Navigating the Marriage Green Card Process: Your Ultimate Checklist

What is a marriage green card?

A marriage green card, officially known as a “permanent resident card” or “Form I-551,” is a legal document issued by the United States government to foreign nationals who are married to U.S. citizens or lawful permanent residents (green card holders). This card grants them the right to live and work in the United States as lawful permanent residents.

Here’s how the process typically works:

• Marriage: The foreign national marries a U.S. citizen or green card holder. It’s important to note that the marriage must be bona fide, meaning it should be a genuine and legitimate marital relationship and not a sham or fraudulent marriage for immigration purposes.
• Petition: The U.S. citizen or green card holder spouse files an immigrant visa petition (Form I-130) on behalf of the foreign spouse with U.S. Citizenship and Immigration Services (USCIS). This petition demonstrates the validity of the marriage.
• Adjustment of Status or Consular Processing: Depending on the foreign spouse’s location and immigration status, they can either apply for an adjustment of status (if they are already in the U.S.) or go through consular processing (if they are outside the U.S.) to obtain a green card.
• Adjustment of Status: If the foreign spouse is already in the United States, they can file Form I-485, Application to Register Permanent Residence or Adjust Status, to change their immigration status to that of a lawful permanent resident. This process includes a series of interviews and background checks.
• Consular Processing: If the foreign spouse is outside the United States, they will attend an immigrant visa interview at a U.S. consulate or embassy in their home country. If approved, they will receive an immigrant visa that allows them to enter the U.S. as a lawful permanent resident.
• Conditional Permanent Resident Status (CR-1 or IR-1): In many cases, if the marriage is less than two years old at the time the green card is granted, the foreign spouse receives conditional permanent resident status (CR-1 or IR-1). Conditional green cards are valid for two years. Before the end of the two-year period, the couple must jointly file Form I-751, Petition to Remove Conditions on Residence, to have the conditions removed and obtain a 10-year green card.
• 10-Year Green Card: If the marriage is more than two years old at the time the green card is initially granted, the foreign spouse typically receives a 10-year green card without conditions.

Obtaining a marriage green card is a significant step in the immigration process for spouses of U.S. citizens or green card holders, as it allows them to live and work in the United States on a more permanent basis. It’s important to follow the legal process carefully and provide the required documentation to prove the authenticity of the marriage. Immigration laws and procedures can change, so it’s advisable to consult with an immigration attorney or the USCIS website for the most up-to-date information and guidance.

How to apply for a marriage green card?

Applying for a marriage green card involves a multi-step process that includes petitioning for the foreign spouse’s immigrant status and attending interviews and background checks to establish the validity of the marriage. Here are the general steps to apply for a marriage green card:

Determine Eligibility:

• The sponsoring spouse (the U.S. citizen or green card holder) must be legally married to the foreign spouse, and the marriage must be genuine and bona fide, not for immigration fraud purposes.
  • The sponsoring spouse must be either a U.S. citizen or a lawful permanent resident (green card holder).

File Form I-130:

• The sponsoring spouse initiates the process by filing Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS). This form establishes the qualifying relationship and demonstrates that the marriage is legitimate.
  • Along with Form I-130, the sponsoring spouse should provide supporting documentation, including marriage certificates, evidence of a bona fide marriage (such as joint bank accounts, photos, and affidavits from friends and family), and proof of U.S. citizenship or green card status.

USCIS Processing:

• USCIS will review the Form I-130 and supporting documents. If the petition is approved, USCIS will notify the sponsoring spouse and forward the approved petition to the National Visa Center (NVC).

Choice of Processing Path:

• Depending on the foreign spouse’s location and immigration status, you’ll have two options for further processing:
  • Adjustment of Status (if in the U.S.): If the foreign spouse is already in the United States, they can file Form I-485, Application to Register Permanent Residence or Adjust Status, to change their status to that of a lawful permanent resident.
  • Consular Processing (if outside the U.S.): If the foreign spouse is outside the United States, they will attend an immigrant visa interview at a U.S. consulate or embassy in their home country.

Biometrics and Background Checks:

• If applying for adjustment of status, the foreign spouse will be scheduled for biometrics (fingerprinting) and will undergo background checks as part of the Form I-485 processing.

Interview and Medical Examination:

• Whether applying for adjustment of status or going through consular processing, the foreign spouse will typically need to attend an interview. This interview is meant to assess the validity of the marriage and ensure eligibility for a green card.
  • A medical examination may also be required to establish that the foreign spouse does not pose a public health risk.

Conditional vs. Permanent Green Card:

• If the marriage is less than two years old at the time of approval, the foreign spouse will receive a conditional green card, valid for two years. To remove conditions, the couple must jointly file Form I-751 during the 90-day window before the conditional green card expires.
  • If the marriage is more than two years old at the time of approval, the foreign spouse typically receives a 10-year green card without conditions.

Final Approval:

• Upon successful completion of all required steps, the foreign spouse will be granted a marriage green card, which allows them to live and work in the United States as a lawful permanent resident.