How to Immigrate To The U.S. Through Marriage – Application Process, Cost & Timeline

What is a marriage green card?

A marriage green card, officially known as a “Form I-551 Permanent Resident Card,” is a document that grants lawful permanent resident status (green card status) to an individual who has married a U.S. citizen or permanent resident and has been approved for immigration benefits based on that marriage. The marriage green card allows the foreign spouse to live and work permanently in the United States.

When a foreign national marries a U.S. citizen or permanent resident, they may apply for a green card through the family-sponsored immigration process. If the marriage is genuine and not entered into for the sole purpose of obtaining immigration benefits, the foreign spouse can be granted lawful permanent resident status.

The process of obtaining a marriage green card involves several steps, which may include:

• Petition Filing: The U.S. citizen or permanent resident spouse must file Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS) to establish the relationship and initiate the immigration process.
• Priority Date: After USCIS approves the I-130 petition, the foreign spouse’s application is assigned a priority date, which is used to determine their place in the visa queue.
• Visa Availability: Depending on the category and country of origin, there may be a waiting period for a visa to become available. Immediate relatives of U.S. citizens, including spouses, generally have visa numbers immediately available.
• Visa Application: Once a visa number becomes available, the foreign spouse can apply for an immigrant visa at a U.S. embassy or consulate in their home country. This involves submitting forms, supporting documents, and attending an interview.
• Entry to the U.S.: Upon approval of the visa application, the foreign spouse can enter the U.S. as a lawful permanent resident.
• Conditional vs. Unconditional Green Card: If the marriage is less than two years old at the time of green card approval, the foreign spouse will initially receive a conditional green card. After two years, they must apply to have the conditions removed by filing Form I-751 and demonstrating that the marriage is still genuine. If the marriage is more than two years old at the time of green card approval, the foreign spouse will receive an unconditional (regular) green card.
• Rights and Responsibilities: With a marriage green card, the foreign spouse enjoys most of the rights and benefits of U.S. citizens, except for the right to vote and certain government positions. They can live and work permanently in the U.S., travel freely, and apply for U.S. citizenship after meeting eligibility requirements.

It’s important to follow the immigration process accurately and provide truthful information to avoid issues or potential consequences in the future. Consulting with an immigration attorney or referring to official USCIS guidance is recommended when pursuing a marriage green card.

How to apply for a marriage green card?

Applying for a marriage green card involves a multi-step process that requires careful preparation and adherence to U.S. immigration laws and regulations. Here’s a general overview of the steps to apply for a marriage-based green card:

• Determine Eligibility:
  • The sponsoring spouse must be a U.S. citizen or permanent resident.
  • The marriage must be genuine and not entered into solely for immigration benefits.
  • Both spouses must be legally eligible to marry.
• File Form I-130, Petition for Alien Relative:
  • The U.S. citizen or permanent resident spouse files Form I-130 with U.S. Citizenship and Immigration Services (USCIS).
  • Include supporting documents such as proof of the marital relationship, copies of identification, and evidence of the sponsoring spouse’s citizenship or permanent resident status.
  • Pay the required filing fee.
• USCIS Processing of I-130:
  • USCIS reviews the petition and may request additional evidence or information.
  • Once approved, USCIS will send a Notice of Approval (Form I-797) to the sponsoring spouse.
• Wait for Visa Availability:
  • Immediate relatives of U.S. citizens, including spouses, typically have visa numbers immediately available. This means there is no waiting for visa bulletin updates.
  • If the sponsoring spouse is a permanent resident, there might be a waiting period for visa numbers to become available, depending on the category and country of origin.
• File Form DS-260:
  • Once a visa number is available, the foreign spouse can complete Form DS-260 online through the Consular Electronic Application Center (CEAC).
• Attend Visa Interview:
  • The foreign spouse attends a visa interview at a U.S. embassy or consulate in their home country.
  • Bring required documentation, such as passport, medical examination results, police clearance certificates, and financial support documents.
  • Be prepared to discuss the marriage and relationship during the interview.
• Medical Examination:
  • The foreign spouse must undergo a medical examination by an approved panel physician.
• Receive Immigrant Visa:
  • If approved, the foreign spouse will receive an immigrant visa stamped in their passport.
• Enter the U.S.:
  • The foreign spouse can enter the U.S. as a lawful permanent resident using the immigrant visa.
• Receive Green Card:
  • Upon arrival in the U.S., the foreign spouse’s passport will be stamped as evidence of lawful permanent resident status.
  • If the marriage is less than two years old, the foreign spouse will receive a conditional green card. If the marriage is more than two years old, an unconditional (regular) green card will be issued.
• Apply to Remove Conditions (if applicable):
  • If the foreign spouse received a conditional green card, they must file Form I-751 to remove the conditions within the 90-day period before the second anniversary of obtaining conditional status.
  • Provide evidence to demonstrate the continued genuineness of the marriage.
• Obtain Unconditional Green Card:
  • After the I-751 petition is approved, the foreign spouse will receive an unconditional (regular) green card.

It’s important to note that the process can vary based on individual circumstances and changes in immigration policies. Consult the official USCIS website and consider seeking legal advice from an immigration attorney to ensure accurate and up-to-date information and guidance throughout the application process. Read more “list your business in the” “free and paid submission to the” “add your site” statistics

How much does it cost to apply for a marriage green card?

The cost of applying for a marriage green card can vary based on several factors, including the specific forms you need to file, the applicant’s age, and whether the sponsoring spouse is a U.S. citizen or a permanent resident. In this blog post we provide you with a general overview of the typical costs involved. Please note that these fees might have changed, so it’s essential to check the official U.S. Citizenship and Immigration Services (USCIS) website for the most up-to-date fee information.

Here are some of the common fees associated with applying for a marriage green card:

• Form I-130 (Petition for Alien Relative):
  • The filing fee for Form I-130, which is filed by the sponsoring spouse, was approximately $535 as of my last update.
• Form DS-260 (Online Immigrant Visa Application):
  • The fee for the Form DS-260 application for an immigrant visa through the Department of State’s Consular Electronic Application Center (CEAC) is typically included in the overall visa processing fees paid to the U.S. embassy or consulate.
• Immigrant Visa Processing Fee:
  • This fee is paid to the U.S. embassy or consulate where the immigrant visa interview takes place. The fee amount varies and is typically paid online before the interview.
• Medical Examination:
  • The cost of the required medical examination by an approved panel physician varies depending on the physician’s location and other factors. This fee is paid directly to the physician.
• Biometrics Fee:
  • USCIS may require biometrics (fingerprints, photograph, and signature) as part of the application process. The biometrics fee was approximately $85 per person as of my last update.
• Form I-485 (Adjustment of Status – Green Card Application):
  • The filing fee for Form I-485, which is filed by the immigrant spouse applying for a green card from within the U.S., was approximately $1,140 (plus an additional fee for the biometrics) as of my last update.
• Form I-751 (Petition to Remove Conditions, if applicable):
  • If the immigrant spouse initially received a conditional green card, the filing fee for Form I-751 was approximately $595 as of my last update.

Please keep in mind that these fees are approximate and subject to change. USCIS periodically adjusts its fee schedule, so it’s crucial to visit the official USCIS website to obtain the most current fee information before starting the application process. Additionally, consider consulting with an immigration attorney for guidance on the application process and associated costs.

How long does it take to obtain a marriage green card?

The processing time to obtain a marriage green card (permanent resident status) can vary widely based on several factors, including the specific U.S. Citizenship and Immigration Services (USCIS) service center or U.S. embassy/consulate involved, the individual case’s complexity, the sponsoring spouse’s status (U.S. citizen or permanent resident), and the country of origin of the immigrant spouse. Below is a general idea of the processing times for each major step of the process. However, these times can change, and it’s crucial to check the official USCIS website for the most up-to-date processing time estimates.

Here’s a rough breakdown of the time it might take to obtain a marriage green card:

• Form I-130 (Petition for Alien Relative):
  • Processing times for Form I-130 can vary, but it often takes several months (typically 6 to 12 months or longer) for USCIS to process and approve the petition.
• Visa Availability (For Spouses of Permanent Residents):
  • If the sponsoring spouse is a U.S. citizen, immediate relatives have visa numbers immediately available.
  • If the sponsoring spouse is a permanent resident, the waiting time for visa numbers can vary based on the category and the country of origin. It might take several months to several years for a visa number to become available.
• Form DS-260 (Immigrant Visa Application) and Visa Interview:
  • After a visa number becomes available, the immigrant spouse needs to complete Form DS-260 online and attend a visa interview at a U.S. embassy or consulate in their home country. The interview wait times can vary based on the embassy or consulate’s workload.
• Adjustment of Status (For Spouses in the U.S.):
  • If the immigrant spouse is in the U.S., processing times for Form I-485 (Adjustment of Status) can vary. On average, it can take 8 to 14 months or longer for USCIS to process the application.
• Form I-751 (Petition to Remove Conditions, if applicable):
  • If the immigrant spouse received a conditional green card, processing times for Form I-751 to remove conditions can vary. On average, it can take around 12 to 18 months or longer to process the petition.

Please note that these are general estimates, and actual processing times can differ significantly based on individual circumstances and changes in USCIS procedures. USCIS provides estimated processing times on its official website, allowing you to track the progress of your application. Keep in mind that USCIS service centers and visa processing times at U.S. embassies/consulates can also be affected by external factors, such as changes in immigration policies, staffing levels, and current events.

For accurate and up-to-date processing time estimates, it’s recommended to regularly check the USCIS website and consult with an immigration attorney if needed.