor is a legal permanent resident (aka green card holder)
- CF1 spouse; CF2 child when the sponsor is a U.S. citizen and the foreign spouse is adjusting status from a K fiancé visa
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Adjustment of Status can also be used to apply for employment-based, humanitarian, and diversity visa lottery green cards.
For spouses of U.S. citizens, this I-485 filing package can usually be combined with the I-130 form and supporting documents described in Step 1 above (a process known as “concurrent filing”). USCIS typically processes this concurrent filing within 13.5–20.5 months.
For spouses of U.S. green card holders, however, the I-485 filing package cannot be submitted until the U.S. Department of State determines that a green card is available in the visa bulletin, given various annual caps. The wait time is currently about one and a half years, but this can vary by a few months, depending on the home country of the spouse seeking a green card. Once the I-485 filing package is submitted, USCIS will typically process it within 13.5–20.5 months (although it could be longer depending on your local field office).
Critical elements of an I-485 filing
- Government filing fees of $1225 (including $1140 for the green card application and $85 for biometrics)
- Proof of nationality of the spouse seeking a green card (copy of birth certificate and passport photo page)
- Proof of lawful entry to the United States by the spouse seeking a green card (copy of I-94 travel record and prior U.S. visa)
- Medical examination performed by a USCIS-approved doctor
- Proof of the sponsoring spouse’s ability to financially support the spouse seeking a green card (including Form I-864, or “Affidavit of Support,” and evidence such as tax returns and pay stubs)
Wimpacs can help U.S. citizens and U.S. green card holders sponsor their spouses for marriage green cards through the adjustment of status process. Learn more.
For green card applicants living abroad
There is a different process to sponsor a green card (spousal visa) for a spouse living abroad. The next step is to file an application package with the National Visa Center (NVC), which is run by the State Department. The NVC gathers the necessary forms and documents and decides whether the spouse is ready for an interview at a U.S. embassy or consulate abroad (a procedure known as “consular processing”).
Consular processing is the immigration process for the following visa types:
- CR1/IR1 spouse and the accompanying CR2/IR2 child when the sponsor is a U.S. citizen
- F2A category (F21 spouse; F22 child) when the sponsor is a legal permanent resident (aka green card holder)
Wimpacs Tips
Consular Processing can also be used to apply for employment-based, humanitarian, and diversity visa lottery green cards.
For spouses of U.S. citizens, the NVC typically processes an application package within 1-2 months.
For spouses of U.S. green card holders, the NVC typically processes an application also within 1-2 months.
Once processed, the NVC then forwards it to a U.S. embassy or consulate in the home country of the spouse seeking a green card.
Critical elements of an NVC filing
- Government filing fees of $445 (including $120 for the financial support form and $325 for the State Department processing fee)
- Form DS-260 (green card application filed online)
- Proof of nationality of the spouse seeking a green card (copy of birth certificate and passport photo page)
- Copy of a police clearance certificate for the spouse seeking a green card (showing previous interactions with law enforcement, if any)
- Proof of the sponsoring spouse’s ability to financially support the spouse seeking a green card (including Form I-864, or “Affidavit of Support,” and evidence such as tax returns and pay stubs)
Step 3: Attend the green card interview and await approval
The final step in the marriage-based green card process is the green card interview. The interviewing officer’s primary goal is to assess the authenticity of the marriage. Questions can focus on the couple’s relationship history, as well as their daily activities and future plans together. If the interviewing officer is sufficiently convinced that the marriage is not fraudulent, they will approve the spouse for a green card.
The location of the interview — in addition to whether the sponsoring spouse must also attend — depends on where the spouse seeking a green card currently lives:
Does your spouse live in the United States?
A spouse applying for a green card from within the United States will attend an interview with the sponsoring spouse at their local USCIS office. The physical green card will typically arrive by mail within 2-3 weeks of case approval.
Does your spouse live abroad?
A spouse applying for a green card from abroad will attend an interview at a U.S. Embassy or consulate in their home country. The sponsoring spouse does not attend this interview.
The spouse seeking a green card will then receive a visa stamp in their passport, allowing for travel to the United States. The immigrant fee ($220) must be paid online before a physical green card can be issued. (USCIS recommends paying this fee before the spouse leaves for the United States.) The green card is typically mailed to the couple’s U.S. address within 2-3 weeks of the spouse’s arrival.
Wimpacs offers unlimited support from our team of immigration experts, so you can apply with confidence and focus on what’s important, your life in the U.S. Learn more.
Marriage green card denial rate
In FY 2022, USCIS received 873,073 applications for Form I-130 (the first step in any family-based green card application, including the marriage green card) and denied 133,251 (15%).
During that same year, USCIS also received 327,184 Form I-485 applications (application to adjust status for foreign spouses or relatives already living in the U.S.) and denied 40,201 (12%).
Note these numbers apply to all immediate relatives of U.S. citizens and green card holder and not only spouses.
For more info, check out the Boundless guide on common reasons for green card denial.
What’s next?
What happens next depends on the length of the marriage at the time of green card approval:
If you have been married for less than two years
The spouse will receive a CR1 (or “conditional”) green card. Conditional green cards are valid for only two years. Couples together must file Form I-751 (officially called the “Petition to Remove Conditions on Residence”) during the 90-day period immediately before the expiration of the conditional green card in order to “remove the conditions” and obtain a permanent green card. Upon receiving this form, USCIS will re-evaluate the couple’s marriage to make sure it is authentic and that the couple did not marry only for immigration purposes.
If you have been married for more than two years
The spouse will receive an IR1 (or “immediate relative”) green card — a “permanent” green card that is valid for 10 years. In most cases, renewing this 10-year green card is a simple process and does not require the couple to prove the authenticity of their marriage again.
Wimpacs helps you build a tailored visa plan for every step of the process, from forms to your immigration interview. Get started today!
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