Marriage Green Cards
When a U.S. citizen or green card holder gets married to a foreign national, their spouse becomes eligible for a marriage green card.
At first, the marriage green card comes with conditions, so when you hire an attorney to help you with a marriage green card, you may need their help later when you petition U.S. Citizenship and Immigration Services (USCIS) to remove conditions on the marriage green card. A lawyer experienced in family-based immigration is your strongest advocate.
Our attorneys can provide you with expert advice on your marriage green card, but we know many of our clients like to understand these complex immigration concepts before consulting with an attorney. This guide to obtaining a marriage green card explains everything you need to know to feel prepared when you consult with your immigration attorney.
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The Basics of Marriage Green Cards
The first step to obtaining a marriage green card is having an approved immigrant visa.
If you are a U.S. citizen or green card holder, you are allowed to petition USCIS for your spouse’s immigrant visa.
As the petitioner, you are considered your spouse’s sponsor.
To apply for the immigrant visa so that your spouse can apply for a marriage green card, you must do the following:
- File Form I-130, Petition for Alien Relative
- File an Affidavit of Support
- Prove that your marriage in bona fide
- Pay the filing fee
- Attend an interview with an immigration official
At some point your spouse will need to file Form I-693, Report of Immigration Medical Examination and Vaccination Record which is filled out by an approved USCIS civil surgeon. Your attorney even suggest that your spouse gets their medical exam early in the process to expedite the approval of your spouse’s marriage green card.
Your spouse must then apply for their actual green card once the visa petition is approved. They can apply for a marriage green card either through consular processing or an adjustment of status.
Tips for Filing Form I-130 for a Marriage Immigrant Visa
Your immigration attorney will file Form I-130, all supplemental forms, and all supporting documentation.
You can prepare by locating the following:
- Your marriage certificate
- Your birth certificate, naturalization certificate, or green card
- Valid passports
- Evidence that your marriage in bona fide
- Divorce decrees, annulment documents, or death certificate of any former spouses
Your immigration attorney will ensure that you have all the evidence that you need. It’s important to be upfront with your attorney about your spouse’s history, so they can file a waiver of inadmissibility if needed.
The Marriage Green Card Process When Living In the U.S.
After you receive approval on your immigrant visa petition, your spouse can apply for their marriage green card. If they are living in the United States, they will apply using Form I-485 to adjust their status to lawful permanent resident.
If you are a U.S. citizen, your attorney may file your spouse’s Form I-485 concurrently with your visa petition to save time. If you are a green card holder, your attorney will file your spouse’s I-485 after USCIS approves your visa petition.
The Marriage Green Card Process When Living Abroad
When the foreign national spouse isn’t already living in the United States, they must apply for a green card through consular processing. Instead of filing Form I-485, to apply for the actual green card, your spouse will use a Department of State application for a marriage green card. That form is Form DS-260. Don’t worry though, your immigration attorney can help your spouse file this form and help you both understand consular processing.
It’s important to keep in mind that the medical exam must happen abroad if your spouse currently lives abroad. If your spouse is waiting on the visa approval from outside the U.S., they must get their exam from a panel physician approved by the U.S. embassy or consulate that will issue the immigrant visa.
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The Marriage Green Card Timeline
Depending on your case, your spouse could have their marriage green card in several months or within a few years.
Unfortunately, the marriage green card timeline varies substantially depending on circumstances including the backlog at the visa issuing agency.
Individual circumstances that may affect your spouse’s marriage green card timeline though include:
- Whether you are a U.S. citizen or green card holder.
- Whether your spouse lives abroad or in the United States.
Spouses of U.S. citizens are eligible for an “Immediate Relative” visa, but spouses of green card holders are eligible only for a “Family Preference” visa.
Immediate Relative visas are not limited annually. Meanwhile, there is a cap on the number of Family Preference visas that are available every year.
If you are a U.S. citizen, your spouse’s marriage green card timeline may span only several months with concurrent filing. If you are a green card holder, your spouse’s marriage green card timeline could extend years. The marriage green card timeline can be even longer if they are living abroad.
Tips for Proving a Bona Fide Marriage for a Marriage Green Card
To get a marriage green card, you will need more than a marriage certificate. Immigration officials are acutely aware that “green card marriages” are a way some people try to circumvent immigration law. That is fraud, and they are always looking for signs that your marriage is not authentic. Your attorney will help you prove that your marriage is bona fide by asking you to gather evidence to submit with your petition.
Evidence your attorney will want to include with your petition may include:
- Shared bank account statements
- Your life insurance policy showing your spouse’s name as the beneficiary
- Joint car insurance policies
- Your lease document with both of your names
- Your mortgage document or mortgage bill with both of your names
- Your driver’s licenses showing that you live at the same address.
- Photos from your wedding
- Photos of you together at family events
- Photos of you together on vacation
- Sworn affidavits from your family members, coworkers, and friends
- Airline or train tickets from shared vacations
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The Marriage Green Card Interview
Most couples will experience the marriage green card interview. Very rarely, when ample evidence is submitted, your interview may be waived by immigration officials. Your attorney will prepare you, so you aren’t overwhelmed.
If your immigration official isn’t convinced that you have a bona fide marriage, you could need a secondary interview known as a “Stokes Interview.”
You will be interviewed jointly and then separately to answer questions only a spouse would know such as:
- Can you describe your spouse’s bedtime routine?
- What cell phone provider does your spouse have?
- Where do you keep your coffee cups?
- How frequently do you go out to eat in public?
- What movies have you watched together?
Avoiding Marriage Green Card Mistakes
To avoid mistakes that can delay your spouse’s marriage green card, please make sure you work with an immigration attorney that has proven experience with family-based immigrant visa petitions including marriage green card applications.
Jorge Munoz Law Firm has extensive experience with the marriage green card process, so contact us today for a free consultation.
