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How to Apply for a Green Card Through Marriage and What You Can Do to Increase Your Chances of Getting Approved
Long-distance relationships can be difficult, especially when you and your loved one are in different countries. U.S. immigration law allows a U.S. citizen to petition for a fiancé(e) to come to the United States on a K-1 visa, giving you 90 days to marry after entry. Once married, you can then apply for a Green Card, or lawful permanent resident status, which grants the right to work, travel more freely, and access federal benefits.
However, applying for a Green Card through marriage isn’t a quick or simple process, and working with an immigration attorney can ensure you’ve done everything that’s required to increase your chances of approval.
Who Can Apply for a Green Card Through Marriage?
There are several requirements to get a Green Card through marriage. You must already be married to your spouse who is a U.S. citizen, and you generally need to already be present in the United States when you file. This U.S. Citizenship and Immigration Services office requires that you be either inspected and paroled or inspected and admitted before applying for a Green Card.
The U.S. government doesn’t limit how many Green Cards can be granted to spouses of U.S. citizens, but you do have to be eligible to receive an immigrant visa. This generally means that you need to be able to demonstrate good moral standing and that you don’t have any of the bars to adjustment, such as failure to maintain lawful status or having certain criminal convictions.
You must also prove that you are in a bona fide marriage. This requires a legal marriage certificate or license, and you will need to attend an interview where the interviewer will ask questions about your relationship to ensure it’s legitimate. If you have been married less than two years, you will be granted conditional permanent resident status for two years if your application is approved.
What Requirements Are There for the Sponsoring Spouse?
The person sponsoring you for a Green Card through marriage must be your legitimate spouse, be a U.S. citizen, and meet certain income requirements. They must have an income that is at least 125% of the federal poverty level. This is adjusted on a regular basis to account for inflation and other factors. In 2024, the federal poverty level for a family of two is $20,440, which means that your spouse must be able to show an income of at least $25,550 to qualify as a sponsor if you are married without children.
Your spouse must sign a formal affidavit that states that they are willing and able to financially support you. If they don’t earn the minimum amount, you have the option of using a joint sponsor who is willing to provide financial support.
How to Apply for a Green Card Through Marriage
The marriage green card application process is a crucial journey, and understanding each step is vital for success. The process begins with the U.S. citizen spouse filing Form I-130, Petition for Alien Relative, with USCIS to legally establish the marital relationship. For couples where the immigrant spouse is already in the United States, the next step is typically to file Form I-485, Application to Register Permanent Residence or Adjust Status, which is the core of the green card application. For those living abroad, the process involves consular processing, where the application is handled through a U.S. embassy or consulate. A critical part of the application is the biometrics appointment, where fingerprints and photos are taken, and finally, the interview. While both spouses often attend the interview, it is always a good idea to bring your attorney with you to ensure a smooth and confident process.
Step-by-Step Marriage Green Card Application Process
The marriage green card application process can seem daunting, but it’s a series of key steps. Your path will depend on whether the immigrant spouse is already in the United States or is residing abroad.
Step 1: File Form I-130, Petition for Alien Relative
The journey begins when the U.S. citizen spouse files Form I-130 with USCIS. This form’s primary purpose is to establish the existence of a valid, “bona fide” marriage and to prove the relationship between the petitioner (the U.S. citizen) and the beneficiary (the immigrant spouse). You must include supporting evidence, such as your marriage certificate, photos, and joint financial documents.
Step 2: Choose Your Application Path
Once the Form I-130 is filed, the process diverges into one of two paths based on the immigrant spouse’s location:
- Adjustment of Status: This path is for immigrant spouses who are already in the United States. They can file Form I-485, Application to Register Permanent Residence or Adjust Status, which is the actual green card application. In many cases, Form I-130 and Form I-485 can be filed at the same time, a process known as “concurrent filing.”
- Consular Processing: This path is for immigrant spouses who live outside of the United States. After the Form I-130 is approved by USCIS, the case is sent to the National Visa Center (NVC). The NVC handles the pre-interview processing, including collecting fees and required documents, before scheduling an interview at a U.S. embassy or consulate in the immigrant spouse’s home country.
Step 3: Biometrics Appointment
Regardless of which path you’re on, the immigrant spouse will need to attend a biometrics appointment. At this appointment, USCIS will collect fingerprints, a photograph, and a digital signature. This information is used to conduct necessary background and security checks.
Step 4: The Green Card Interview
The final and one of the most critical steps is the interview. Both spouses are generally required to attend an interview with a USCIS officer (for Adjustment of Status) or a consular officer (for Consular Processing). The purpose of this interview is to verify the information in your applications and confirm that the marriage is genuine and was not entered into solely for immigration benefits. Having an experienced attorney present can provide valuable support and guidance during this stage.
Step 5: Approval and Receiving Your Green Card
If your application is approved, the immigrant spouse will be granted lawful permanent resident status. If your marriage is less than two years old at the time of approval, you will receive a conditional green card valid for two years. You must then file Form I-751, Petition to Remove Conditions on Residence, within 90 days before the conditional card’s expiration. If your marriage is over two years old, you will receive a 10-year green card.
Common Reason for Denial
The U.S. Citizenship and Immigration Services office receives thousands of marriage-based Green Card applications every year, and unfortunately, not all of these are approved. Understanding the common reasons for denial can help you be proactive and give you a chance to talk to your attorney about any potential issues with your application. Common reasons for Green Card denials include:
- The reviewer believes the marriage is not genuine. This could relate to the marriage validity itself if there is not enough documentation for the legal marriage, but it can also include if the interviewer believed that the marriage was only for immigration purposes.
- You have previous immigration violations. Overstaying a visa or not following other immigration rules can cause your application for a Green Card to be denied.
- You have a disqualifying criminal history. If you have convictions of certain crimes, you may not be admissible to the United States.
- There were errors in the application. It’s common for boxes to be left unchecked or for issues with signatures or documentation to occur. If this happens, your application could be denied on the grounds that it wasn’t complete and accurate.
If you receive a denial notice, you have the opportunity to file an appeal. An immigration attorney can ensure you understand why your application was denied and help you develop the best appeal strategy possible. If you are not eligible for a Green Card, a green card application attorney may also be able to help you stay in the United States through another option, such as a visa.
Aaron G. Christensen, Attorney at Law, PLLC, is here to help you understand the process of applying for a marriage-based Green Card and provide legal assistance every step of the way. Call 832-669-9922 or reach out to us online to schedule a consultation today.
