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October 11, 2022
Marriage Green Card
Stenberg Law – Marriage Green Card Guide
What is a Marriage Green Card?
A marriage-based green card is a common and secure way for spouses of US citizens and legal permanent residents to become lawful permanent residents (green card holders) of the United States, and once the applicant becomes a green card holder, a pathway to eventual citizenship in the United States.
A visa is always available for immediate relatives of US citizens (including spouses of US citizens). As such, a spouse of a US citizen can file for a marriage-based green card once married. On the other hand, if you are marrying a lawful permanent resident of the United States, you must wait until a relevant visa becomes available.
Who can apply?
You are not able to sponsor your own marriage-based green card application. Instead, it is the US citizen or lawful permanent resident spouse that has the responsibility to sponsor the application. If the sponsor does not have sufficient assets to sponsor the applicant, then a sponsor other than the US citizen or legal permanent resident spouse may be used. The sponsor and the US government will enter an actual contract (Form I-864 – Affidavit of Support) whereby the sponsor guarantees that they have sufficient assets to support the applicant.
The process for applying for a marriage-based green card differs depending on whether you are applying from within the United States or from abroad. Applicants from within the United States go through a process referred to as “Adjustment of Status” by filing Form I-485 – Application to Register Permanent Residence or Adjustment of Status. On the other hand, spouses applying from abroad, a process usually referred to as “Consular Processing”, must first file and have their petition (Form I-130 – Petition for Alien Relative) approved by the United States Citizenship and Immigration Services (“USCIS”).
Typically, the applicant will also have to go through a medical examination and submit their vaccination records to the USCIS (Form I-693 – Medical Examination and Vaccination Records). Applicants seeking to adjust status must also file for an employment authorization document (“EAD”) that will allow the applicant to work and seek employment in the US (Form I-765 – Application for Employment Authorization).
To prevent marriage fraud and ensure that your marriage is legitimate, USCIS will often request several types of evidence and accompanying documents with the application, including (but not limited to):
- Birth certificates;
- Passports;
- Proof that you live together, including (but not limited to):
- Joint mortgage;
- Deeds;
- Utility bills;
- Proof of combined finances;
- Joint bank accounts;
- Letters, emails and other communication between the married couple;
- Travel itineraries; and
- Certified police and court records of all criminal charges (if any).
Any person applying for a green card in the United States will be subject to a biometrics appointment. USICS will take your fingerprints and photos and then run them through the FBI database and other databases.
Applicants should be aware that there are several bars to adjusting status. Common bars include being in unlawful immigration status, failure to maintain immigration status, or unauthorized employment. It is important to consult an immigration attorney if you suspect you may be barred from gaining an immigration benefit.
Getting married for an immigration benefit is illegal. If you marry someone for an immigration benefit, you may face serious immigration consequences, including deportation and a ban from reentering the United States or gaining an immigration benefit in the future.
USCIS Interview
Most often, the green card applicant and the sponsor will be called to an interview with USCIS. The purpose of this interview is for USCIS to determine that the marriage was entered into in good faith and not for the purpose of gaining an immigration benefit. An immigration lawyer can support you through this process by preparing you for the interview, by performing a mock interview, walking you through commonly asked questions, and even accompanying you to the interview itself.
Stokes Interview
If the USCIS suspects fraud regarding the marriage legitimacy, they may conduct a so-called “Stokes Interview” often referred to as a “marriage fraud interview”. This is a second interview after the original interview and is often considered a “second chance” for the married couple to prove the legitimacy of their marriage. A marriage fraud interview could be triggered by several factors, including:
- Concerns about marital history;
- Age gap between the spouses;
- Language and income differences; and
- Other factors raising suspicion with the USCIS concerning legitimacy of the marriage.
During the interview, the spouses will be interviewed separately in different rooms by immigration officers. As such, the interview process may take several hours. It is recommended to consult and bring and immigration attorney with you if you are invited to a marriage fraud interview.
Removal of Conditions
If you have been married for less than two years, the marriage-based green card will be considered “conditional.” This means that you must file a petition with the USCIS 90 days prior to the expiration of your green card to remove conditions (Form I-751 – Petition to Remove Conditions on Residence). It is highly recommended that you make this filing as soon as possible within the 90-day window, giving the USCIS ample time to review and approve your application.
Accompanying Family Members
It should be noted that relatives of a marriage green card are not included in the application. However, if the application is approved and the applicant becomes a legal permanent resident, then the applicant may be able to petition for other family members later.
Path to Citizenship
If your marriage-based green card is approved, the applicant will become a legal permanent resident of the United States. Once the green card has been received and certain criteria have been met, the applicant may elect to become a United States and apply for citizen through naturalization after three years.
The rules surrounding citizenship and naturalization can be complex. It is recommended that the applicant consult with an immigration attorney prior to making any filings with USCIS.
Current Costs as of June 15, 2024
| Documents to be Filed | Adjustment of Status | Consular Processing |
|---|---|---|
| Form I-485 – Application to Register Permanent Residence or Adjust Status | $1,440 | N/A |
| Form I-130 – Petition for Alien Relative | $675 | $675 |
| Form I-131 – Application for Travel Document | $635 | N/A |
| Form I-765 – Application for Employment Authorization | $520 | N/A |
| Form I-864 – Affidavit of Support | $0 | $0 |
| Form I-693 – Medical Examination and Vaccination Record | $~350 | $~350 |
| Form G-28 – Notice of Entry of Appearance as Attorney | $0 | $0 |
| USCIS Biometrics Appointment | $85 | $0 |
| State Department Processing | N/A | $325 |
| USCIS Immigrant Fee | N/A | $235 |
| Estimated Total Filing Costs | $~3705 | $~1585 |
Processing Times
Processing times for a marriage-based green card varies and depends on several factors, current processing times usually fall between:
- Spouse of a U.S. citizen: 8 – 15 months.
- Spouse of lawful permanent resident: 25 – 42 months.
Unauthorized leave from the United States while waiting for your green card to process can be detrimental to your immigration application. If you are looking to leave the United States while waiting for your green card to process, it is recommended that you apply for a travel permit (Form I-130 – Application for Travel Document).
Stenberg Law Consultation
Please don’t hesitate to contact Stenberg Law for a free initial discussion about the marriage green card visa and any questions you may have. Our attorney has actually gone through the marriage-based green card process himself, so he is intimately familiar with the procedure.
