At Relief Law PLLC, we specialize in navigating the complex process of obtaining a Marriage Green Card. Whether you’re married to a U.S. citizen or a green card holder, our experienced team provides expert guidance and support tailored to your unique situation.
What is a Marriage Green Card?
A Marriage Green Card allows the spouse of a U.S. citizen or lawful permanent resident to live and work in the United States as a lawful permanent resident. It provides a pathway to permanent residency and, eventually, U.S. citizenship.
Marriage to a U.S. Citizen vs. Marriage to a Green Card Holder
1. Marriage to a U.S. Citizen
- Immediate relative status: No limit on the number of green cards issued to immediate relatives each year.
- Concurrent filing: You can file Form I-130 (Petition for Alien Relative) and Form I-485 (Adjustment of Status) simultaneously if you are in the U.S.
- Processing time: Typically takes 10-12 months.
2. Marriage to a Green Card Holder
- Family Preference Category (F2A): Limited number of green cards issued annually, subject to visa availability as per the Visa Bulletin.
- No concurrent filing: Spouses of green card holders cannot file Form I-130 and Form I-485 together unless a visa number is available.
- Processing time: Generally takes 24-36 months, depending on visa availability and the country of origin.
Steps to Get a Green Card Through Marriage
- File Form I-130 (Petition for Alien Relative)
- The U.S. citizen or green card holder spouse must file Form I-130 with USCIS to establish the marital relationship.
- Submit documents such as your marriage certificate, proof of citizenship or green card status, and evidence that your marriage is genuine (photos, joint bank accounts, etc.).
- Concurrent Filing (For U.S. Citizens Only)
- If you’re married to a U.S. citizen and applying for your green card while in the U.S., you can submit Form I-130 and Form I-485 (Adjustment of Status) at the same time.
- Spouses of green card holders must wait until the I-130 is approved and a visa number becomes available before filing Form I-485.
- Visa Bulletin for Spouses of Green Card Holders
- The Visa Bulletin is issued monthly by the U.S. Department of State and indicates which family-based preference categories have visa numbers available.
- Once the priority date (the date your Form I-130 was filed) becomes “current” in the Visa Bulletin, you can file Form I-485. If you’re outside the U.S., proceed with Consular Processing.
- Biometric Appointment
- Attend a biometric appointment where fingerprints, photos, and a signature will be collected for background checks.
- The Green Card Interview
- Attend an interview with your spouse, where a USCIS officer will ask questions to confirm the legitimacy of the marriage. Bring evidence like joint finances, lease agreements, and photos.
- Receive Your Green Card
- Spouses of U.S. citizens: Receive a 2-year conditional green card if the marriage is less than 2 years old or a 10-year green card if the marriage is over 2 years old.
- Spouses of green card holders: Receive your green card after the interview and once the visa number is available.
Visa Bulletin Overview for Spouses of Green Card Holders
- Understanding the Visa Bulletin: The Visa Bulletin shows the priority dates eligible for green card processing each month.
- Priority Date and Wait Times: The wait time for a visa number depends on the country of origin, with higher demand countries often facing longer wait times.
Documents Required for the Marriage Green Card Process
- Marriage certificate
- Proof of U.S. citizenship or green card status (passport, birth certificate, or green card)
- Proof of a bona fide marriage (photos, joint bank accounts, lease agreements)
- Divorce decrees, if applicable
- Form I-130 and Form I-485 filing fees
Processing Times for Marriage Green Cards
- Spouse of a U.S. citizen (within the U.S.): 10-12 months.
- Spouse of a green card holder (within the U.S.): 24-36 months, depending on the Visa Bulletin.
- Spouse of a U.S. citizen (outside the U.S.): 12-18 months.
- Spouse of a green card holder (outside the U.S.): 24-36 months, depending on visa availability.
Marriage Green Card Interview Questions
During the interview, expect questions about:
- How you met your spouse
- The timeline of your relationship
- Your shared living arrangements
- How you celebrate special occasions or holidays
Common Mistakes to Avoid
- Insufficient evidence: Lack of proof of a bona fide marriage can lead to delays or denials.
- Inaccurate forms: Ensure all forms are completed correctly with the proper supporting documents.
- Failure to track the Visa Bulletin: For spouses of green card holders, staying up-to-date on the Visa Bulletin is essential to avoid delays.
Begin Your Marriage Green Card Process with Relief Law PLLC
Navigating the Marriage Green Card process can be complex, but Relief Law PLLC is here to help. We specialize in assisting couples at every step, from filing petitions to preparing for interviews.
Contact Relief Law PLLC today to start your journey toward permanent residency in the U.S. with expert guidance and personalized support!