MARRIAGE TO A U.S. CITIZEN: HOW TO APPLY FOR A GREEN CARD


MARRIAGE TO A U.S. CITIZEN: HOW TO APPLY FOR A GREEN CARD

Yasin Bilgehan Akalan
Attorney at Law
Immigration Law Expert – Akalan Law Firm

Newlywed couple walking arm in arm, with the bride holding a flower bouquet—symbolizing love and a new immigration journey.

Introduction

Introduction

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:

  1. 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.
  2. 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.
  3. 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. 

Timeline: How Long Will It Take?

Timeline: How Long Will It Take?

The time it takes to receive a marriage-based Green Card depends on the circumstances and current processing volumes at USCIS or the consulate. In general:

  • Applicants in the U.S.: 10 to 16 months
  • Applicants outside the U.S.: 12 to 20 months

Delays can occur due to missing documents, background checks, or backlogs, so it’s crucial to monitor your case and respond promptly to any USCIS requests.

Pitfalls to Avoid

Many applications are delayed or denied because of simple but costly mistakes. Here are a few things to watch out for:

  • Incomplete or Incorrect Forms: Double-check every section of every form. A missing signature or outdated version can halt your progress.
  • Insufficient Evidence of Marriage: Generic or minimal documentation is a red flag. Be thorough in providing records that illustrate your shared life.
  • Missed Deadlines or Poor Communication: Failure to respond to Requests for Evidence (RFEs) or missing appointments can significantly delay or jeopardize your case.

 

After Receiving the Green Card

For most applicants, the first Green Card granted through marriage is conditional and valid for two years. This conditional status is intended to ensure the marriage is genuine and ongoing.

To transition to full permanent residency, couples must jointly file Form I-751 (Petition to Remove Conditions on Residence) during the 90 days before the card expires. Failing to do so may result in loss of status and even removal proceedings.

Once you’ve held a Green Card for at least three years and have remained married to and living with your U.S. citizen spouse during that time, you may be eligible to apply for U.S. citizenship through naturalization.

Final Tips for a Successful Application

Applying for a Green Card through marriage can be a detailed and emotionally taxing process, but with organization and honesty, it is entirely achievable. Here are some final recommendations:

    • Stay Organized: Use checklists and timelines to keep track of forms and deadlines.
    • Be Truthful: Falsified information or misrepresentations can result in denial and even a permanent ban.
    • Prepare for the Interview: Review your shared history, daily routines, and plans for the future to confidently respond to interview questions.
    • Consult a Professional if Needed: If you’re unsure about any step, immigration attorneys or accredited representatives can provide essential guidance.

Newlywed Couple in a Countryside Moment of Joy
Conclusion

Conclusion

Obtaining a Green Card through marriage to a U.S. citizen is one of the most direct paths to permanent residency in the United States. However, it demands accurate documentation, a sincere relationship, and careful attention to legal procedures. By understanding the requirements, assembling the correct documents, and following the process step by step, couples can confidently navigate the system and begin their journey together in the U.S.

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FREQUENTLY ASKED QUESTIONS (FAQs)

FREQUENTLY ASKED QUESTIONS (FAQs)

What is a marriage-based Green Card?

A marriage-based Green Card allows the foreign spouse of a U.S. citizen or lawful permanent resident to live and work permanently in the United States.

How long does it take for a marriage-based Green Card?

The process typically takes 10 to 16 months if applying from within the U.S., and 12 to 20 months if applying from abroad, depending on case complexity and USCIS processing times.

How to apply for a marriage-based Green Card?

You must file Form I-130 and Form I-485 (if inside the U.S.) or Form DS-260 (if abroad), along with supporting documents that prove your marriage is genuine.

What forms to file for a marriage-based Green Card?

Generally, you will need Form I-130, Form I-485 (or DS-260 for consular processing), and Form I-864 (Affidavit of Support), plus supporting evidence of your relationship.

What to bring to a marriage-based Green Card interview?

Bring your passport, marriage certificate, photos together, joint financial documents, and copies of all previously submitted forms and evidence. Both spouses should attend.

Will Trump stop marriage-based Green Cards?

There is currently no policy halting marriage-based Green Cards. However, immigration policies can change with administrations, so it’s best to stay informed and consult legal experts.

Can you expedite a marriage-based Green Card?

Expedited processing is rare but possible in urgent situations, such as medical emergencies or humanitarian reasons. You must provide strong evidence for USCIS to consider the request.

Can other family members sponsor a marriage-based Green Card?

No, only the U.S. citizen or permanent resident spouse can sponsor a marriage-based Green Card. Other family members must use different family-based immigration categories.

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