Green Card Through Marriage: Explained
- By Fileright
- Last Updated:
Introduction
Getting a green card through marriage is one of the most common pathways to becoming a lawful permanent resident in the US. It allows foreign spouses to live and work in the country without the limitations of temporary visas.
Whenever a green card holder or a US citizen marries a citizen of another country, they can apply for a green card through marriage for the spouse living in another country, which signifies permanent resident status for their spouse. These are of two categories, CR-1 and IR-1, which are generally issued based on the time of the marriage.
The idea of marrying your soulmate and building a life together in the United States is a dream for many, but the paperwork, legal requirements, and interviews can sometimes make it seem more like a mountain to climb than a simple “I do.”
What are the types of Visas granted to spouses?
- CR-1 Visa: If you have been married for less than two years, your spouse will receive a conditional resident visa for two years. You may apply for the removal of conditions application under Form 1-751 to get permanent residence status.
- IR-1 Visa: If you have been married to your partner for over two years, you get an immediate relative visa, valid for 10 years and can be renewed.
How to Get a Green Card Through Marriage?
Obtaining a marriage green card involves several key steps, including selecting the correct forms to file and submitting the necessary documents. Any mistake can lead to delays or even rejection of the application. To ensure approval, follow these steps carefully:
Step 1: Filing the Petition
Form I-130 is the first form to be submitted to USCIS, as this is the petition that establishes the relationship between the US sponsor and the foreign spouse.
Before we go further, we are supposed to understand who the US sponsor is. A sponsor is either a lawful permanent resident of the States or a US citizen with a principal residence in the States. They file the affidavit of support under Form I-864, a critical document for immigrant visa approval, as it ensures that the sponsor will financially support you.
Step 2: Form I-485 or Form DS-260
The eligibility for filing Form I-485 or Form DS-260 depends on the residence of the spouse applying for a marriage green card. That is, if you are living in the US, you have to fill out Form I-485 to adjust your status, and if you are living abroad, you are supposed to file Form DS-260.
Step 3: National Visa Center (NVC) Processing
After your petition for Form I-130 is approved, it is forwarded to the National Visa Centre for further processing. There, they assign a case number and provide the applicant and petitioner with instructions on how to complete Form DS-261 (Choice of Address and Agent).
Step 4: Required Fees and Documentation
You must pay the required fees for the application along with the required documents, such as medical certificates, etc. The fees may vary for different individuals depending on whether they are living in the US or outside of it. The article further discusses fees and processing time.
Step 5: Visa Interview and Medical Examination
After you submit your documents, NVC may approve the petition. Then, the applicant (foreign spouse) will be scheduled for an immigrant visa interview at the US Embassy or Consulate. The applicants will receive an appointment notice with instructions for the medical examination and interview.
It’s essential to bring all required documentation to your interview. The consular officer will review your case and determine whether to approve your visa. Typically, fingerprint scans are taken at the biometric stage, about five to eight weeks after filing.
Step 6: Immigrant Visa Issuance
After the interview and medical examination with the consular office, if he is satisfied, you will be issued your immigrant visa. The applicant will receive their passport with the visa and a sealed packet of documents, which must remain unopened until presented to US immigration officials at the port of entry.
Step 8: Post-Visa Procedures
After obtaining the immigrant visa, the applicant must pay the USCIS Immigrant Fee before traveling to the US.
What are the processing fees for a Green card through marriage?
The total cost is approximately $3,005 for obtaining a marriage-based green card. The breakdown of fees includes:
- Form I-130 (Petition for Alien Relative): $675 or $625, depending on the specific circumstances.
- Form I-485 (Application to Register Permanent Residence or Adjust Status): $1,440.
- Form I-765 (Application for Employment Authorization): $260 plus $520
- Form I-864 (Affidavit of support): $120
- Form DS-260 Filing Fee (if outside U.S.): $445
- Form I-131 (Application for Advance Parole (Travel Document, Optional): $630
What is the processing time for a Green card through marriage?
The timeline for obtaining a marriage-based green card depends on the applicant’s location and their spouse’s immigration status. Below are the estimated processing times for various scenarios involving U.S. citizen or permanent resident spouses.
Applicants Living in the U.S. with a U.S. Citizen Spouse
- Form I-130 and Form I-485 Processing (Concurrent Filing): 9 to 11 months.
- Green Card Interview and Final Approval: Additional 1 to 2 months.
- Total Processing Time: 10 to 13 months.
Applicants Living in the U.S. with a Permanent Resident Spouse
- Form I-130 Approval: 1 to 15 months.
- Wait for Green Card Availability (Visa Bulletin): 8 to 10 months.
- Form I-485 Processing: 9 to 11 months.
- Green Card Interview and Final Approval: 1 to 2 months.
- Total Processing Time: 29 to 38 months.
Applicants Living Abroad with a U.S. Citizen Spouse
- Form I-130 Approval: 7 to 10 months.
- National Visa Center (NVC) Approval of DS-260: 4 to 6 months.
- Total Processing Time: 11 to 17 months.
Applicants Living Abroad with a Permanent Resident Spouse
- Form I-130 Approval: 11 to 15 months.
- Wait for Green Card Availability (Visa Bulletin): 8 to 10 months.
- DS-260 Processing and NVC Approval: 4 to 7 months.
- Total Processing Time: 23 to 32 months.
What are the required documents for a spouse visa?
Applying for a spouse visa requires submitting specific documents to establish the legitimacy of the marriage and meet immigration requirements. Below is a list of essential documents needed for a spouse visa application:
- Passport, which should be valid for six months beyond the intended date of entry.
- The affidavit of support is to be submitted by the US sponsor.
- If your spouse does not live in the United States, you should complete the Form DS-260.
- Two passport-style photographs following US visa requirements.
- Birth certificate
- A copy of your civil marriage certificate
- Marriage certificate, divorce decrees (if any), court judgment of name change, adoption decrees, etc. (if applicable)
- Medical examination forms are provided by the physician after the medical examination and vaccination completion
- If you are a US citizen, you must demonstrate your status with:
- A copy of your valid US passport OR
- A copy of your US birth certificate OR
- A copy of the Consular Report of Birth Abroad OR
- A copy of your naturalization certificate OR
- A copy of your certificate of citizenship
- If you are a Green Card holder (permanent resident), you must demonstrate your status with:
- A copy (front and back) of Form I-551 (Green Card) OR
- A copy of your foreign passport bearing a stamp showing temporary evidence of permanent residence
Conclusion
As a couple goes through each step, from filing petitions to attending interviews and ultimately receiving the immigrant visa, the path may seem lengthy, but the reward is significant: the chance to live, work, and thrive as a family in the land of opportunities.
By following the correct steps, gathering the necessary documents as per your eligibility under a CR-1 or IR-1 visa, proving the authenticity of your relationship, and staying informed about current immigration policies, you can navigate the process more smoothly. Whether you’re just starting the process or nearing its completion, every milestone brings you one step closer to your new life together in the United States.
