Marrying a U.S. citizen can be a life-changing event—not just emotionally but also in terms of legal immigration status. One of the most common ways to obtain lawful permanent residency, also known as a Green Card, is through marriage to a U.S. citizen. While the process can seem complex and paperwork-heavy, understanding each step will help make the journey smoother and more manageable.
What Are the Requirements for a Marriage-Based Green Card?
To apply for a Green Card through marriage, several key criteria must be met:
- The U.S. Citizenship of the Spouse: One of the individuals in the marriage must be a U.S. citizen. This person will act as the sponsor and petitioner for their foreign-born spouse.
- A Legal and Genuine Marriage: The couple must be legally married, and the marriage must be bona fide—meaning it was entered into in good faith and not solely for immigration benefits. The U.S. Citizenship and Immigration Services (USCIS) scrutinizes this aspect closely, so authenticity is critical.
- Timely and Proper Filing of Forms: The necessary immigration forms must be correctly completed and submitted to USCIS within the appropriate timeframe.
Key Documents You'll Need
To begin the application, both spouses must prepare and collect several essential documents that prove the legitimacy of the marriage and support the Green Card application. These include:
- Form I-130 (Petition for Alien Relative): This form is submitted by the U.S. citizen spouse to establish the family relationship.
- Form I-485 (Application to Register Permanent Residence or Adjust Status): If the foreign spouse is already in the U.S., this form is used to apply for adjustment of status.
- Marriage Certificate: This serves as legal proof of the marital relationship.
- Photos of the Couple: Providing pictures taken at various life events can help support the authenticity of the marriage.
- Proof of Shared Life: Documents like joint bank accounts, co-signed leases or mortgages, shared insurance policies, and travel itineraries demonstrate the couple's life together.
If the foreign spouse is residing outside the U.S., they will go through Consular Processing and file Form DS-260 instead of Form I-485.
Step-by-Step Breakdown of the Application Process
Understanding the sequence of steps can help reduce confusion and improve the chances of success. Here's how the process typically unfolds:
Step 1: Submitting Form I-130
This is the foundational step where the U.S. citizen spouse files the I-130 petition to prove a valid relationship exists. Along with the form, documentation such as the marriage certificate and proof of U.S. citizenship must be included.
Step 2: Filing Form I-485 or DS-260
The next step depends on the foreign spouse's current location:
- If residing in the U.S.: File Form I-485 to adjust status without leaving the country.
- If residing abroad: Complete Form DS-260 for consular processing at a U.S. embassy or consulate in their home country.
Step 3: Biometrics Appointment and Interview
Once the forms are processed, the foreign spouse will be scheduled for a biometrics appointment where fingerprints and photographs are taken. Following this, an in-person interview is conducted to evaluate the authenticity of the marriage. Both spouses are usually present, and questions can range from how they met to details about daily life together.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
