A marriage green card, officially known as a “Marriage-Based Permanent Resident Card” or “Family-Based Green Card,” is a type of United States immigrant visa that allows the spouse of a U.S. citizen or a lawful permanent resident (green card holder) to become a lawful permanent resident of the United States. This card is a pathway to obtaining lawful permanent resident status, which is also known as a green card.
To be eligible for a marriage green card, the following criteria generally apply:
- The petitioner (the U.S. citizen or green card holder) must be legally married to the foreign spouse.
- The marriage must be bona fide, meaning it is a genuine and legitimate marriage, not a sham or fraudulent one entered into solely for immigration purposes.
- The sponsoring spouse must be a U.S. citizen or a green card holder.
- The foreign spouse must be eligible for immigration to the United States, which includes passing background checks, medical examinations, and meeting certain admissibility requirements.
The process to obtain a marriage green card typically involves several steps, including the filing of a petition by the sponsoring spouse, submission of required documentation, interviews, and background checks. The foreign spouse will generally receive conditional permanent resident status initially, which becomes a full permanent resident status after a two-year conditional period, during which they must prove the legitimacy of their marriage. After a total of five years as a permanent resident, the foreign spouse can apply for U.S. citizenship if they meet the eligibility requirements.
How to apply for a marriage green card?
Applying for a marriage green card involves a multi-step process that requires careful attention to detail and compliance with U.S. immigration laws and regulations. Here’s an overview of the typical steps involved in the application process for a marriage-based green card:
- Determine Your Eligibility:
- The sponsoring spouse must be a U.S. citizen or a lawful permanent resident (green card holder).
- The marriage must be legally recognized and genuine, not a sham or fraudulent union.
- The foreign spouse must be eligible for immigration, which includes passing background checks, medical examinations, and meeting admissibility requirements.
- File the I-130 Petition:
- The U.S. citizen or green card holder must file Form I-130, Petition for Alien Relative, on behalf of their foreign spouse. This form establishes the qualifying relationship and is submitted to U.S. Citizenship and Immigration Services (USCIS).
- Await USCIS Approval:
- After USCIS receives the I-130 petition, they will review it and may request additional documentation or information. Once approved, USCIS will send a Notice of Action (Form I-797) confirming the approval.
- Choose Consular Processing or Adjustment of Status:
- If the foreign spouse is residing outside the United States, they will go through consular processing at a U.S. embassy or consulate in their home country.
- If the foreign spouse is already in the United States, they can apply for adjustment of status to become a lawful permanent resident. This process is initiated by filing Form I-485, Application to Register Permanent Residence or Adjust Status.
- Attend a Medical Examination:
- A medical examination by an approved USCIS panel physician is usually required as part of the application process. The results are submitted to USCIS or the U.S. embassy or consulate, depending on the application path chosen.
- Attend Biometrics Appointment:
- Both the sponsoring spouse and the foreign spouse may be required to attend a biometrics appointment to provide fingerprints, photographs, and other biographical information.
- Attend an Interview:
- USCIS or the U.S. embassy/consulate will schedule an interview for the couple. The interview is intended to verify the legitimacy of the marriage. Both spouses should attend and be prepared to answer questions about their relationship and provide supporting evidence.
- Wait for a Decision:
- After the interview, USCIS or the U.S. embassy/consulate will make a decision on the green card application.
- Conditional Permanent Residence:
- If the foreign spouse’s marriage is less than two years old when they receive their green card, they will be granted conditional permanent residence. After two years, they must file Form I-751 to remove the conditions on their permanent resident status.
- Receive the Green Card:
- Once the green card is approved, it will be issued to the foreign spouse.
Marriage green card checklist of required documents
When applying for a marriage-based green card in the United States, it’s essential to provide a comprehensive set of documents to support your application. While the exact document requirements may vary based on individual circumstances and changes in immigration laws, here is a general checklist of documents often required to apply for a marriage green card:
- Form I-130, Petition for Alien Relative:
- Completed and signed by the sponsoring spouse (U.S. citizen or green card holder).
- Payment of the filing fee.
- Marriage Certificate:
- A copy of the official marriage certificate or a certified copy. It must prove the legal and genuine nature of the marriage.
- Proof of Identity and Citizenship or Permanent Residency:
- For the U.S. citizen or green card holder spouse: Copy of their passport, birth certificate, naturalization certificate, or green card.
- Passport Photos:
- Passport-sized photos of both the sponsoring spouse and the foreign spouse, as required by USCIS.
- Form G-325A (Biographic Information):
- Completed and signed by both spouses.
- Proof of Legal Entry:
- For the foreign spouse: Copies of their visa, I-94 record, and passport entry stamps.
- Affidavit of Support (Form I-864):
- Completed and signed by the sponsoring spouse, along with required financial documents (e.g., tax returns, W-2s, pay stubs) to demonstrate the sponsoring spouse’s ability to financially support the foreign spouse.
- Proof of Joint Finances and Assets:
- Joint bank account statements, joint tax returns, property ownership documents, and any other evidence of shared financial responsibilities.
- Proof of Shared Residence:
- Lease or mortgage agreements, utility bills, and other documents showing both spouses live together.
- Birth Certificates:
- Copies of birth certificates for any children born to the couple.
- Proof of Bona Fide Marriage:
- Photos of the couple together with family and friends.
- Letters from family and friends confirming the legitimacy of the marriage.
- Any other relevant evidence showing a genuine and ongoing marital relationship.
- Medical Examination:
- A report of the medical examination conducted by an approved USCIS panel physician. This report is required as part of the application.
- Affidavit of Support (Form I-864):
- Completed and signed by the sponsoring spouse, along with the required financial documents.
- Immigration History:
- If applicable, copies of any previous immigration-related documents, including prior visas, immigration petitions, and any immigration court records.
- Court Documents:
- If either spouse has a criminal history or has been involved in legal proceedings, documents related to these matters must be disclosed.
- Proof of U.S. Citizenship or Permanent Residency of Parents:
- If the sponsoring spouse is a U.S. citizen or green card holder based on their parents’ status, relevant documents should be provided.
- Proof of Termination of Previous Marriages:
- If either spouse was previously married, provide copies of divorce decrees or death certificates to prove the dissolution or death of prior marriages.
