Applying for a marriage-based green card is an important step for couples wanting to build a life together in the United States. While it may seem straightforward, the process involves many legal details and requirements that can be overwhelming. Understanding these steps clearly is essential to avoid costly delays or denials.
At The Chidolue Law Firm, we recognize that this journey can be emotional and complex. This guide provides you with an overview of the marriage-based green card process, what USCIS expects, and why professional legal assistance is critical for a successful application.
If you or your spouse is considering this path, it’s important to approach it with care and the right support to protect your future together.
What Is a Marriage-Based Green Card?
A marriage-based green card allows a foreign spouse of a U.S. citizen or lawful permanent resident (LPR) to become a permanent resident of the United States. This status grants the right to live and work in the U.S. indefinitely and can be a path to U.S. citizenship.
There are two main categories depending on the petitioner’s status:
U.S. Citizen Spouse: The foreign spouse of a U.S. citizen can apply and often receives priority processing.
Lawful Permanent Resident Spouse: The foreign spouse of a green card holder may also apply, but usually faces longer wait times due to visa availability.
Obtaining a marriage-based green card is one of the most common ways for couples to live together legally in the U.S., but it requires careful attention to eligibility requirements and documentation.
Eligibility Criteria for Applicants and Petitioners
To qualify for a marriage-based green card, both the applicant (the foreign spouse) and the petitioner (the U.S. citizen or lawful permanent resident spouse) must meet certain eligibility requirements.
For the Applicant:
- Must be legally married to the petitioner. Common-law or informal partnerships do not qualify.
- Must be admissible to the United States, meaning no disqualifying criminal history or immigration violations.
- Should have entered the marriage in good faith, not solely for immigration benefits.
- Must be able to undergo required medical exams and security background checks.
For the Petitioner:
- Must be either a U.S. citizen or a lawful permanent resident (green card holder).
- Must demonstrate the ability to financially support the applicant at 125% above the federal poverty guidelines through the Affidavit of Support.
- Cannot have been convicted of certain crimes, such as child abuse or neglect.
Meeting these criteria is essential to move forward successfully with the application process.
Overview of the Marriage-Based Green Card Process
The marriage-based green card application involves several key steps that must be completed carefully to ensure a smooth process:
Filing Form I-130 (Petition for Alien Relative):
The U.S. citizen or lawful permanent resident spouse files this form with USCIS to establish the marital relationship and start the immigration process.
Filing Form I-485 (Application to Register Permanent Residence or Adjust Status):
If the applicant is already in the U.S., this form allows them to apply to adjust their status to permanent resident without leaving the country. If they are outside the U.S., they will go through consular processing at a U.S. embassy or consulate abroad.
Supporting Forms and Documents:
Additional forms such as Form I-864 (Affidavit of Support) must be submitted to prove the petitioner can financially support the applicant. Medical examinations and biometrics appointments are also part of the process.
USCIS Interview:
Both spouses typically attend an interview with a USCIS officer to verify the legitimacy of the marriage and the information submitted.
Decision and Green Card Issuance:
If approved, the applicant receives their green card. If the marriage is less than two years old, a conditional green card is issued and must be followed by a petition to remove conditions.
Processing Times:
The timeline can vary widely depending on the petitioner’s status and USCIS workload, often ranging from 10 months to over two years.
Because of the complexities and potential pitfalls at every stage, professional legal guidance is invaluable for ensuring the process goes as smoothly as possible.
Overview of the Marriage-Based Green Card Process
Applying for a marriage-based green card involves several important steps. Knowing what to expect can help you prepare and avoid delays:
Petition Submission (Form I-130):
The U.S. citizen or green card holder spouse files this form to prove the marriage relationship to USCIS and start the process.
Applying for Permanent Residency (Form I-485 or Consular Processing):
- If the foreign spouse is already in the U.S., they can apply to adjust their status to permanent resident using Form I-485.
- If they live outside the U.S., they must apply through a U.S. consulate or embassy in their home country.
Supporting Documents and Requirements:
Along with the forms, you’ll need to submit proof of financial support (Form I-864), complete a medical exam, and attend biometrics (fingerprinting) appointments.
USCIS Interview:
Both spouses usually attend an interview where an officer asks questions to confirm that your marriage is real and all information is accurate.
Final Decision and Green Card Issuance:
If everything goes well, USCIS approves the application and issues the green card. If you have been married less than two years, you receive a conditional green card that requires a follow-up to remove conditions after two years.
How Long Does It Take?
The process can take from about 10 months up to two years or more, depending on your specific case and USCIS processing times.
Because there are many steps and paperwork involved, working with an experienced attorney can help you avoid mistakes and move through the process with confidence.
Proving a Bona Fide Marriage: What USCIS Looks For
USCIS requires that your marriage is genuine and not entered into just to get a green card. This is called proving a “bona fide” marriage.
To do this, you need to show evidence that you and your spouse share a real life together. USCIS looks for proof such as:
- Joint financial records like bank statements, tax returns, or insurance policies listing both spouses
- Lease or mortgage documents showing you live together
- Photos of you and your spouse at events, holidays, or with family and friends
- Correspondence like emails, texts, or letters between you and your spouse
- Affidavits or statements from family and friends who know your relationship
USCIS may also look for consistency in your stories during interviews and review any signs of fraud.
Being honest and providing as much documentation as possible helps USCIS understand your true relationship and avoid delays or denials.
Common Challenges and Pitfalls in the Application Process
Applying for a marriage-based green card can be complex, and many applicants face obstacles that slow down or even stop their case. Some of the most common challenges include:
Insufficient Evidence of a Genuine Marriage: Not providing enough proof can make USCIS suspect the marriage is for immigration purposes only.
Incomplete or Incorrect Forms: Errors or missing information on applications may cause delays or denials.
Financial Sponsorship Issues: The petitioner must prove they can financially support the spouse. Failing this can hurt the application.
Criminal or Immigration Violations: Past criminal records or immigration problems may affect eligibility.
Delays Due to Requests for Evidence (RFEs): USCIS may ask for more documents. If these are not provided quickly and accurately, your case can stall.
Failure to Attend Interviews: Missing your USCIS interview without rescheduling can result in denial.
Travel Complications: Traveling outside the U.S. during the process without proper authorization can affect your status.
Because these issues can be complicated and have serious consequences, having an experienced immigration attorney can make a big difference in handling and preventing these pitfalls.
Understanding the USCIS Interview: What to Expect
One of the most important steps in the marriage-based green card process is the interview with a USCIS officer. This interview helps confirm that your marriage is real and that the information in your application is accurate.
What Happens During the Interview?
- Both spouses usually attend the interview together.
- The officer will ask questions about your relationship, such as how you met, your daily routines, and details about your wedding or living situation.
- They may also ask about your families, future plans, and any joint financial or personal commitments.
How to Prepare:
- Review your application and supporting documents carefully beforehand.
- Be honest and consistent in your answers.
- Know that it’s normal to be nervous, but staying calm helps.
- An attorney can prepare you for likely questions and attend the interview with you to provide support.
This interview is a key moment in the process. Proper preparation can help you feel confident and increase your chances of approval.
Conclusion
The marriage-based green card process is a crucial step toward uniting families and building a stable future together in the United States. However, the legal requirements and detailed documentation needed make it a complex journey that demands careful preparation. Without expert guidance, your application may face delays or even denial.
At The Chidolue Law Firm, we specialize in helping couples navigate the marriage-based green card process with confidence and clarity. From preparing your petition to supporting you through interviews and potential challenges, we’re dedicated to guiding you every step of the way. If you’re ready to move forward with your immigration journey, contact us today for a consultation.
📞 Call us at 407-995-6567
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We are here to help you every step of the way.
FAQs
Q: How long does the marriage-based green card process usually take?
A: Processing times vary but typically range from about 10 months to over two years, depending on your case and USCIS workload.
Q: Can I work in the U.S. while my green card application is pending?
A: In some cases, applicants can apply for work authorization, but this depends on your status and timing. It’s best to consult an attorney to understand your options.
Q: What happens if my marriage ends before I receive my green card?
A: Divorce during the process can complicate your application. Some petitions may no longer qualify if the marriage is not intact, but there are exceptions. Legal advice is crucial in these situations.
Q: Am I allowed to travel outside the U.S. while my application is pending?
A: Travel can be restricted during certain stages of the application. Traveling without proper authorization could jeopardize your status. It’s important to get legal guidance before making travel plans.
Q: What can I do if my marriage-based green card application is denied?
A: If your application is denied, you may have options to appeal or reapply, depending on the reason. An experienced immigration attorney can help you understand your best course of action.
