MARRIAGE-BASED GREEN CARD

Marriage-Based Green Card

A marriage-based green card allows the spouse of a U.S. citizen or lawful permanent resident (green card holder) to live and work in the United States as a permanent resident. 

Why Apply for a Marriage-Based Green Card?

• Stability: No more jumping through hoops to maintain lawful immigration status.
• Freedom: You can work without restrictions and travel freely.
• Opportunity: Begin your journey toward U.S. citizenship.

A marriage-based green card offers you the chance to plant roots, focus on building your life together, and enjoy the benefits of permanent residency.

Two Main Pathways to a Marriage-Based Green Card

1. Adjustment of Status (AOS)
   • For spouses already living in the U.S. under a valid visa.
   • Allows you to adjust your status to permanent resident without leaving the country.
2. Consular Processing
   • For spouses living outside the U.S.
   • The application is processed through a U.S. embassy or consulate in your home country.
   • Once approved, you can travel to the U.S. as a permanent resident.

How Long Does the Process Take?

• Adjustment of Status (AOS): Typically takes 9–12 months.
• Consular Processing: Often takes longer due to embassy backlogs.

Note: You don’t need to wait a specific period after marriage to apply. USCIS is more concerned with proving the authenticity of your marriage.

Required Forms and Supporting Documents

Key Forms

• Form I-130: Establishes the relationship and the legitimacy of the marriage.
• Form I-485: For spouses in the U.S. to adjust status to permanent resident.
• Form DS-260: For spouses applying from outside the U.S.
• Form I-864: Affidavit of Support, proving financial capability to support the applicant.
• Form I-765: For work authorization while the green card application is pending.

Supporting Documents

• Proof of a bona fide marriage (e.g., photos, joint bank accounts, lease agreements).
• Marriage certificate and prior divorce decrees (if applicable).
• Passport-sized photos.
• Evidence of lawful entry into the U.S. (for AOS applicants).
• Spouse’s or joint sponsor’s financial documents (e.g., tax returns, pay stubs).

Can You Work While Your Green Card Application Is Pending?

Yes! By filing Form I-765 with your application, you can get a work permit within 5–7 months. This allows you to earn income even before your green card is approved.

Financial Sponsorship: What You Need to Know

• Sponsorship Requirement: Your U.S. citizen or green card holder spouse must submit Form I-864 to prove they can support you financially.
• Income Threshold: Must meet 125% of the federal poverty level for the household size.
• Joint Sponsors: If your spouse doesn’t meet the income requirements, a joint sponsor can help.

What Happens After Submitting the Application?

1. Application Review: USCIS examines the forms and supporting documents.
2. Request for Evidence (RFE): If anything is missing, USCIS will send a notice asking for additional documents.
3. Interview:
   • Purpose: To confirm the authenticity of the marriage.
   • Common Questions: How you met, daily routines, and wedding details.
   • Tips: Be honest and consistent. Strong evidence upfront can sometimes waive the need for an interview.

What About the Stokes Interview?

If USCIS suspects fraud, they may require a Stokes interview, where each spouse is interviewed separately. Questions may cover:

• Daily routines and personal details.
• Key events in your relationship.

The goal is to prove the marriage is genuine, so preparation and honesty are essential.

Path to Citizenship

• 3-Year Rule: If you obtain a green card through marriage to a U.S. citizen, you can apply for citizenship after three years.
  • Must live in the U.S. for at least 18 months during this period.
  • Must still be living with your U.S. citizen spouse.

Costs Involved

• Filing Fees: Vary based on application type (AOS or consular processing).

Medical Examination Fees: Not included in USCIS fees