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Read MoreYasin Bilgehan Akalan
Attorney at Law
Immigration Law Expert – Akalan Law Firm
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.
To apply for a Green Card through marriage, several key criteria must be met:
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:
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:
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?
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:
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.
Many applications are delayed or denied because of simple but costly mistakes. Here are a few things to watch out for:
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.
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:
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.
Does this article interest you? HOW IS THE GREEN CARD ISSUED TO BORDER CROSSERS?
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.
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.
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.
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.
Bring your passport, marriage certificate, photos together, joint financial documents, and copies of all previously submitted forms and evidence. Both spouses should attend.
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.
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.
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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