Marriage Green Card Application: A Step-by-Step Checklist

A marriage green card, officially known as a “Marriage-Based Permanent Resident Card” or “Form I-551,” is a legal document that allows a foreign national to live and work in the United States as a permanent resident (green card holder) based on their marriage to a U.S. citizen or a lawful permanent resident (green card holder). This type of green card is issued to foreign spouses of U.S. citizens or lawful permanent residents who meet the eligibility criteria and go through the application process.

Here are the key steps involved in obtaining a marriage green card:

Eligibility: The foreign spouse must be legally married to a U.S. citizen or green card holder. Additionally, the marriage must be considered valid under U.S. immigration law, meaning it is based on a genuine, bona fide marital relationship and not solely for immigration purposes.

Petition: The U.S. citizen or green card holder spouse must file a petition on behalf of their foreign spouse. If the U.S. citizen spouse is sponsoring, they can file Form I-130 (Petition for Alien Relative). If the sponsoring spouse is a green card holder, they can file Form I-130 as well, but there may be a waiting period for visa availability due to annual quotas.

Adjustment of Status or Consular Processing: The foreign spouse can choose between two main processes to apply for a marriage green card:

Adjustment of Status (Form I-485): If the foreign spouse is already in the United States, they can file Form I-485 to adjust their status from a nonimmigrant status to that of a lawful permanent resident. This process involves an interview with U.S. Citizenship and Immigration Services (USCIS).

Consular Processing: If the foreign spouse is outside the United States or chooses to go through this process, they will attend an immigrant visa interview at a U.S. consulate or embassy in their home country.

Biometrics and Interviews: Both processes typically involve biometric (fingerprint) appointments and an interview with USCIS or a consular officer to determine the validity of the marriage and assess the foreign spouse’s eligibility for a green card.

Conditional Green Card (if applicable): If the marriage is less than two years old at the time of obtaining the green card, the foreign spouse will receive a conditional green card, which is valid for two years. To remove the conditions and obtain a permanent (10-year) green card, the couple must jointly file Form I-751 (Petition to Remove Conditions on Residence) before the conditional green card expires.

How to apply for a marriage green card?

Applying for a marriage green card involves several steps, and the specific process may vary depending on whether the sponsoring spouse is a U.S. citizen or a lawful permanent resident (green card holder), as well as whether the foreign spouse is currently in the United States or abroad. Here is a general overview of the process for applying for a marriage green card:

If the Sponsoring Spouse is a U.S. Citizen:

File Form I-130 (Petition for Alien Relative): The U.S. citizen spouse initiates the process by filing Form I-130 on behalf of the foreign spouse with U.S. Citizenship and Immigration Services (USCIS). This form establishes the qualifying relationship.
Receive Form I-797 Notice of Action: After submitting Form I-130, the sponsoring spouse will receive a Form I-797, Notice of Action, as acknowledgment of receipt. This form will include a receipt number that can be used to check the status of the petition online.
File Form I-485 (Application to Adjust Status): If the foreign spouse is already in the United States, they can file Form I-485 to adjust their status from a nonimmigrant status to that of a lawful permanent resident. This is the primary application for the green card.
Biometrics Appointment: USCIS will schedule a biometrics (fingerprinting) appointment for the foreign spouse.
Attend Marriage Green Card Interview: USCIS may schedule an interview for both spouses to assess the validity of the marriage and the foreign spouse’s eligibility for a green card. Be prepared to provide supporting documentation and answer questions about your relationship.
Receive Conditional Green Card (if applicable): If the marriage is less than two years old at the time of obtaining the green card, the foreign spouse will receive a conditional green card, valid for two years.
File Form I-751 (Petition to Remove Conditions on Residence): If the foreign spouse received a conditional green card, they must jointly file Form I-751 with their U.S. citizen spouse in the 90-day period before the conditional green card expires. This is to remove the conditions and obtain a permanent (10-year) green card.

If the Sponsoring Spouse is a Green Card Holder (Lawful Permanent Resident):

The process is largely similar, but there may be waiting periods due to annual quotas for family-sponsored green cards:

File Form I-130: The green card holder spouse files Form I-130 on behalf of the foreign spouse.
Receive Form I-797 Notice of Action: After filing Form I-130, the sponsoring spouse will receive a Form I-797 as acknowledgment.
Wait for Visa Bulletin: Because green card holders have annual quotas for family-sponsored visas, the foreign spouse may need to wait for a visa number to become available according to the Visa Bulletin published by the U.S. Department of State.
Attend Consular Processing Interview: Once a visa number becomes available, the foreign spouse attends an immigrant visa interview at a U.S. consulate or embassy in their home country.
Receive Immigrant Visa and Travel to the U.S.: If the visa is approved, the foreign spouse will receive an immigrant visa to enter the U.S. as a lawful permanent resident.
Pay the USCIS Immigrant Fee: Before traveling to the U.S., the foreign spouse must pay the USCIS immigrant fee online.
Enter the U.S. and Receive Green Card: Upon arrival in the U.S., the immigrant visa holder is inspected at a port of entry and will receive their green card by mail shortly after entering.