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 U.S. as a permanent resident. In other words, you can finally stay in the U.S. without worrying about not being in lawful immigration status, work restrictions, or the looming expiration of your stay. And if you’re dreaming of becoming a U.S. citizen, you’re already on the right track—after three or five years of holding your green card, you can apply for citizenship.
But why apply? Well, it’s about stability, freedom, and opportunity. No more jumping through hoops to stay with your spouse in the U.S. You get to plant your roots, focus on building your life, and enjoy the benefits of permanent residency. Sounds good, right?
What Are the Two Pathways to Get a Marriage Green Card?
There are two main ways to get a marriage-based green card, and it depends on where your spouse (the applicant) is living:
- Adjustment of Status (AOS): This is for spouses already living in the U.S. under a valid visa. With AOS, you can adjust your immigration status from a temporary visa holder to a green card holder without leaving the country.
- Consular Processing: If your spouse is living outside the U.S., this is the process you’ll use. The application will be processed through the U.S. embassy or consulate in your spouse’s home country, and once approved, your spouse can travel to the U.S. with their green card.
When Should You Apply, and How Long Does It Take?
You should apply for a marriage-based green card as soon as possible after your marriage is official. It’s important to get the ball rolling early because this process can take some time—typically 9-12 months depending on whether you’re applying from within the U.S. (Adjustment of Status) or abroad (Consular Processing). If you’re applying from abroad, it might take a bit longer due to embassy backlogs.
And here’s a quick note: You do not need to wait a certain number of days after marriage before applying. What USCIS cares about most is proving that your marriage is real.
What Documents Do You Need for A Marriage Green Card? (Forms & Supporting Docs)
Now, let’s talk paperwork. For a marriage-based green card, you’ll need to file a few forms to kickstart the process. Here’s are some of the forms you may file:
- Form I-130 (Petition for Alien Relative): This establishes that the marriage is genuine.
- Form I-485 (Application to Adjust Status): This is for spouses in the U.S. to adjust their status to permanent resident.
- Form DS-260 (Immigrant Visa Application): For spouses living outside the U.S.
- Form I-864 (Affidavit of Support): This shows that the sponsoring spouse can financially support the applicant.
- Form I-765 (Application for Employment Authorization): If you want to start working while waiting for your green card approval (yes, you can file this together with the other forms).
Supporting Documents You’ll Need:
Below are some of the supporting documents you may submit:
- Proof of a bona fide marriage (joint lease, bank accounts, etc.)
- Birth certificates
- Marriage certificate
- Divorce decrees (if applicable)
- Passport-sized photos
- Evidence of lawful entry into the U.S. (for AOS applicants)
What Are the Fees Involved?
Filing fees can vary depending on where you’re applying from inside or outside the U.S. Keep in mind, the USCIS filing fees don’t include the medical examination fees.
Can You Start Working for Income?
Yes! One of the best parts of filing for a marriage green card is that you can apply for a work permit at the same time. When you file Form I-485 for Adjustment of Status, you can also file Form I-765 for a work permit and Form I-131 for advance parole (which lets you travel outside the U.S. while your application is pending). USCIS can issue your work permit within 5-7 months, so you may be able to get work authorization before you get your green card.
When Do You Need Sponsorship for the Application?
You’ll need financial sponsorship from your U.S. citizen or permanent resident spouse to prove that you won’t become a financial burden on the U.S. government. This is where Form I-864 (Affidavit of Support) comes in. Your spouse must meet income requirements, which is usually 125% of the federal poverty level for your household size. If your spouse’s income falls short, you can use a joint sponsor who meets the income requirements. It can be a bit complicated here, so don’t hesitate to reach out to us. We’ll help you navigate this part to make sure everything’s in order.
Documents needed for sponsorship include:
- Your spouse’s or joint sponsor’s most recent tax returns
- Pay stubs or other proof of income
What’s Next After Submitting the Application? What About the Interview?
Once you’ve filed everything, the waiting game begins. USCIS will review your application, and if everything looks good, they’ll schedule an interview. Don’t freak out—this interview is just to confirm that your marriage is legitimate.
If there are documents missing, USCIS will most likely send you a letter requesting for the documents. Please note that sometimes USCIS will deny or reject the application if they do not have the required forms or documents.
Questions at the interview may include how you met, where you live, and daily life details. They just want to see that you know each other well. If you’re prepared and your marriage is genuine, this should be a breeze. Some applicants might not even need an interview—especially if they’ve provided strong evidence up front.
Can My Spouse Apply for Citizenship After Getting Their Green Card?
If your spouse got their green card through marriage to a U.S. citizen, they can apply for citizenship after three years of continuous residence in the U.S. under the three-year rule. To qualify, they must have lived in the U.S. for at least 18 months during that time and be living with you, the U.S. citizen spouse. So, no sneaking off to Bali for a couple of years!
Ready to take the next step in your marriage-based green card journey? Contact AKN Immigration today, and let’s make this process as smooth and stress-free as possible!
