As believed by many, the easiest way for a foreign national to become a permanent resident of the United States is through marriage to a U.S. citizen or a green card holder. In order to promote family unity, the United States permits U.S. citizens to sponsor their spouses and other family members for U.S. Green Cards. If you are a foreign national and if you marry a U.S. citizen, you will become eligible for a U.S. Green Card and this applies to the individuals who marry inside America and abroad.
However, to qualify, you need to establish that you and your U.S. citizen or permanent resident spouse, are legally married and that your marriage is genuine. Similarly, you also need to prove that you and your spouse are not married to anyone else.
Your marriage must not be a sham marriage and you must not have entered into marriage for immigration purposes. U.S. citizens can get married to foreign nationals in the United States and abroad. But people who get married to U.S. citizens would initially be granted two-year Green Cards with conditions on their residence and when those cards are about to expire, conditional residents along with their U.S. citizen spouses, must jointly file applications to get the conditions removed and they must file Form I-751, Petition to Remove the Conditions of Residence, to get permanent resident cards valid for ten years.
Application Filing Process
If you are married to a U.S. citizen, your U.S. citizen spouse must file Form I-130, Petition for Alien Relative, for you, to sponsor you. USCIS generally takes around 2 months to process immigrant petitions filed by US citizens on behalf of their immediate relatives. After the USCIS approves Form I-130 filed by your US citizen spouse, you may file a petition for an immigrant visa in your home country.
After your petition is approved and after you get an immigrant visa, you can travel to the United States as a permanent resident. Immigrant visas will immediately be made available to the immediate relatives of US citizens and you will not be put on a waiting list. Hence, you will be issued a visa soon after your petition is approved.
If you are in the United States when your US citizen spouse files Form I-130 for you, you may concurrently file Form I-485, Application to Register Permanent Residence or Adjust Status, for adjustment of status and become a permanent resident.
Getting Married Inside the United States
If you get married to a US citizen, while you are in America on a non-immigrant visa, you can adjust your status to permanent resident status by filing Form I-485, when your U.S. citizen spouse files Form I-130 for you. In this case, you need not return to your home country to file an application for an immigrant visa and you need not go through Consular Processing. After your petition is approved, you will be issued a Green Card valid for two years, with conditions.
Forms that must be submitted along with Form I-130 and Form I-485
Form I-765, Application for Employment Authorization
Form I-864, Affidavit of Support
Form I-693, Medical Examination by a certified civil surgeon
Supporting Documents
Along with these USCIS forms, you need to submit
- copies of your birth certificate and that of your spouse
- copies of your passport
- copies of your spouse’s US citizenship certificate, naturalization certificate or US passport
- Form G-325A (one for you and one for your US citizen spouse)
- copies of your marriage certificate
- copies of divorce certificates (if any)
Getting Married Abroad
If you get married to a US citizen in a foreign country, your US citizen spouse must first file Form I-130 for you. You cannot enter America until you get an immigrant visa. But you can immediately apply for an immigrant visa after Form I-130 filed by your US citizen spouse is approved by the USCIS. After Form I-130 is filed by your US citizen spouse is approved by the USCIS, the petition will be forwarded to the US Consulate or Embassy in your home country. You will have to visit the particular embassy or consulate and file an application for an immigrant visa.
You need not wait for a long time to obtain a visa as the immediate relatives of US citizens will not be put on a waiting list and so you will be granted a visa soon after your petition is approved. You will have to pay the required fees and submit the above-mentioned supporting documents along with your petition. After the approval of your petition for an immigrant visa, you will be notified by the National Visa Center and you will be required to appear for a medical examination and for fingerprinting. You will then be interviewed and issued an immigrant visa. With this visa, you can travel to America and get a Green Card. Remember that, you will only be issued a two-year Green Card with conditions if your marriage is not more than two years old.
Removal of Conditions
Remember that, a Green Card with conditions will be valid only for a two year period and you cannot renew a conditional Green Card. By the end of the two year period, you will have to submit a petition to remove conditions on your card and to remove conditions on your card, you will have to file Form I-751, along with your US citizen spouse. If you fail to file this form, prior to the expiration of your conditional status, you will lose your status in America and you will be removed from the country.
After you file this petition, you will be required to appear of an interview along with our spouse, in order to make sure that you are still living in marital union with your US citizen spouse. If the immigration officers determine that your marriage is genuine, they will approve your petition and grant you an unconditional Green Card valid for ten years. At the time of filing Form I-751, you will have to submit copies of your conditional Green Card and documentary evidence to establish that you did not get married for immigration purposes such as joint bank accounts, insurance documents, birth certificates of your children, joint utility bills or other relevant documents to prove your marriage is bonafide.
One of the best and easiest ways to get a US Green Card is through marriage.
A non-US citizen will become eligible for a US Green Card if he/she gets married to a US citizen or a lawful permanent resident. Marriage-based Green Card options are based on the type of marriage and also depend on whether the applicants are spouses of US citizens or Green Card holders.
If you are a citizen of a foreign country legally married to a US citizen, you will be considered an immediate relative of that US citizen. People who are considered immediate relatives of US citizens will not be put on a waiting list and they are exempt from the numerical limitation
The spouses of permanent residents do not belong to the immediate relative’s category. They belong to the 2A family preference category. People who belong to the family preference categories are subject to annual limits and they will be issued immigrant visas only after their priority dates become current. The date on which the USCIS receives Form I-130, is the priority date.
Eligibility Requirements
To get you a Green Card through marriage, your spouse must be a US citizen or a legal resident of the country.
If your spouse is a permanent resident or a citizen of America;
- You must be legally married to your spouse and you need to prove that by providing documentary evidence, such as a legal marriage certificate.
- Your spouse must be above age 18 and capable of signing an affidavit of support for you..
Married to US Citizen Inside the United States
If you get married to a US citizen, while in America as a non-immigrant, Form I-130 and Form I-485 for adjustment of status, can be filed together. Your US citizen spouse must file Form I-130 and you must file Form I-485.
Forms that must be filed
- Form I-130, Petition for Alien Relative
- Form I-485, Application to Register Permanent Residence
- Form G-325, Biographic Information (for both the petitioner and the beneficiary)
- Form I-864, Affidavit of Support
- Form I-765, Application for Work Authorization (if needed)
- Form I-131, Application for a Travel Document (if needed)
- Form I-693, Medical Examination Results
- A certified copy of your civil marriage certificate
- A proof of the petitioner’s US citizenship
- Copies of your birth certificate and that of your spouse
- Photocopies of your passport and medical certificates
- A copy of Form I-94 to establish that you entered America legally
USCIS will review and consider applications that have been filled out completely and petitions that accompany all the required supporting documents. As you hold a valid non-immigrant visa and you are eligible for adjustment of status, you need not go through consular processing that is meant for the spouses of US citizens who are abroad.
You can remain in America after filing these applications and need not go to your home country to get an immigrant visa. After your petition is approved, a Green Card will be issued to you.
Married to US Citizen Outside the United States
If married abroad, you must go through consular processing. To go through this process, your spouse must first file Form I-130 and sponsor you. After this petition is approved by the USCIS, you must apply for and get an immigrant visa from a US Consulate or Embassy in your home country.
Forms that must be filed
- Form I-130, Petition for Alien Relative
- Form G-325, Biographic Information (for both the petitioner and the beneficiary)
- A certified copy of the marriage certification
- Copies of petitioner’s US Passport, citizen’s birth certificate, certificate of naturalization or citizenship
- Copies of your birth certificate and your spouse’s
USCIS will forward the approved Form I-130 to the US Embassy or US Consulate, in your home country. The respective consulate or embassy will then require you to apply for an immigrant visa. You must undergo medical examinations and appear for an immigrant visa interview.
After being interviewed, you will be issued an immigrant visa within six months from the date of your interview. However, spouses of Green Card holders will have to wait for several years to get into the United States as they are subject to numerical limitations.
Married to Green Card holder inside the United States
If you are married to a permanent resident in America, you can adjust your status to permanent resident status. But remember that you cannot file an application for adjustment of status when your permanent resident spouse files Form I-130, on your behalf. You need to wait until your priority date becomes current and then file Form I-485.
Forms that must be filed
- Form I-130, Petition for Alien Relative
- Form I-485, Application to Register Permanent Residence
- Form G-325, Biographic Information (for both the petitioner and the beneficiary)
- Form I-864, Affidavit of Support
- A copy Form I-94 to prove that you entered into America legally
- A copy of the petitioner’s alien registration card (Green Card)
- Form I-693, Medical Examination Results
- A certified copy of the marriage certification
- Copies of your birth certificate and your spouse’s
- Form I-765, Application for Employment Authorization (if needed)
- Form I-131, Application for a Travel Document (if needed)
You may not be able to remain in the country legally until the priority date becomes current. If you need to stay in America until you file Form I-485, you will have to obtain a non-immigrant visa that would permit you to stay legally in the country until then.
Soon after the priority date becomes current, you can file an application for adjustment of status and you can remain in America legally, after filing Form I-485.
Remember that if your non-immigrant visa expires before your priority date becomes current, you will be placed in removal proceedings. Hence, you need to obtain a student visa or some other non-immigrant visa that would help you to remain in America until you adjust your status. Remember that it might take around three years for the priority date to become current.
Married to a Green Card holder Outside the United States
If you get married to a Green Card holder, in your home country, your spouse must file Form I-130 for you, to get you a Green Card. You need to wait until the USCIS approves that petition and then file an application for an immigrant visa in your home country.
You will have to wait for a long time as the spouses of permanent residents are not considered as immediate relatives. You can file an application for an immigrant visa only after you are notified by the local US Embassy or Consulate in your home country.
Forms that must be filed
- Form I-130, Petition for Alien Relative
- Two completed and signed G-325A’s
- Copies of your and your spouse’s birth certificates
- A copy of your passport
- A copy of your spouse’s alien registration card
- A copy of your marriage certificate
Conditional Green Card
If your marriage is not more than two years old, you will initially be issued a two-year conditional Green Card. This card cannot be renewed and to remove conditions on that card, you and your US citizen spouse must jointly file Form I-751. This must be done prior to the expiration of your conditional status. If that petition is approved, you will be issued a ten-year unconditional Green Card.