Are you dreaming of building a life together in the United States with your foreign spouse? One of the most popular and direct paths to U.S. residency is through marriage to a U.S. citizen or lawful permanent resident. This guide will walk you through the essential steps, requirements, and potential challenges in obtaining a green card through marriage.
At Global Hearts United, we understand how vital it is for couples to be together. That’s why we’ve created this comprehensive guide to help you navigate the process smoothly.
What Is a Marriage-Based Green Card?
A marriage-based green card allows the foreign spouse of a U.S. citizen or permanent resident to live and work in the United States. Once granted, it provides the foreign spouse with lawful permanent resident status (green card holder) and is the first step toward U.S. citizenship, if desired.
Who Is Eligible for a Marriage-Based Green Card?
To be eligible for a green card through marriage, both you and your spouse must meet the following requirements:
1. **Legally Recognized Marriage**: Your marriage must be legally recognized where it took place. Civil unions, common-law marriages, and domestic partnerships are not sufficient for this application.
2. **Good Faith Marriage**: You must prove that your marriage is genuine and not solely for the purpose of obtaining a green card.
3. **Spouse Status**: If your spouse is a U.S. citizen, the process is generally faster. If your spouse is a lawful permanent resident, processing may take longer, but it is still possible.
Step-by-Step Process of Obtaining a Green Card Through Marriage
Step 1. File Form I-130: Petition for Alien Relative
The process begins with your U.S. citizen or lawful permanent resident spouse filing Form I-130 with U.S. Citizenship and Immigration Services (USCIS). This form establishes the validity of your marriage and your eligibility to apply for a green card.
**Documents required**:
– Marriage certificate
– Evidence of your spouse’s U.S. citizenship or lawful permanent residence
– Photos, joint leases, shared bank accounts, or other documents proving a bona fide marriage
Step 2. Wait for Approval
Once Form I-130 is filed, USCIS will review the petition. This can take several months. If your spouse is a U.S. citizen, the I-130 petition will likely be processed faster than if they are a permanent resident.
Step 3. Apply for a Green Card
After Form I-130 is approved, the next steps depend on whether you are inside or outside the U.S.
– **If you are inside the U.S.**: You will file Form I-485, Application to Register Permanent Residence or Adjust Status. This process is known as “adjustment of status.” Also please NOTE: If you are in the US and entered with a valid visa, you may be able to file the I-485 application together with the I-130 and not have to wait for the I-130 to be approved.
– **If you are outside the U.S.**: You will undergo consular processing at the U.S. embassy or consulate in your country. This involves filing Form DS-260, Immigrant Visa Electronic Application.
Step 4. Attend the Green Card Interview
As part of the application process, both you and your spouse will be required to attend an interview. The goal of the interview is to confirm that your marriage is genuine. Be prepared to answer questions about your relationship history, your daily life, and future plans.
Step 5. Receive a Conditional or Permanent Green Card
If you have been married for less than two years when your green card is approved, you will receive a **conditional green card**, valid for two years. After two years, you must file Form I-751 to remove conditions and obtain a 10-year green card.
If you have been married for more than two years at the time of approval, you will receive a **permanent green card** right away.
### Common Mistakes to Avoid During the Process
1. **Submitting incomplete documentation**: USCIS is strict about the documents required. Double-check that you’ve included everything to avoid delays.
2. **Not preparing for the interview**: Many couples underestimate the green card interview. Make sure to prepare thoroughly with your spouse.
3. **Failing to prove a genuine marriage**: You must provide strong evidence of a bona fide relationship. Keep documents that show you live together, share finances, or have joint plans for the future.
### Timeline for Marriage-Based Green Cards
The processing time varies depending on your location and the status of your spouse. Here’s a general breakdown:
– **U.S. citizens sponsoring a spouse**: 10-15 months
– **Permanent residents sponsoring a spouse**: 24-36 months
### Cost of Applying for a Marriage-Based Green Card
The cost of obtaining a green card through marriage can add up. Below are the main fees:
– Form I-130: $ 675.00
– Form I-485 (if inside the U.S.): $1,440.00
– Consular processing (if outside the U.S.): $325 + $120 Affidavit of Support fee
– Medical examination: Varies by country
### FAQs
**1. How long do we need to be married before applying for a green card?**
There is no minimum marriage length required to apply for a green card. However, you must prove the marriage is genuine.
**2. Can I work while my green card application is pending?**
Yes, if you are in the US and entered on a valid visa, you apply for work authorization (Form I-765) alongside your green card application. This work permit allows you to work while your green card application is being processed.
**3. Can we apply for a green card if we live abroad?**
Yes, if you are married to a U.S. citizen, you can apply through consular processing at a U.S. embassy or consulate abroad.
### Conclusion: Building a Future Together in the U.S.
Getting a green card through marriage is one of the most straightforward paths to permanent residency, but it can still be a complex process. By following these steps and avoiding common mistakes, you and your spouse can soon enjoy the benefits of living and working together in the United States.
At *Global Hearts United*, we are passionate about helping couples navigate their immigration journeys. Whether you’re just starting your green card application or facing a roadblock, we’re here to guide you every step of the way.
**Need more help?** Explore more resources and expert advice on our website: www.globalheartsunited.com