You may qualify for green card marriage in the United States if you’re married to a U.S. citizen or lawful permanent resident (LPR). However, obtaining one can be a complex process. Any mistakes in your application could delay your green card marriage or even result in a denial.
This guide explains everything you need to know to get started including the green card marriage process, requirements, interview questions, and processing time.
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How to Get a Green Card Through Marriage (The Green Card Marriage Process)
In order to qualify for a green card marriage, you must show U.S. Citizenship and Immigration Services (USCIS) that you’re married to a U.S. citizen or lawful permanent resident.
Many people find that it’s easier to start the process by working with a marriage green card lawyer.
Documents Needed to Apply for Green Card Through Marriage
To file this form, you and your spouse will need to pull together some supporting documentation, including:
- Proof that the sponsor is a U.S. citizen or a lawful permanent resident (through a birth certificate or green card, or another type of identification)
- Photos of you together as a couple (e.g. on trips, with friends, or family)
- Proof that you are legally married (such as your marriage certificate)
- Proof of legally ending previous marriages (e.g. divorce decrees or death certificates)
- Joint lease showing you and your spouse’s names
- Utility bills
- Bank account statements
- Images from the wedding or other documentation (e.g. invitations, guestbooks)
- Proof of legal entry into the U.S.
- Joint filing of tax returns
- Medical examination results
- Police clearance certification or military records (if applicable)
Adjustment of Status or Consular Processing
The U.S. citizen or permanent resident spouse must file a Form I-130, Petition for Alien Relative through your attorney. They are known as the petitioner or sponsor. The spouse is called the beneficiary or applicant.
If you (the beneficiary) live in the United States at the time you apply, your attorney will file a Form I-485, Application to Register Permanent Residence or Adjust Status with USCIS in addition to the petition. This is known as adjustment of status,
If you do not live in the U.S., your application will be processed through your nearest consulate or embassy. This is known as consular processing.
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Green Card Marriage Interview Questions
The last step in obtaining a green card through marriage is to attend an interview with a USCIS official or consulate officer. The official’s job is to determine that you’re in a bona fide marriage, which means you’re married because you want to be married – not because you’re trying to obtain an immigration benefit (like your green card).
Some types of questions the immigration officer might ask in your interview include:
- How long have you been together as a couple?
- Tell me about the last few conversations that you’ve had with each other.
- When and where did you meet each other for the first time and how were introductions made?
- When did you meet each other’s parents?
- When is your spouse’s birthday?
- Who were your groomsmen and bridesmaids?
- Where did you spend your honeymoon?
- What side of the bed do you sleep on?
- Who is in charge of finances?
- Are you planning to have children?
These questions are designed to confirm the information in your application as well as determine if you are in a real marriage.
If you’re concerned about anything in your application or any of the questions the immigration officer might ask, contact our marriage green card lawyer and we will go over your case help prepare you for your interview.
What Happens After The Interview?
After you apply and attend your green card marriage interview, USCIS will make a decision on your case. If USCIS approves your petition, you will receive a conditional green card if you’ve been married for less than two years. If you’ve been married for more than two years, you’ll receive a permanent green card, which is valid for 10 years from the date of issue.
What Is a Conditional Green Card?
A conditional green card is valid to two years. 90 days before your conditional green card expires, you’ll need to apply for a permanent green card and prove that your marriage is real and continuing. If approved, you will be a lawful permanent resident and will receive a green card that is valid for 10 years.
Conditional green cards help ensure that individuals getting immigration benefits are being genuine about their relationships. That’s why conditional green cards are allocated to those married for two years or less. Those who have been married for longer are eligible for the 10-year permanent green card from the start.
You must submit Form I-751, Petition to Remove Conditions of Residence within the 90 days before your conditional green card expires. If you fail to do so, you could lose your status as a conditional resident, meaning that you could be subject to removal from the United States.
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Green Card Marriage FAQs
What is The Marriage Green Card Timeline?
The marriage green card timeline can range from 10 to 38 months. The exact timeline depends on whether you’re married to a U.S. citizen or a lawful permanent resident (green card holder) and your current location. If you’re living in the U.S., the process may be faster than if you’re applying from abroad.
USCIS may request additional evidence during the process, and it’s essential to provide this as quickly as possible. Delays in submitting the requested documents will result in longer processing times.
Can I Work While Waiting For Green Card Through Marriage?
Yes, you can work while waiting for your green card through marriage if you obtain a work permit, officially known as an Employment Authorization Document (EAD). If you apply for your green card while in the U.S., you can submit Form I-765, Application for Employment Authorization, along with your green card application. Once approved, the EAD will allow you to legally work in the United States while your green card application is being processed.
However, if you are applying from abroad through consular processing, working in the U.S. prior to receiving your green card would not be allowed unless you have a separate visa that authorizes employment. It is crucial to follow all immigration guidelines to avoid complications in your green card process.
Is It Possible to Get a Marriage Green Card with a Criminal History?
A person who has a criminal history may still be eligible to obtain a marriage green card depending on the type of crime. If you’ve been convicted of an aggravated felony, a crime involving “moral turpitude” or a crime involving illegal drugs, you could be inadmissible to the United States and therefore unable to obtain a green card.
If you have been convicted of one of these crimes, you may be able to be granted a “waiver of inadmissibility.” Criminal convictions are one of the biggest barriers to obtaining a marriage green card.
If you want to find out if your criminal history will affect your green card application, or if you’re eligible for a waiver, the best way is by speaking with a marriage green card lawyer.
Do You Need to Talk to a Marriage Green Card Lawyer ?
When you’re looking to get a green card marriage, it’s important to understand how the process works. Immigration attorneys who practice in this field can offer more knowledge on this topic.
Our San Antonio immigration attorney can help you navigate countless forms, different procedures and potential pitfalls of the immigration system.
If you need to speak with a lawyer about obtaining a green card marriage, we may be able to help you. Call our office to schedule your free consultation with an experienced, knowledgeable and understanding green card attorney today.
