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Green Card Through Marriage
Obtaining a green card through marriage is a common pathway to U.S. permanent residency for the spouse of a U.S. citizen or lawful permanent resident. In this process, the U.S. citizen or green card holder (the “sponsor”) petitions for their foreign spouse to become a permanent resident. When marrying a person from another country, the couple must ensure that the marriage is legally valid and genuine (bona fide) – not just for immigration purposes. If approved, the foreign spouse gains the ability to live and work in the United States indefinitely.
Marriage to a U.S. citizen typically results in a faster process, since spouses of citizens are immediate relatives and aren’t subject to visa quotas. Marriage to a lawful permanent resident falls under the F2A family preference category, which means the foreign spouse might have to wait for a visa slot before finishing the process.
Green Card for Spouse: Application Process
Step 1: File the Petition (Form I-130): The U.S. citizen or green card holder spouse files Form I-130 with USCIS to establish the marriage relationship. This petition includes evidence for the marriage-based green card and the sponsor’s status. Once approved, you can move to the next step.
Step 2: Apply for the Green Card: The foreign spouse then submits a green card application. If the spouse is in the U.S., they file an Adjustment of Status application (Form I-485) with USCIS. If the spouse is outside the U.S., they go through Consular Processing by submitting a visa application (through the National Visa Center) and later attending an interview at a U.S. embassy or consulate abroad.
Step 3: Attend the Interview & Receive the Green Card: The final step is an interview to confirm eligibility and the bona fide marriage. For adjustment of status cases, the couple is interviewed at a USCIS office. For consular cases, the foreign spouse is interviewed at the consulate. If all goes well, the green card is approved and issued. (Spouses married less than 2 years receive a 2-year conditional green card, while those married longer get a 10-year permanent green card.)
Key Benefits
A marriage-based green card offers several important benefits:
- Permanent Residency: The right to live and work anywhere in the United States indefinitely, without needing to renew visas.
- Path to U.S. Citizenship: Ability to apply for American citizenship after fulfilling the required residency period (usually 3 years if still married to a U.S. citizen).
- Family Reunification: You can reside together with your spouse in the U.S., and eligible children (unmarried and under 21) can also obtain green cards through the marriage.
- Travel Flexibility: Freedom to travel in and out of the U.S. more easily. Permanent residents can re-enter the U.S. after international trips, provided they maintain a primary residence in the U.S.
Required Documents
Key documents typically include:
- Sponsor’s Status: Proof the sponsoring spouse is a U.S. citizen or LPR (e.g. a passport, birth certificate, naturalization certificate, or green card copy).
- Marriage Certificate: Official marriage certificate (with translation if not in English).
- Proof of Terminated Prior Marriages: Divorce decree or death certificate for any previous marriage.
- Evidence of Bona Fide Marriage: Documents showing a real shared life (such as joint bank statements, joint lease or mortgage, and photographs together).
- Identification: Birth certificate and government ID (e.g. passport) for the foreign spouse. If adjusting status in the U.S., include the I-94 travel record to prove lawful entry.
- Affidavit of Support: Form I-864 completed by the sponsor, plus financial evidence (tax returns, pay stubs, etc.) to meet income requirements.
- Medical Exam: Immigration medical examination report completed by a certified physician.
Questions? You’re covered.
Why Onal Gallant
Choosing Onal Gallant means you have a dedicated team of immigration professionals on your side. Our experienced attorneys have deep knowledge of marriage-based green card cases and provide personalized guidance throughout the process. We take the time to understand your situation and craft a strategy tailored to your needs to maximize your chance of approval.
We handle all paperwork and legal requirements meticulously—helping you gather strong evidence of your marriage and preparing you for the green card interview questions. Our firm is committed to clear communication, so you stay informed at every step. We strive to make the process as smooth and stress-free as possible, giving your application the best chance of success.
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For many couples, the process takes about 12 to 18 months when the sponsoring spouse is a U.S. citizen. However, depending on the field office handling the case, it may be longer. If the sponsor is a green card holder, it often takes longer (around 2 years or more) because of visa backlogs. A U.S. citizen spouse generally means a faster process.
A bona fide marriage is a genuine, good-faith union—not one made for immigration purposes. Proof includes joint bank accounts, leases, photos together, messages, and marriage affidavits from others. USCIS reviews documents and may interview the couple to confirm
It depends on the sponsor. If the sponsor is a U.S. citizen, each child needs a separate petition. If the sponsor is a Green Card holder, unmarried children under 21 can be included as derivatives. Stepchildren must have been under 18 when the marriage occurred to qualify.
If your marriage is less than two years old at the time of approval, you’ll receive a conditional green card valid for 2 years. This is a safeguard against sham marriages. Before it expires, you and your spouse must file Form I-751 to remove the conditions (showing the marriage is still bona fide). Once approved, you get a standard 10-year green card.
If you are adjusting status in the U.S., you can apply for a temporary work permit and travel document to use while you wait for your green card. If you are going through consular processing abroad, you must wait until you enter the U.S. with an immigrant visa before you can work or re-enter as a resident.
The marriage must be genuine and ongoing to obtain a green card. If you divorce or separate before approval, the application cannot continue because the basis (the marriage) no longer exists. If the marriage ends after you’ve received a 2-year conditional green card, you can still file to remove the conditions on your own, but you’ll need to prove the marriage was entered in good faith. It’s best to consult an immigration attorney if your marriage is in trouble during the process.