Marriage green card: how the process works for spouses

Citizen spouse or green card holder spouse

Every marriage case starts with Form I-130, Petition for Alien Relative, filed by the US citizen or permanent resident spouse. The petition asks USCIS to recognize that a qualifying relationship exists. It does not by itself give the foreign spouse any status, work permission or right to travel.

If the petitioner is a US citizen, the foreign spouse is an immediate relative. Immediate relatives are not subject to the annual numerical limits, so there is no visa bulletin line to wait in. If the petitioner is a permanent resident, the spouse falls into the F2A preference category. A visa number must be available before the case can be finished, and availability is published each month in the Department of State visa bulletin. If the petitioning spouse later naturalizes, a pending or approved F2A case can generally be converted to an immediate relative case.

Adjustment of status inside the United States

Adjustment of status means applying for the green card on Form I-485 without leaving the country. It is generally available if you were inspected and admitted or paroled into the United States and you meet the other eligibility rules. Spouses of US citizens can usually file the I-485 together with the I-130, which is called concurrent filing. Spouses of permanent residents can file the I-485 only when the visa bulletin chart that USCIS designates for that month shows their category as current.

Immediate relatives are forgiven some status problems that would block other applicants, such as having overstayed a visa. Entering without inspection is a different matter and usually rules out adjustment unless a special provision applies. Because these rules are technical, have an attorney review your entry history before you file.

• Form I-485 can be paired with Form I-765 for a work permit and Form I-131 for advance parole.
• Most applicants attend a biometrics appointment and many attend an interview.
• A medical examination by a USCIS-designated civil surgeon is required.

Consular processing abroad

If you live outside the United States, or you are not eligible to adjust, the approved I-130 goes to the National Visa Center. You then submit the online immigrant visa application, civil documents and the affidavit of support, and attend an interview at a US embassy or consulate. If the visa is issued, you become a permanent resident when you are admitted at a US port of entry.

Leaving the United States after a period of unlawful presence can trigger a three-year or ten-year bar to returning. Some applicants can apply in advance for a provisional unlawful presence waiver on Form I-601A. Do not leave the country for a consular interview until you understand whether a bar applies to you.

Proving that the marriage is real

USCIS looks at whether the marriage was entered into in good faith, not merely to obtain an immigration benefit. A valid marriage certificate is necessary but not sufficient. Officers look for evidence of a shared life over time.

If you have been married for less than two years on the day your green card is approved or you are admitted on an immigrant visa, you receive conditional residence for two years. You then need to file to remove the conditions.

• Joint leases, mortgages or property records
• Shared bank accounts, insurance policies and tax returns
• Birth certificates of children you have together
• Photos, travel records and correspondence over the course of the relationship