How to Get a Green Card Through Marriage

Whether you’re married to a U.S. citizen or a green card holder, obtaining a Marriage Green Card allows you to live and work in the United States as a lawful permanent resident. While the process for both is similar, there are important differences regarding eligibility, timing, and the visa bulletin that applicants should be aware of. This guide will walk you through the necessary steps, forms, and key differences in obtaining a green card through marriage.

What is a Marriage Green Card?

A Marriage Green Card allows the spouse of a U.S. citizen or lawful permanent resident (green card holder) to live and work in the United States. It provides a pathway to permanent residency and, eventually, U.S. citizenship.

Marriage to a U.S. Citizen vs. Marriage to a Green Card Holder

1. Marriage to a U.S. Citizen

• If you are married to a U.S. citizen, you are classified as an “immediate relative” in the immigration system. There is no limit on the number of green cards issued to immediate relatives each year, meaning your case won’t be subject to visa availability.
• Concurrent filing: You can file Form I-130 (Petition for Alien Relative) and Form I-485 (Adjustment of Status) simultaneously if you are in the U.S.
• Processing time: Typically takes 10-12 months.

2. Marriage to a Green Card Holder

• If you are married to a green card holder, you fall under the Family Preference Category (F2A), meaning the number of green cards issued each year is limited. As a result, your application may be subject to visa availability as per the Visa Bulletin.
• No concurrent filing: Unlike spouses of U.S. citizens, spouses of green card holders cannot file Form I-130 and Form I-485 together unless a visa number is available, as shown in the Visa Bulletin.
• Processing time: Generally takes 24-36 months, depending on visa availability and the country of origin.

Steps to Get a Green Card Through Marriage

1. Filing Form I-130 (Petition for Alien Relative)
   • The U.S. citizen or green card holder spouse must file Form I-130 with U.S. Citizenship and Immigration Services (USCIS) to establish the marital relationship.
   • You’ll need to submit documents such as your marriage certificate, proof of citizenship or green card status, and evidence that your marriage is genuine (photos, joint bank accounts, etc.).
2. Concurrent Filing (For U.S. Citizens Only)
   • If you’re married to a U.S. citizen and applying for your green card while in the U.S., you can submit Form I-130 and Form I-485 (Adjustment of Status) at the same time. This concurrent filing speeds up the process.
   • Spouses of green card holders must wait until the I-130 is approved and a visa number becomes available before filing Form I-485.
3. Visa Bulletin for Spouses of Green Card Holders
   • The Visa Bulletin is issued monthly by the U.S. Department of State and indicates which family-based preference categories have visa numbers available.
   • Spouses of green card holders fall under the F2A category. Once the priority date (the date your Form I-130 was filed) becomes “current” in the Visa Bulletin, you can then file Form I-485.
   • If you’re waiting outside the U.S., you’ll proceed with Consular Processing once the visa number is available.
4. Attend the Biometric Appointment
   • After filing, the applicant will need to attend a biometric appointment where fingerprints, photos, and a signature will be collected for background checks.
5. The Green Card Interview
   • The applicant will attend a marriage interview with their spouse, where a USCIS officer will ask questions to confirm the legitimacy of the marriage. Couples should bring evidence such as joint finances, lease agreements, and photos.
6. Receive Your Green Card
   • Spouses of U.S. citizens: After a successful interview, you will receive either a 2-year conditional green card if your marriage is less than 2 years old, or a 10-year permanent green card if the marriage is over 2 years old.
   • Spouses of green card holders: You will receive your green card after your interview and once the visa number is available.

Visa Bulletin Overview for Spouses of Green Card Holders

• Understanding the Visa Bulletin: The Visa Bulletin shows the priority dates that are eligible for green card processing each month. If your priority date (the date your I-130 was filed) is earlier than the date listed, a visa number is available, and you can file Form I-485.
• Priority Date and Wait Times: Depending on your country of origin, the wait time for a visa number to become available can vary. Countries with higher demand, such as Mexico and India, often have longer waiting times.

Documents Required for the Marriage Green Card Process

• Marriage certificate
• Proof of U.S. citizenship or green card status (passport, birth certificate, or green card)
• Proof of a bona fide marriage (photos, joint bank accounts, lease agreements)
• Divorce decrees, if applicable
• Form I-130 and Form I-485 filing fees

Processing Times for Marriage Green Cards

• Spouse of a U.S. citizen (within the U.S.): Typically takes 10-12 months.
• Spouse of a green card holder (within the U.S.): May take 24-36 months, depending on the Visa Bulletin and country of origin.
• Spouse of a U.S. citizen (outside the U.S.): Consular processing usually takes 12-18 months.
• Spouse of a green card holder (outside the U.S.): May take 24-36 months, depending on visa availability.

Marriage Green Card Interview Questions

During the interview, expect questions about:

• How you met your spouse
• The timeline of your relationship
• Your shared living arrangements
• How you celebrate special occasions or holidays

Common Mistakes to Avoid

1. Insufficient evidence: Lack of proof of a bona fide marriage can lead to delays or denials.
2. Inaccurate forms: Make sure all forms are completed correctly and submitted with the proper supporting documents.
3. Failure to track the Visa Bulletin: For spouses of green card holders, not staying up-to-date on the Visa Bulletin can delay your process.

Begin Your Marriage Green Card Process with GSR Law Group

Whether you are married to a U.S. citizen or green card holder, navigating the Marriage Green Card process can be challenging. At GSR Law Group, we specialize in helping couples through every step of the green card process, from filing petitions to preparing for interviews.

Contact GSR Law Group today to start your journey toward permanent residency in the U.S. with expert guidance and support.