How do I get a green card through marriage?

Understanding the Marriage-Based Green Card Process

If you’re married to a U.S. citizen or a lawful permanent resident (green card holder), you may be eligible for a marriage-based green card. This allows you to live and work in the United States as a permanent resident. But how does the process work, and what steps should you take to ensure a smooth application? Let’s break it down.

Who Is Eligible for a Marriage-Based Green Card?

To qualify for a green card through marriage, you must meet the following requirements:

• Be legally married to a U.S. citizen or green card holder
• Prove that your marriage is bona fide (genuine), not just for immigration purposes
• Be eligible for admission to the U.S. (no major criminal history, immigration violations, etc.)

Steps to Apply for a Marriage-Based Green Card

1. File Form I-130 (Petition for Alien Relative)

The process begins when the U.S. citizen or lawful permanent resident spouse files Form I-130 with U.S. Citizenship and Immigration Services (USCIS) (USCIS.gov). This form establishes that the marriage is real. Along with it, you’ll need to submit:

• A copy of your marriage certificate
• Proof of your spouse’s U.S. citizenship or residency (passport, naturalization certificate, or green card)
• Evidence of a bona fide marriage (photos, joint financial documents, lease agreements, etc.)

If USCIS approves the petition, your case moves to the next stage.

2. Adjustment of Status (If in the U.S.) or Consular Processing (If Abroad)

Depending on your location, the next steps vary:

• If You’re in the U.S.: You can apply for a green card through Adjustment of Status by filing Form I-485 (USCIS Form I-485). This allows you to stay in the U.S. while your application is processed.
• If You’re Abroad: Your application is handled through Consular Processing by the National Visa Center (NVC) and your local U.S. embassy or consulate (travel.state.gov).

3. Attend the Green Card Interview

A crucial step in the process is the marriage interview with a USCIS officer or consular officer. They will ask about your relationship history, daily life, and future plans to determine if your marriage is genuine. Be prepared with supporting documents and consistent answers.

4. Receive Your Green Card

If approved, you will receive either:

• A conditional green card (valid for 2 years) if married for less than 2 years
• A permanent green card (valid for 10 years) if married for more than 2 years

For conditional green card holders, you must file Form I-751 (USCIS Form I-751) within 90 days before the card’s expiration to remove conditions.

Common Challenges and How to Overcome Them

Proving a Genuine Marriage

USCIS closely scrutinizes marriage-based applications to prevent fraud. To strengthen your case:

• Provide shared financial documents (bank accounts, joint bills)
• Submit proof of cohabitation (lease, mortgage)
• Show photos, travel history, and affidavits from friends and family

Dealing with Processing Delays

Marriage-based green card applications can take 12–24 months to process. To avoid unnecessary delays:

• Submit a complete application with all required documents
• Respond promptly to USCIS requests for evidence
• Check your case status online at USCIS Case Status

What Happens If Your Application Is Denied?

If your green card application is denied, you may:

• File a motion to reopen or reconsider the case
• Reapply with stronger evidence
• Seek legal counsel from an immigration attorney

Final Thoughts

Getting a green card through marriage can be a complex process, but with proper preparation and patience, it’s achievable. If you’re unsure about any part of the process, consulting an immigration lawyer can provide clarity and increase your chances of success.

FAQ: Marriage-Based Green Cards

1. How long does it take to get a green card through marriage?

Processing times vary, but typically range from 12 to 24 months.

2. Can I work while my green card application is pending?

Yes, if you file Form I-765 (Application for Employment Authorization) along with your adjustment of status application, you can receive a work permit.

3. Do I have to stay married to keep my green card?

If you have a conditional green card, you must stay married for at least two years before applying to remove conditions. Divorce can complicate your case.

4. What if my spouse is abusive?

If you are in an abusive marriage, you may be eligible for relief under the Violence Against Women Act (VAWA) (justice.gov).

5. Can I travel while my green card application is pending?

Yes, but you need advance parole by filing Form I-131 before leaving the U.S.