A marriage-based green card, also known as a spousal visa, is a way for U.S. citizens or lawful permanent residents (LPRs) to sponsor their foreign-born spouse to live and work in the United States. If you are considering applying for a marriage-based green card, it is important to understand the basics of the process. In this blog post, we’ll go over the basic steps and requirements for applying for a marriage-based green card.
Step 1: Determine Eligibility
To be eligible for a marriage-based green card, the foreign-born spouse must meet the following requirements:
– Be married to a U.S. citizen or LPR;
– Have a spouse who is willing to sponsor them for a green card; and
– Be admissible to the United States, which means being clear of significant criminal records or other material issues that could prevent entry into the country.
Step 2: File Form I-130
The first step in the marriage-based green card process is for the U.S. citizen or LPR spouse to file Form I-130, Petition for Alien Relative. This form is a qualifying application (not the green card petition itself) and establishes the relationship between the two spouses. It is used to request permission for the foreign-born spouse to immigrate to the United States. Form I-130 can sometimes be filed in conjunction with Form I-485, or an applicant can wait to file Form I-485 until after the I-130 has been approved.
Step 3: File Form I-485 or Proceed with Consular Processing
Once Form I-130 is approved and a visa number is available (for those applying as the spouse of an LPR), the foreign-born spouse can either apply for adjustment of status via Form I-485 if they are already in the United States, or they can go through consular processing if they are outside of the U.S. Adjustment of status allows the foreign-born spouse to apply for a green card while they are already in the U.S., along with work and travel permission. Consular processing, on the other hand, requires the foreign-born spouse to apply for a visa at a U.S. Embassy or consulate outside the U.S. In some circumstances, it may make strategic sense for a foreign-born spouse to pursue the last phase of the green card via consular processing even if they are currently in the U.S. and could have taken advantage of the I-485 Adjustment of Status option.
Step 4: Attend an Interview
Regardless of whether the foreign-born spouse applies for adjustment of status or consular processing, they will need to attend an interview with U.S. Citizenship and Immigration Services (USCIS) to determine their eligibility for a green card. During the interview, both spouses will be asked questions about the bona fides of their relationship and their intentions for living in the United States. Note, however, that some marriage-based applications are being approved by USCIS without an interview. While this is not an official policy, it is a trend that has been observed in 2023.
Step 5: Receive the Green Card
If the interview goes well and the foreign-born spouse is found to be eligible for a green card, they will receive their green card in the mail. LPR status will allow the foreign-born spouse to live and work in the United States permanently. For some people, LPR status and the accompanying card will be valid for up to 10 years. For others, the status and accompanying card may only be valid for a conditional two-year period.
Step 6: Next Steps
Be sure to stay in contact with your immigration attorney in case you need to apply for removal on the conditions imposed on your green card or you decide to apply for U.S. citizenship.
Applying for a marriage-based green card can be a complex process, but understanding the basic steps and requirements can help make it easier. Working with an experienced immigration attorney to ensure that you meet all the eligibility requirements can set you up for a wonderful foundation in the U.S. as you start your new life and marriage.
