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Marriage to a U.S. Citizen is one of the fastest way to getting a Green card.  Are you planning to marry to a U.S. Citizen and settling permanently as a couple in the U.S.? If yes, it is about time you learn about the marriage-based green card process in depth. 

What is a Marriage-Based Green Card?

A marriage-based green card lets the spouse of a U.S. citizen live and work in the United States. Persons with a marriage-based green card in the USA are eligible to apply for US citizenship after spending three years in the U.S. 

Marriage-Based Green Card for spouse residing within the U.S. 

The marriage-based green card process is a Two-step procedure. At Law Office of Afsha Rangwala we provide competent assistance to those intending to apply for a green card based on their marriage to a U.S. citizen. 

Step 1: Filing Forms with USCIS/ NVC 

Marriage-Based Green Card for spouse residing within the U.S. 

Filling and submitting Form I-130 concurrently with Form I-485, Form I-765, Form I-131 along with Form I-864/I-864A  marks the initiation of getting a green card through marriage to the US Citizen. As a spouse of U.S. Citizen, the applicant is eligible to apply for adjustment of status along with the petition for Alien Relative. These form must contain supporting documents to establish that a valid marriage exists.  

The supporting documents, along with government filing fees, must contain the following :  

• Proof of Petitioner’s U.S. Citizenship;
• Proof that a legally valid marriage exists;
• Proof that the marriage is not fraudulent;
• Proof that any previous marriage of either spouse has been terminated;
• Proof that the Petitioner/Sponsor will be able to financially support the applicant;
• A medical examination done by a USCIS-approved doctor.

Marriage-Based Green Card for spouse residing outside the U.S.

The process for a green card runs a little different for spouses living abroad. To initiate this process, one must file Form I-130 with USCIS and once approved, an application package must be filed with the National Visa Center. The NVC collects the requisite forms and documents to decide whether the spouse is ready for an interview at the U.S. embassy or consulate abroad, known as consular processing. The applicant would require the following along with government filing fees for NVC procedure –  

• Form DS-260 (virtual application for a green card).
• Nationality proof of the spouse seeking a green card, i.e., a copy of the passport photo page and birth certificate.
• Copy of a police clearance certificate for the applicant (for showing previous interactions with law enforcement, if any)
• Proof of sponsor’s financial ability to support the beneficiary (with Form I-864, tax returns papers, and pay stubs).

When the application is processed, the NVC forwards it to a U.S. embassy or consulate seeking a green card in the spouse’s home country. 

Step 2: Green Card Interview and Approval 

The interview is the last stage of the marriage-based green card process. The officer in charge focuses mainly on assessing the legitimacy of the marriage. The questions may be based on the couple’s relationship history, daily activities, and further plans together. Once the interviewer is satisfied that the marriage is not fraudulent, they will approve the green card. 

The location of the interview and the presence of the sponsoring spouse depend on the current location of the spouse seeking a green card. 

How long do you have to be married to get a permanent green card? 

USCIS issues a conditional marriage based Green Card to the applicants who have been married for less than two years at the time of the interview. They may apply for a permanent Marriage Green Card after completing two years and waiving conditions. Usually, the renewal of this green card is a simple process.