A marriage green card, or spousal visa, enables the spouse of a U.S. citizen or lawful permanent resident to live and work unrestricted anywhere in the U.S. As a holder of a marriage green card, the spouse attains “permanent resident” status, and in some cases, the opportunity to apply for U.S. citizenship after three years if desired.
The Marriage Green Card Process
Step 1: Establishing the Marriage Relationship
The first step involves the submission of Form I-130, also known as the “Petition for Alien Relative,” to the U.S. Citizenship and Immigration Services (USCIS). This form’s main purpose, together with supporting documents, is to confirm that the marriage is bona fide.
The person filing the I-130, typically a U.S. citizen or a green card holder, is referred to as the “petitioner” or “sponsor.” The spouse seeking a green card is known as the “beneficiary” or “green card applicant.”
Key components of a complete I-130 filing package are:
- Government filing fee of $535
- Evidence proving the sponsoring spouse’s U.S. citizenship or permanent residency status
- Proof of a legally valid marriage
- Confirmation that the marriage is not fraudulent
- Verification that any previous marriages of either spouse have been legally terminated
After receiving the complete I-130 filing package, USCIS will issue an acknowledgment receipt to the sponsoring spouse, typically within two weeks.
Step 2: Applying for the Green Card
The process for applying for a green card varies depending on whether the spouse seeking the green card currently resides in the United States or abroad.
For Spouses Residing in the U.S.
If the spouse lives in the United States, the next step involves filing Form I-485, the “Adjustment of Status” application. The I-485 form, submitted to USCIS, primarily aims to establish the spouse’s eligibility for a green card.
Key components of an I-485 filing package include:
- Government filing fees of $1225
- Proof of the spouse seeking the green card’s nationality
- Proof of lawful entry into the United States
- A medical examination performed by a USCIS-approved doctor
- Evidence of the sponsoring spouse’s financial ability to support the spouse seeking the green card
For Spouses Residing Abroad
For spouses living outside the U.S., the next step involves filing an application package with the National Visa Center (NVC). The NVC collates the necessary forms and documents to determine if the spouse is ready for an interview at a U.S. embassy or consulate abroad.
Key components of an NVC filing package include:
- Government filing fees of $445
- Form DS-260 (green card application filed online)
- Proof of the spouse seeking the green card’s nationality
- A copy of a police clearance certificate for the spouse seeking a green card
- Evidence of the sponsoring spouse’s financial ability to support the spouse seeking the green card
Step 3: The Green Card Interview and Awaiting Approval
The final step in the process involves a green card interview. The primary goal of the interview is to confirm the authenticity of the marriage. Upon successful validation, the spouse will be approved for a green card.
The location of the interview depends on where the spouse seeking the green card lives. A spouse living in the U.S. will attend the interview at their local USCIS office, while a spouse living abroad will be interviewed at a U.S. embassy or consulate in their home country.
Marriage-Based Green Card Cost
The government filing fees for a marriage-based green card is $1760 for a spouse living in the U.S. and $1200 for a spouse living abroad. This fee does not cover the cost of the medical examination, which can vary from roughly $200 to $500.
Marriage-Based Green Card Timeline
The total processing time for a marriage-based green card is variable, depending on whether the spouse is married to a U.S. citizen or a green card holder.
How We Can Help
This may be one of the most important steps taken in your life. At Elliott Immigration Law, we are committed to providing you with comprehensive support throughout the marriage green card application process. Our team of immigration experts is here to help you navigate the process with confidence so that you can focus on what matters most: starting your new life in the U.S. Get in touch with us today to learn more.
