A marriage-based green card is one of the most common ways for foreign nationals to obtain lawful permanent residency in the United States. If you’re married to a U.S. citizen or lawful permanent resident (green card holder), you may be eligible to apply for a green card through your relationship. However, the process involves multiple steps, required documents, and strict eligibility rules.
This article breaks down the marriage-based green card process in plain English. We’ll walk through who qualifies, how to apply, what forms are required, and what to expect during the interview and approval timeline.
Who Can Apply for a Marriage-Based Green Card?
To qualify for a marriage-based green card, you must:
- Be legally married to a U.S. citizen or lawful permanent resident
- Be able to prove your marriage is bona fide (genuine)
- Be admissible to the U.S. under immigration law (no disqualifying criminal or immigration violations)
Note: Unmarried partners, fiancés (without a K-1 visa), or common-law spouses do not qualify for a marriage-based green card.
Step 1: Determine Your Pathway
There are two main pathways depending on your spouse’s immigration status and your location:
1. If You Are in the U.S. (Adjustment of Status)
- Spouse is a U.S. citizen: You may be eligible to file all forms at once (concurrent filing).
- Spouse is a green card holder: You may need to wait for a visa number to become available in the Visa Bulletin before applying.
2. If You Are Outside the U.S. (Consular Processing)
- After initial approval, you attend an interview at a U.S. embassy or consulate in your home country.
Step 2: File Form I-130 (Petition for Alien Relative)
This form is filed by the U.S. citizen or green card holder spouse to establish the relationship with the foreign spouse.
Documents required:
- Marriage certificate
- Proof of U.S. citizenship or green card
- Passport-style photos of both spouses
- Evidence of bona fide marriage (e.g., joint bank accounts, lease, photos, communication)
Processing time: 6–12 months depending on USCIS workload and location
Step 3: File Adjustment of Status or Prepare for Consular Processing
Adjustment of Status (Form I-485)
If the foreign spouse is in the U.S., they may file:
- Form I-485 (Green Card Application)
- Form I-765 (Work Authorization)
- Form I-131 (Advance Parole/Travel Document)
- Form I-864 (Affidavit of Support from the U.S. spouse)
- Form I-693 (Medical Exam from a USCIS-authorized doctor)
Consular Processing
If the spouse is abroad:
- After I-130 is approved, the case is sent to the National Visa Center (NVC)
- You pay visa fees, submit DS-260 online immigrant visa form
- Upload civil documents (passport, birth certificate, police certificates)
Step 4: Attend the Interview
For Adjustment of Status:
- Interview at a USCIS field office
- Questions will focus on relationship, daily life, family, and living arrangements
- You may be interviewed together or separately
For Consular Processing:
- Interview at U.S. consulate or embassy
- Similar relationship questions plus a review of documents
Pro tip: Bring updated evidence of your marriage and answer truthfully.
Step 5: Receive Your Green Card
- If approved, the foreign spouse will receive a 2-year conditional green card if the marriage is less than 2 years old at the time of approval
- If the marriage is over 2 years old, a 10-year permanent green card is issued
Step 6: Remove Conditions (If Applicable)
If you received a 2-year conditional green card, you must file Form I-751 within the 90-day period before it expires.
- File jointly with your spouse
- Submit updated evidence that the marriage is still valid
If you are divorced or widowed, you may still apply for a waiver, but must provide strong documentation.
Common Reasons for Denial
- Insufficient proof of a real (bona fide) marriage
- Previous immigration violations
- Criminal history
- Missing documents or incorrect forms
- Failure to attend interview or respond to USCIS requests
FAQs
Q: Can I work while waiting for my green card?
A: Yes, if you file Form I-765 (Employment Authorization) and it is approved.
Q: Can I travel abroad while my green card is pending?
A: Yes, if you receive Advance Parole (Form I-131). Otherwise, travel could cancel your application.
Q: What if my spouse is abusive?
A: You may be eligible to self-petition under the VAWA (Violence Against Women Act) provisions.
Official Resources
- USCIS Marriage Green Card Overview: https://www.uscis.gov/green-card/green-card-through-family
- USCIS Form I-130 Page: https://www.uscis.gov/i-130
The marriage-based green card process is a powerful path to U.S. residency, but it requires careful preparation and attention to detail. By understanding the steps involved and avoiding common mistakes, you can improve your chances of approval and build a secure future together in the United States.