Who is eligible for a green card through marriage?
Any foreigner engaged to a U.S. citizen or lawful permanent resident (LPR) can apply for a green card through marriage. A green card is a document that proves you are authorized to live and work in the United States on a permanent basis. If you entered the U.S. on a temporary visa (like a tourist visa or a student visa), you can apply for a green card so that you can stay in the U.S. permanently.
Table of Contents How to Get a Green Card Through Marriage - A Step-by-Step Guide
You may also be able to bring your children to live in the U.S. if they are also on a temporary visa. You must prove that you entered into the marriage in good faith. This means that you are not trying to defraud the government by getting a green card through a fake marriage. You must also prove that the marriage is legal and recognized by the U.S. law.
How to apply for a Marriage Green Card?
There are two ways to apply for a green card through marriage. The first way is to apply while you are in your home country. This is called filing a “consular process.” The second way is to apply for a green card from inside the U.S. This is called filing a “adjustment of status.” You can only file for a marriage green card from within the U.S. if you are currently in legal status.
For example, if you entered the U.S. on a tourist visa, you can file for a green card only if you have applied for and received an extension of your visa. If you are currently in your home country, you must contact the nearest U.S. Embassy or Consulate and ask them to put you on the waiting list.
The waiting list is usually very long. It can take years to get an appointment at an Embassy or Consulate. The Embassy or Consulate will also ask you a series of questions to determine if you are eligible for a green card. If you’re not eligible, they won’t put you on the waiting list. You will have to go home and try again.
Step 1: Prove that you and your spouse entered into the marriage in good faith
You must prove that you and your spouse entered into the marriage in good faith. You must prove that your marriage is legal and recognized by the U.S. law. Generally, you must submit the following documents:
- Proof of your relationship with your spouse (e.g. photos, love letters, etc.)
- Proof that you and your spouse are currently married (e.g. wedding photos, marriage certificate, etc.)
- Proof that you and your spouse are both 18 years old or older (e.g. IDs, birth certificates, etc.)
- Proof that your spouse is a U.S. citizen or lawful permanent resident (e.g. green card, passport, etc.)
- Proof that you and your spouse live together (e.g. photos, lease agreement, utility bills, etc.)
- Proof that you are currently in a romantic relationship (e.g. photos, love letters, etc.)
Step 2: Prove that your marriage is legal and recognized by the US law
You must prove that your marriage is legal and recognized by the U.S. law. This is to prove that you are not trying to defraud the government by getting a green card through a fake marriage. You and your spouse must go to a government office (in the U.S.) to have your marriage certificate authenticated and verified.
This is a simple process, but there is a waiting list at every office. It can take months to get an appointment, so you might have to get in line now. Once your marriage certificate is authenticated and verified, you must submit it to the government along with the following documents:
- Proof that you and your spouse are currently married (e.g. wedding photos, marriage certificate, etc.)
- Proof that your spouse is a U.S. citizen or lawful permanent resident (e.g. green card, passport, etc.)
- Proof that you and your spouse live together (e.g. photos, lease agreement, utility bills, etc.)
- Proof that you are currently in a romantic relationship (e.g. photos, love letters, etc.)
Step 3: Show that you and your spouse have a romantic relationship
You must prove that you and your spouse have a romantic relationship. You must submit the following documents:
- Photographs of you and your spouse together (at least 2 photos)
- Love letters written by you to your spouse
- Scrapbooks or photo albums dedicated to your relationship
- Any gifts that you have given to your spouse
- Any gifts that your spouse has given to you
- Any romantic trip that you have taken with your spouse
- Any romantic trip that your spouse has taken with you
- Any romantic messages that you have sent to your spouse
- Any romantic messages that your spouse has sent to you
Step 4: Demonstrate that you live together as husband and wife
You must prove that you live together as husband and wife. You must submit the following documents:
- Photographs of your daily life together (e.g. cooking, cleaning, grocery shopping, etc.)
- Copies of your lease agreement or utility bills showing that you and your spouse live together
Contact our Marriage Green Card Lawyers today!
You have now completed the process of obtaining a green card through marriage. If everything goes according to plan, you should receive a decision on your green card application in about 8 months. If you are applying for your green card from within the U.S., you must file Form I-485 and pay the filing fee.
If you are applying for your green card from your home country, you must file Form DS-230 and pay the consular fee. For more information please contact us for a risk free 15 minute consultation.