How Do I Apply For A Green Card After Marrying A U.S. Citizen?

When you marry a U.S. citizen, you may be eligible to apply for a Green Card to become a permanent resident of the United States. The process involves several steps, including filing petitions, providing documentation, and attending an interview. The timeline and exact process can vary based on whether you are applying from within the U.S. (adjustment of status) or from outside the U.S. (through consular processing).

Steps to Apply for a Green Card After Marrying a U.S. Citizen:

1. Establish Eligibility:

The first step is to confirm your eligibility. You must have legally married a U.S. citizen. If you are already living in the U.S. and are married to a U.S. citizen, you can apply for a Green Card through adjustment of status. If you are living outside the U.S., you will go through consular processing to apply for an immigrant visa at a U.S. embassy or consulate.

2. File the Petition (Form I-130):

Your U.S. citizen spouse must file a Form I-130 (Petition for Alien Relative) with U.S. Citizenship and Immigration Services (USCIS). This form establishes the legitimacy of your marriage and confirms the relationship between you and your spouse.

Documentation required with Form I-130:

• Proof of U.S. citizenship for your spouse (such as a U.S. passport or birth certificate).
• Marriage certificate proving that the marriage is legally valid.
• Proof of a genuine marriage (such as joint bank accounts, photos, joint leases, etc.).

3. File Form I-485 (Adjustment of Status):

If you are already in the U.S., you can file Form I-485 (Application to Register Permanent Residence or Adjust Status) to apply for your Green Card.

You can file Form I-130 and Form I-485 at the same time (called concurrent filing) if you're in the U.S. and your priority date is current.

Documents required with Form I-485:

• A copy of Form I-130 (if not filed concurrently).
• Copy of your birth certificate or passport.
• Medical examination (Form I-693).
• Proof of legal entry into the U.S. (if applicable).
• Affidavit of support (Form I-864) from your spouse, proving they can financially support you.

4. Attend Biometrics Appointment:

After filing the necessary forms, you will be scheduled for a biometrics appointment, where USCIS will take your fingerprints, photograph, and signature for background checks.

5. Attend the Interview:

As part of the Green Card process, both you and your U.S. citizen spouse will likely be required to attend an interview at a local USCIS office. The officer will ask questions about your relationship to determine if the marriage is genuine and not entered into solely for immigration purposes.

Documents you may need for the interview:

• Your passport, birth certificate, and other personal identification.
• Your marriage certificate and proof of your relationship (photos, joint financial records, etc.).
• Form I-485 receipt notice and other USCIS communication.

6. Approval and Receiving Your Green Card:

If USCIS approves your application, you will receive your Green Card.

If your Green Card is conditional (because your marriage is less than two years old at the time of approval), you will receive a conditional Green Card, which is valid for two years. You will need to apply to remove the conditions before it expires by filing Form I-751.

If your marriage was over two years old at the time of your Green Card approval, you will receive a 10-year permanent Green Card.

7. For Those Outside the U.S. – Consular Processing:

If you are not in the U.S., after the Form I-130 is approved, your case will be sent to the National Visa Center (NVC) for processing. You will then be required to attend an interview at the U.S. embassy or consulate in your home country.

You will need to complete Form DS-260 (Immigrant Visa Application) and attend a medical examination before the interview.

If approved, you will receive an immigrant visa and can enter the U.S. as a permanent resident.

Example:

Juan is a citizen of Mexico and marries Maria, a U.S. citizen. Juan is currently living in the U.S. on a tourist visa. Maria files Form I-130 for Juan, and they file Form I-485 together for adjustment of status. They attend the required biometrics and interview, and after a few months, Juan is approved for a Green Card. Since they have been married for over two years, he receives a 10-year permanent Green Card.

Important Considerations:

Avoiding Marriage Fraud:

You must provide evidence that your marriage is genuine and not entered into solely for the purpose of obtaining a Green Card. USCIS conducts thorough background checks, and fraudulent marriages can lead to serious consequences, including deportation.

Filing Fees:

There are filing fees for the Form I-130, Form I-485, and other related forms, which vary based on your situation.

Conditional Green Card:

If your marriage is less than two years old at the time your Green Card is approved, you will receive a conditional Green Card. You will need to apply to remove the conditions within the 90-day period before your Green Card expires.

Timelines:

The entire process can take several months to over a year, depending on whether you are applying from within the U.S. or abroad, and the specific processing times at the USCIS service center or embassy.

Conclusion:

Applying for a Green Card after marrying a U.S. citizen is a well-defined process, but it involves careful attention to detail. If you are in the U.S., you can apply for adjustment of status by filing Form I-130 and Form I-485. If you are outside the U.S., you will go through consular processing. In both cases, you will need to provide various forms of documentation and attend an interview to demonstrate the authenticity of your marriage. Once approved, you will become a U.S. permanent resident, and if your marriage is under two years old, you will receive a conditional Green Card, which you will need to renew after two years.