A Green Card Marriage allows US citizens and permanent residents a route to sponsor their non-US spouse for permanent residence, enabling them to legally work and reside in the US indefinitely.

Marrying a US citizen or Green Card holder does not automatically confer US immigration or nationality rights on non-US spouses.

As a non-American spouse, you will need to apply to the US authorities for a Marriage Green Card to secure lawful permanent residence status on the basis of your relationship.

With a Green Card, you can live with your spouse in the USA and work freely, and your movements are not as restricted as those of applicants under other US immigration routes.

There is no annual cap on the number of Green Cards that can be issued to “immediate relatives”, which spouses are classed as.

The challenge for marriage Marriage Green Card applicants is that the application process can be protracted, leaving applicants living with the uncertainty of their pending application for months and, in many cases, years.

The Marriage Green Card application process also demands extensive evidence and involves an in-depth interview to prove your relationship is genuine.

With so much at stake, your application and supporting evidence must be comprehensive to prove your eligibility, and you and your US spouse should prepare well for the interview.

This article provides a comprehensive guide to understanding the Green Card marriage process, including eligibility requirements, the steps involved, costs, and tips for passing the Green Card interview.

 

Section A: What is a Green Card Marriage?

 

To live with your US spouse in the US, you will need to apply for a Marriage Green Card.

A Marriage Green Card is a type of lawful permanent residency in the United States granted to the foreign spouse of a US citizen or lawful permanent resident. It allows the foreign spouse to live and work in the US indefinitely, and eventually, it may lead to US citizenship through the process of naturalization.

 

1. What a Marriage Green Card Allows

 

The primary benefit of a marriage Green Card is that it grants the holder the legal right to reside anywhere in the United States and work for any employer without restrictions. Unlike some visas, green card holders do not need to obtain special work authorization.

Green Card holders can travel outside the US and return, provided they do not stay abroad for extended periods that could be interpreted as abandoning their residency (typically, more than six months at a time or more than a year without a re-entry permit).

After holding a Marriage Green Card for a certain period (typically three years if married to a US citizen, or five years for other permanent residents), the Green Card holder may be eligible to apply for US citizenship through naturalization.

Marriage Green Card holders can also sponsor their unmarried children for a Green Card, although they cannot sponsor extended family members like siblings or parents until they become US citizens.

 

2. What a Marriage Green Card Prohibits

 

Marriage Green Card holders are not allowed to vote in US federal elections. Voting is a right reserved for US citizens only.

Some government positions, particularly those requiring security clearance, are restricted to US citizens. Green Card holders are not eligible for these jobs.

While Green Card holders can travel, prolonged absences from the US can jeopardize their permanent resident status. If a Green Card holder stays outside the US for more than a year without a re-entry permit, they could be considered to have abandoned their residency.

Holding a Green Card does not automatically make the individual a US citizen. They must go through the naturalization process, which includes meeting residency requirements, passing a citizenship test, and taking the Oath of Allegiance.

 

3. Who Can Apply for a Marriage Green Card?

 

Marriage Green Cards are potentially open to the following, provided they meet the eligibility criteria:

 

a. Foreign Spouses of US Citizens

A foreign national who is legally married to a US citizen is eligible to apply for a Marriage Green Card. The process typically starts with the US citizen spouse filing Form I-130, Petition for Alien Relative, to establish the marital relationship.

 

b. Foreign Spouses of Lawful Permanent Residents

A foreign national married to a US Green Card holder can also apply for a Marriage Green Card, though the process may take longer compared to spouses of US citizens due to visa availability and processing times.

 

c. Spouses in the US and Abroad

A foreign spouse can apply for a Green Card whether they are currently in the US (through the adjustment of status process) or abroad (through consular processing).

 

4. How Long Does a Marriage Green Card Last?

 

If the marriage is less than two years old at the time of Green Card approval, the foreign spouse will receive a conditional Green Card, which is valid for two years. Before it expires, the couple must jointly file Form I-751, Petition to Remove Conditions on Residence, to obtain a permanent green card.

Once the conditions are removed, or if the marriage was longer than two years at the time of approval, the foreign spouse will receive a permanent Green Card valid for 10 years. It is renewable every 10 years, as long as the holder maintains their permanent residency status.

 

5. How Does a Marriage Green Card Differ from a US Spouse Visa?

 

A US spouse visa, such as the K-3 visa, is a non-immigrant visa that allows a foreign spouse to enter the US while their green card application is being processed. It is temporary and intended to bridge the gap between marriage and obtaining a green card. In contrast, a Marriage Green Card provides permanent residency.

A Marriage Green Card holder has full work authorization in the US, whereas a spouse on a K-3 visa must apply for separate work authorization (Form I-765) to be legally employed in the US.

While both the MarriageGreen Card and the spouse visa can eventually lead to US citizenship, the green card is a direct step toward permanent residency and citizenship. The K-3 visa is a temporary status that must be converted into a green card through adjustment of status or consular processing.

The process for obtaining a marriage visa involves more steps and a longer timeline than obtaining a K-3 visa, but it results in permanent residency, whereas the K-3 visa is a temporary solution.

 

Section B: Green Card Marriage Requirements

 

Before applying for a marriage-based Green Card, it’s important to understand the eligibility requirements for both the sponsoring spouse (the US citizen or permanent resident) and the foreign national spouse. These requirements are in place to ensure that only legitimate, bona fide marriages are considered for immigration benefits, as fraudulent marriages carry severe penalties.

 

1. Who Qualifies for a Marriage-Based Green Card?

 

To qualify for a Marriage Green Card, the foreign spouse must be legally married to either:

 

a. A US citizen or

b. A lawful permanent resident (green card holder).

 

The marriage must be legally recognized in the country or region where it took place. For example, common-law marriages are only recognized in certain states within the US and in select countries.

Additionally, same-sex marriages are eligible for green card applications if they are legally recognized in the jurisdiction where the marriage took place.

Other key requirements include:

 

a. Age: Both spouses must be at least 18 years old.

b. Previous Marriages: If either spouse has been previously married, that marriage must be legally terminated (through divorce, annulment, or death) before applying.

c. Marital Status: The couple must be in a legally valid marriage, meaning it cannot be a polygamous or proxy marriage unless certain conditions are met for the latter.

 

2. Legal Status Requirements for Both US Citizens and Non-Citizens

 

The eligibility criteria to be met will also depend on the following:

 

a. For US Citizens

Any US citizen can sponsor a spouse for a Green Card, regardless of how long they have held citizenship or where the marriage took place. US citizens can also sponsor a spouse who is currently in the US on a valid visa or even if they have overstayed their visa, provided they entered the country legally.

 

b. For Lawful Permanent Residents (Green Card Holders)

Green Card holders can also sponsor a spouse, but they may face longer processing times compared to US citizens. Unlike US citizens, permanent residents cannot sponsor a spouse who has overstayed their visa or is in the US unlawfully.

 

c. For Foreign Spouses

The foreign spouse must be legally eligible to immigrate to the US. This means they should not have a criminal record that could disqualify them, and they must undergo a background check and medical examination to meet the health and character requirements set by US immigration law.

 

3. Legitimate Green Card Marriage

 

Arguably, the primary requirement of a Marriage Green Card is that the marriage is bona fide and genuine, and you must be able to evidence this adequately through the application. The US government takes marriage fraud very seriously, and the couple must demonstrate that their relationship is authentic and not solely for immigration benefits.

You can establish a bona fide relationship through the following:

 

a. Documentary Evidence

The couple must provide a range of supporting documents, such as joint financial records (bank accounts, tax returns), property ownership or rental agreements in both names, photographs together, and evidence of shared life (travel itineraries, communication records, etc.).

 

Table: Types of Evidence to Prove a Bona Fide Marriage

Type of Evidence	Examples
Financial Documents	Joint bank accounts, tax returns, shared insurance policies
Cohabitation Proof	Joint lease/mortgage, utility bills, property deeds
Social Proof	Wedding photos, vacation photos, social media posts with friends/family
Affidavits	Sworn statements from friends and family verifying the relationship
Communication Proof	Emails, text messages, phone records

 

b. Affidavits from Friends and Family

Statements from people close to the couple that verify the legitimacy of the marriage can also help. These affidavits typically explain how the couple met, how they interact, and other personal insights into the relationship.

 

c. Green Card Interview

Both spouses will likely be interviewed by US Citizenship and Immigration Services (USCIS) officials. They will ask questions about the relationship to assess whether it’s genuine. The couple should be prepared to answer questions about their relationship history, daily life, and future plans as a married couple.

 

Section C: Marriage Green Card Marriage Application Process

 

The specific Green Card application process will depend on whether your spouse is a US citizen or a US lawful permanent resident and whether you, as the non-US spouse, are living in the US or overseas.

 

Table: Comparison of Adjustment of Status vs. Consular Processing

Aspect	Adjustment of Status	Consular Processing
Location	Applied within the U.S.	Applied from abroad through a U.S. consulate
Processing Time	10–13 months	12–18 months
Work Authorization	Can apply for a work permit (Form I-765)	Must wait until arrival in the U.S. to work
Travel Permission	Requires advance parole (Form I-131) for travel	Can travel after receiving the immigrant visa
Interview Location	Local USCIS office in the U.S.	U.S. embassy/consulate in foreign country

 

a. Applying from within the US: Adjustment of Status

If you are already resident in the US and have already married your US citizen spouse, you will usually make an application to adjust your status. This will be on the basis that you entered and remain in the US lawfully, for example, on a work visa, and at the time you applied for your previous visa and were admitted into the country, you did not have the intention or plans to get married and stay in the US.

 

b. Applying from Outside the US: Consular Processing

If you’re applying from outside the US, you will first need to obtain an immigrant visa to enter the US as a permanent resident on the basis of your relationship.

This is a two-step process involving filing Form I-130 to establish the relationship before applying for your Green Card at a National Visa Center (NVC) and then attending the visa interview at a US consular post abroad.

While the application is pending, you can enter the United States as a visitor.

If married to a US Green Card holder, the same application process applies as if married to a US citizen, except you would need to wait for Green Card availability in the US Visa Bulletin before you can apply to the NVC. This stage alone of waiting for your priority date can take between 8-10 months.

 

1. Step-by-Step Guide to Applying for a Green Card Through Marriage

 

While the process of obtaining a Green Card through marriage depends on whether you are already in the United States or living abroad, the general steps are as follows:

 

Step 1: Get Married

 

The first step is to be legally married to your US citizen or lawful permanent resident spouse. Ensure your marriage is recognized by the laws of the country or state where it took place.

 

Step 2: Filing Form I-130 (Petition for Alien Relative)

 

The US citizen or permanent resident spouse must file Form I-130 with US Citizenship and Immigration Services (USCIS). This form establishes the relationship between the petitioner (the US citizen or permanent resident) and the beneficiary (the foreign spouse).

Along with the form, you’ll need to submit supporting documents, such as:

 

a. Proof of US citizenship or permanent residency (copy of passport, birth certificate, or green card).
b. Marriage certificate.
c. Evidence of a bona fide marriage (photos, joint financial documents, etc.).
d. Form I-130 filing fee (currently $535).

 

Once Form I-130 is filed, USCIS will issue a receipt notice, followed by an approval notice or a request for additional information (if needed). Processing times vary depending on USCIS workload and whether the petition is filed by a US citizen or green card holder.

 

Step 3: Processing – Depending on Location

 

The next step in the process depends on whether the foreign spouse is already in the US or living abroad. This will determine whether the spouse applies for adjustment of status (if in the US) or consular processing (if abroad).

 

a. Spouses Already in the US

If the foreign spouse is already in the United States, they may be eligible to adjust their status to permanent residency without leaving the country. This process involves filing Form I-485 (Application to Register Permanent Residence or Adjust Status) with USCIS.

Along with Form I-485, the foreign spouse must submit a medical examination form, financial support affidavit (Form I-864), and proof of legal entry into the US.

If the US citizen spouse is filing the petition, Form I-130 and Form I-485 can often be filed concurrently, speeding up the process.

After filing, the foreign spouse will be scheduled for a biometrics appointment (fingerprinting) and an interview with USCIS. At the interview, both spouses must prove the legitimacy of their marriage.

If approved, the foreign spouse will receive a conditional Green Card (if married for less than two years) or a permanent Green Card (if married for more than two years).

 

b. For Spouses Abroad

If the foreign spouse is living outside the US, they will undergo consular processing. Once Form I-130 is approved by USCIS, the case is forwarded to the National Visa Center (NVC) for further processing.

The NVC will notify the foreign spouse to submit additional documents, such as the DS-260 (Immigrant Visa Application), financial support affidavit, and civil documents (birth certificate, police certificates, etc.).

Once the documents are reviewed, the foreign spouse will be scheduled for an interview at the US embassy or consulate in their home country. At the interview, they will need to provide evidence of their relationship medical exam results and pay the necessary fees.

If the consular officer approves the visa, the foreign spouse will receive an immigrant visa, allowing them to travel to the US. Once they enter the US, they will receive their green card in the mail.

 

Step 4: Application Approved

 

If the couple has been married for less than two years at the time of green card approval, the foreign spouse will receive a conditional green card, valid for two years.

Within approximately one month of your initial entry to the US, you will be issued your Green Card, which will act as evidence of your lawful, permanent resident status.

If you have been granted conditional permanent residence, the permanent resident card will be valid for two years. Conditional permanent residence is granted when a US citizen and non-US citizen spouse have been married for less than two years prior to the date that the non-US citizen spouse was admitted to the US as a permanent resident.

In order for the non-US citizen spouse to maintain permanent residence beyond two years, they must apply to remove the conditions within the 90-day period before the permanent resident card expires to prove the marriage is still genuine.

If the couple has been married for more than two years at the time of green card approval, the foreign spouse will receive a permanent green card, valid for 10 years. The permanent resident card has to be renewed before it expires.

 

2. Green Card Marriage Interview Tips

 

The Green Card marriage interview is one of the most important steps in the process of obtaining a Green Card through marriage.

The interview typically takes place at a local USCIS office if the foreign spouse is applying from within the US (adjustment of status) or at a US consulate or embassy if the spouse is applying from abroad (consular processing).

During this interview, a US Citizenship and Immigration Services (USCIS) officer or a consular officer will assess the validity of your marriage and determine whether it is bona fide (genuine).

The interview is designed to identify fraudulent marriages and ensure that the relationship is legitimate.

You and your spouse will be asked questions about your relationship, your history, your future plans, your family circumstances, and anything related to the authenticity of your marriage. If the adjudicator is satisfied the relationship is genuine and the application is not fraudulent, they will approve the Green Card.

Knowing what to expect and how to prepare can significantly increase your chances of success.

 

a. Green Card Marriage Interview Format

Both spouses must attend the interview together. In some cases, the USCIS officer may choose to interview the couple separately, especially if there are concerns about the legitimacy of the marriage. This is known as the “Stokes interview”, where each spouse is asked the same set of questions separately, and their answers are compared.

 

b. Document Review

The officer will review the couple’s submitted documents, including Form I-130, Form I-485 (if applicable), and all evidence provided to support the marriage. Ensure you bring original copies of important documents, such as your marriage certificate, joint financial records, and identification.

 

c. Marriage Green Card Interview Questions

The officer will ask questions about your relationship, daily life, and marriage to gauge its authenticity. Both spouses should answer honestly and consistently. The goal is to demonstrate that your marriage is genuine and not just for immigration purposes.

During the Green Card marriage interview, the officer will ask a range of personal questions to verify the legitimacy of your relationship.

These questions aim to verify the details of your life together and test your knowledge of each other’s habits, personalities, and day-to-day activities. Answer honestly, as the officer may follow up with more specific questions based on your answers.

While the exact questions vary from case to case, common questions are typically about:

 

i. How you met

ii. Your wedding day

iii. Daily life, routines and living situation

iv. Your wider family and personal life

v. Financial questions

 

Table: Green Card Marriage Interview Questions

Category	Questions
About Your Relationship	– How did you meet your spouse?
	– When and where did you first meet in person?
	– How long did you date before deciding to get married?
	– Who proposed, and how did they do it?
	– What activities do you enjoy doing together?
About Your Wedding	– When and where did the wedding take place?
	– How many guests attended the wedding?
	– Did your families attend the wedding?
	– Who was the officiant at your wedding?
Daily Life and Living Situation	– Where do you and your spouse live? Can you describe your home?
	– What time do each of you go to work or school?
	– What are your spouse’s work hours?
	– How do you split household responsibilities, such as cooking and cleaning?
Family and Personal Life	– Do you have children together or from previous relationships?
	– What do you usually do on weekends?
	– What did you do for your last birthday or anniversary?
	– Can you describe your spouse’s family members (parents, siblings)?
Financial Questions	– Do you have joint bank accounts or credit cards?
	– Do you share any major expenses, such as a mortgage or rent?

 

d. Interview Duration

Interviews typically last 15 to 30 minutes but can be longer if the officer has additional questions or concerns.

 

Section D: Green Card Marriage Costs

 

Whether you’re filing from within the US or through consular processing abroad, it’s important to understand the full financial implications of the green card application process.

 

1. Green Card Filing Fees

 

The following fees apply when making a US Green Card through marriage application:

 

Table: Marriage Green Card Fees & Costs

Form / Fee Type	Cost (to Applicant Living in the U.S.)	Cost (to Applicant Living Abroad)
Form I-130 (Family Sponsorship Petition)	$675	$675
Form I-485 (Green Card Application)	$1440	Not required
Form I-864 (Financial Support Form)	$0	$120
Form I-765 (Work Permit Application) (optional)	$260	Not required
Form I-131 (Travel Permit Application) (optional)	$630	Not required
Biometrics (Fingerprints & Photo)	$85	$0
State Department Processing	Not required	$325
USCIS Immigrant Fee	Not required	$235
Medical Examination	Varies	Varies
Form DS-260 (Online Immigrant Visa Application)	Not required	$325
Form DS-261 (Online Choice of Address and Agent)	Not required	$0
Form I-129F (Petition for Alien Fiancé(e))	$675	$675
Form I-130A (Supplemental Information Form)	$0	$0
Form I-693 (Medical Exam and Vaccination Record)	Varies	Varies
Form I-751 (Petition to Remove Conditions)	$750	$750
Form I-90 (Application to Replace Green Card)	Varies	Varies
Total Estimated Costs	$3005 + Varies	$1340 + Varies

 

a. Form I-130 (Petition for Alien Relative)

The initial petition to establish the relationship between the US citizen or lawful permanent resident and the foreign spouse is filed using Form I-130. The filing fee for Form I-130 is $675. This fee is non-refundable, regardless of whether the petition is approved or denied.

 

b. Form I-485 (Adjustment of Status) – For Spouses in the US

If the foreign spouse is applying for a green card from within the US, they will need to file Form I-485 (Application to Register Permanent Residence or Adjust Status). The filing fee for Form I-485 is $1,440, plus an $85 biometrics fee (for fingerprinting and background checks).

 

c. Consular Processing Fees – For Spouses Abroad

If the foreign spouse is applying for a green card from abroad, they will go through consular processing. Once Form I-130 is approved, the foreign spouse will need to submit Form DS-260 (Immigrant Visa Application) online, which has a filing fee of $325. Additionally, there is a $120 affidavit of support fee, which must be paid by the sponsoring spouse to demonstrate that they can financially support the foreign spouse.

 

d. USCIS Immigrant Fee

After the immigrant visa is issued (for consular processing cases) or after approval of the adjustment of status (for domestic applicants), the foreign spouse must pay the USCIS Immigrant Fee of $235 to receive their Green Card.

 

e. Form I-751 (Removing Conditions on Residence)

If the foreign spouse receives a conditional green card (because the marriage is less than two years old at the time of approval), the couple will need to file Form I-751 (Petition to Remove Conditions on Residence) before the two-year green card expires. The filing fee for Form I-751 is $595, plus an $85 biometrics fee, for a total of $680.

 

2. Additional Green Card Costs

 

In addition to government processing fees, the following charges also apply for Marriage Green Card applications:

 

a. Medical Examination

All applicants for a green card, whether through adjustment of status or consular processing, are required to undergo a medical examination by a USCIS-approved physician. The cost of this medical exam can vary depending on the country and specific doctor but typically ranges from $200 to $500. The exam includes vaccinations, blood tests, and a general health screening.

 

b. Attorney Fees

While it is not mandatory to hire an immigration attorney, many couples choose to do so to ensure that their paperwork is filed correctly and to deal with any complications. Attorney fees for a marriage-based green card application can vary, depending on the complexity of the case and the attorney’s experience. For cases that involve additional legal issues, such as prior immigration violations or criminal records, the cost can be higher.

 

c. Translation and Document Certification Fees

Any documents not in English (such as birth certificates, marriage certificates, or police records) must be translated into English by a certified translator. The cost for translation services can vary, but it typically ranges from $20 to $40 per page, depending on the language and complexity of the document.

 

d. Passport Photos

You will need to submit passport-sized photos for various forms and applications throughout the green card process. Passport photos typically cost between $10 and $20 at pharmacies, post offices, or other photo services.

 

e. Travel Expenses (For Consular Processing)

If the foreign spouse is applying from abroad, they will need to travel to the US embassy or consulate for their interview. This may require paying for transportation, accommodation, and other travel-related costs.

 

f. Affidavit of Support (Form I-864)

The US citizen or lawful permanent resident sponsor must submit an Affidavit of Support (Form I-864) to demonstrate that they can financially support the foreign spouse. If the sponsor’s income doesn’t meet the required threshold, they may need to find a joint sponsor. While there is no direct fee for filing Form I-864, gathering the required documentation (such as tax returns, proof of employment, etc.) may involve additional administrative costs, such as fees for obtaining certified copies of financial records.

 

g. Miscellaneous Costs

Depending on your specific situation, you may encounter additional costs, such as fees for obtaining police certificates, civil documents, or certified copies of personal documents. These costs vary by country and region.

 

Section E: Marriage Green Card Processing Times

 

The processing time for a green card through marriage can vary significantly depending on several factors, including the type of application, the couple’s location, and the specific US Citizenship and Immigration Services (USCIS) office handling the case.

 

1. Typical Processing Times for Marriage Green Card Applications

 

Understanding the timeline and potential delays can help you manage expectations and plan accordingly.

Currently, processing times are as follows:

 

Table: Typical Processing Times for Marriage Green Card Applications

Applicant Category	Application Location	Typical Processing Time
Spouses of U.S. Green Card Holders	Applying Inside the U.S.	29 to 40 months
	Applying Outside the U.S.	24 to 36 months (including consular processing)
Spouses of U.S. Citizens	Applying Inside the U.S.	10 to 13 months
	Applying Outside the U.S.	12 to 18 months (including consular processing)

 

a. Spouses of US Citizens Applying from the US (Adjustment of Status)

If your spouse is a US citizen and you currently live in the US, application processing is around 10-24 months.

 

b. Spouses of US Citizens Applying from outside the US (Consular Processing)

If your spouse is a US citizen and you currently live outside the United States, it takes, on average, 12 to 16 months to get a marriage Green Card.

 

c. Spouses of US Green Card Holders

Spouses of Green Card holders first have to wait for a green card to become available after their sponsor has filed Form I-130. This applies if you are applying from outside or within the US.

Typically, it takes about two years for a Green Card to become available, with the entire process lasting around three years to receive your Green Card.

 

2. Fast-Tracked Marriage Green Card Processing

 

There is currently no option to pay for expedited or fast-tracked processing for a marriage-based green card application. However, in certain situations, it may be possible to request expedited processing from US Citizenship and Immigration Services (USCIS) if there are urgent circumstances. These circumstances might include severe financial loss, urgent humanitarian reasons, or national interest situations.

USCIS considers these requests on a case-by-case basis, and the criteria are strict. Even if expedited processing is granted, it only speeds up the initial review of the application, not the entire process.

Additionally, premium processing, which is a paid service that expedites certain immigration applications, is not available for family-based green card applications, including those based on marriage.

If you believe your situation warrants expedited processing, speak to our immigration attorneys to evaluate your circumstances and guide you through the request process.

 

3. Factors That Can Delay Processing

 

Green Card processing is subject to a number of factors:

 

a. Service Center Backlogs

USCIS service centers and US embassies/consulates handle a large volume of applications, which can create backlogs that delay processing times. Some USCIS offices and consulates may experience longer wait times due to higher caseloads. Processing times can also vary between different regions in the US and countries abroad.

 

b. Incomplete or Incorrect Documentation

Submitting incomplete or incorrect forms or failing to provide sufficient supporting documentation can result in delays. USCIS may issue a Request for Evidence (RFE), asking for additional documentation, which can extend the processing time by several months. It’s important to carefully review all forms and provide thorough evidence to avoid RFEs.

 

c. Background Checks and Security Clearances

USCIS conducts background checks and security clearances for all green card applicants. If there are issues such as prior immigration violations, criminal records, or concerns about the applicant’s security status, this can lead to delays. In some cases, these checks may require additional time to resolve.

 

d. Scheduling the Green Card Interview

The timing of the Green Card interview can vary depending on the workload of the local USCIS office. Some offices have longer wait times due to backlogs, while others may schedule interviews more quickly. If your local office is particularly busy, it could delay the interview and, subsequently, the final decision on your application.

 

e. Biometrics Appointment Delays

The biometrics appointment, where the foreign spouse provides fingerprints and photographs for background checks, is typically scheduled shortly after the application is filed. However, delays in receiving a biometrics appointment can slow down the entire process. Missing or rescheduling the biometrics appointment can also result in further delays.

 

f. Inadequate Financial Support (Form I-864)

The US citizen or lawful permanent resident sponsor must submit Form I-864 (Affidavit of Support) to prove they can financially support the foreign spouse. If the sponsor’s income does not meet the required threshold, they may need to find a joint sponsor, which can delay the process. Additionally, providing incomplete financial documents can result in RFEs, further extending the timeline.

 

g. Marriage Legitimacy Concerns

If USCIS suspects that the marriage is not bona fide (genuine), they may require additional evidence or conduct a Stokes interview (a more in-depth, separate interview of both spouses). These steps can prolong the processing time, as USCIS will need additional time to review the case.

 

h. Foreign Government Delays

For applicants going through consular processing, delays may occur due to processing times within the foreign government. This could involve obtaining police certificates, civil documents, or passport renewals that are required for the visa interview. Delays from the foreign government can extend the time it takes to prepare for the consular interview.

 

i. Travel or Absence from the US

For spouses applying through adjustment of status, traveling outside the US without advance parole (Form I-131) can cause delays or even result in the denial of the application. It’s important to stay in the US until the application is approved or until advance parole is granted.

 

j. Pandemic or Global Events

Global events, such as the COVID-19 pandemic, can result in temporary closures or reduced staffing at USCIS offices and US consulates, leading to delays. These factors are beyond the applicant’s control but can significantly impact processing times.

 

Section F: Common Green Card Marriage Pitfalls

 

Applying for a Green Card through marriage involves a complex process with multiple forms, evidence requirements, and interviews. While many couples successfully navigate the process, there are several common pitfalls that can delay or even jeopardize a Green Card application. It’s essential to be aware of these potential mistakes and understand the serious consequences of submitting a fraudulent marriage-based green card application.

Mistakes to avoid during the application process include:

 

1. Submitting Incomplete or Incorrect Forms

One of the most common mistakes is failing to properly complete the required forms. Missing information, incomplete sections, or errors in the forms can lead to a Request for Evidence (RFE) or even a denial of the application.

Avoid this issue by double-checking all forms before submitting them. Consider seeking the help of an immigration attorney or consultant to ensure accuracy and completeness. Always use the latest versions of USCIS forms from the official USCIS website.

 

2. Failing to Provide Sufficient Supporting Evidence

To prove the legitimacy of your marriage, USCIS requires substantial evidence, such as joint financial records, photographs, affidavits from friends and family, and documents proving cohabitation. Failing to provide enough evidence of a bona fide marriage can result in delays or denials.

Gather and submit a variety of evidence that demonstrates the authenticity of your relationship. Include joint bank account statements, leases, utility bills, and photos from important events in your relationship (e.g., wedding, holidays, family gatherings).

 

3. Inconsistencies in Information Provided

Inconsistent information between different forms or during the green card interview can raise red flags for USCIS. For example, if your address on Form I-130 doesn’t match the address on Form I-485, or if you and your spouse give conflicting answers in the interview, it can lead to suspicion and delays.

Review all submitted forms to ensure that the information is consistent. Both spouses should be on the same page regarding the details of their relationship, daily lives, and household.

 

4. Missed Deadlines or Appointments

Missing deadlines for submitting documents or failing to attend biometrics appointments or interviews can significantly delay the process or even result in the application being denied.

Keep track of all deadlines and appointment dates. Set reminders and prepare documents well in advance to avoid any last-minute issues. If you need to reschedule an appointment, do so as soon as possible.

 

5. Insufficient Financial Documentation for Form I-864 (Affidavit of Support)

The US citizen or lawful permanent resident sponsor must demonstrate that they have the financial means to support their spouse by submitting Form I-864 (Affidavit of Support). If the sponsor’s income doesn’t meet the required threshold, the application can be delayed or denied.

Ensure that the sponsor’s income meets the required poverty guidelines for household size. If necessary, seek a joint sponsor who meets the financial requirements and can provide the necessary documentation.

 

6. Traveling Without Advance Parole

If the foreign spouse is applying for adjustment of status from within the US and leaves the country without obtaining advance parole (Form I-131), their application can be considered abandoned, resulting in denial.

Do not travel outside the US until you receive advance parole approval unless absolutely necessary. If travel is required, apply for advance parole early to avoid disruptions to the green card process.

 

7. Misunderstanding Eligibility Requirements

Some applicants misunderstand basic eligibility requirements, such as whether their marriage is recognized under US law or whether they qualify for adjustment of status. For example, spouses of lawful permanent residents may have different processing times and restrictions compared to spouses of US citizens.

Review eligibility requirements carefully before starting the application process. If uncertain, consult an immigration attorney or legal expert to clarify your situation.

 

8. Incorrect Filing of Fees

Filing fees are non-refundable, so submitting incorrect payments can result in delays and additional costs. Using an outdated fee schedule or failing to account for multiple forms can cause complications.

Always refer to the USCIS website for the most up-to-date filing fees, and ensure that you submit the correct amount for each form. Payment errors can delay the entire process.

 

Section G: Green Card Marriage Fraud

 

Green card marriage fraud occurs when individuals enter into a marriage solely for the purpose of obtaining immigration benefits, such as a green card, rather than for genuine reasons.

The US government, through agencies like US Citizenship and Immigration Services (USCIS) and Immigration and Customs Enforcement (ICE), actively investigates and prosecutes cases of marriage fraud to uphold these laws and protect the immigration process from abuse.

 

1. What is Marriage Fraud in US Immigration?

 

US immigration law strictly prohibits this type of fraud, recognizing the importance of maintaining the integrity of the immigration system. The legal framework surrounding marriage fraud is designed to prevent individuals from exploiting marriage as a shortcut to permanent residency in the United States.

For marriages less than two years old at the time of Green Card approval, the foreign spouse receives a conditional green card. If fraud is suspected when the couple files Form I-751 (Petition to Remove Conditions on Residence), USCIS may deny the petition and place the foreign spouse in removal proceedings.

 

2. Legal Framework

 

The specific laws prohibiting marriage fraud in the United States are outlined primarily in the Immigration and Nationality Act (INA) and the US Criminal Code. The key provisions are contained in:

 

a. Immigration and Nationality Act (INA) Section 204(c)

INA § 204(c) prohibits the approval of any visa petition if there is evidence that the marriage was entered into solely for the purpose of evading US immigration laws. This means that if USCIS determines that a marriage is fraudulent, they can deny any visa petitions filed on behalf of the foreign spouse.

 

b. Immigration and Nationality Act (INA) Section 275(c)

INA § 275(c) makes it a criminal offense to knowingly enter into a marriage for the purpose of evading immigration laws. Penalties for violating this provision can include fines and imprisonment of up to 5 years.

 

c. US Criminal Code, Title 18, Section 1546

18 USC § 1546 addresses fraud and misuse of visas, permits, and other immigration documents. It is illegal to knowingly and willfully commit fraud, misrepresent material facts, or use fraudulent documents in immigration applications. Those found guilty can face fines, imprisonment for up to 10 years for the first offense, and up to 25 years if the offense is related to terrorism or drug trafficking.

 

d. US Criminal Code, Title 18, Section 1001

18 USC § 1001 criminalizes making false statements or providing false documentation to any federal agency, including USCIS, in connection with immigration applications. Violations can result in fines and imprisonment for up to 5 years.

 

e. Immigration and Nationality Act (INA) Section 237(a)(1)(G)

INA § 237(a)(1)(G) provides that a foreign national who is found to have engaged in marriage fraud can be deported. This section specifically states that an individual who procured or attempted to procure a visa or other documentation through marriage fraud is removable from the United States.

 

3. Consequences of Marriage Fraud

 

A fraudulent marriage, also known as a “sham marriage,” is one entered into solely for the purpose of obtaining immigration benefits. USCIS takes marriage fraud very seriously, and the consequences are severe for both the US citizen and the foreign spouse.

For the US citizen, penalties can include up to five years in prison, fines of up to $250,000, and possible legal action for aiding and abetting immigration fraud.

The foreign spouse can face deportation and a permanent ban from entering the US. They may also face criminal charges and fines, depending on the level of involvement in the fraudulent marriage.

If USCIS determines that a marriage is fraudulent, the foreign spouse will likely be placed in removal (deportation) proceedings. Even if the marriage is later determined to be genuine, proving this during removal proceedings is extremely difficult, and the foreign spouse may still be barred from re-entry into the US.

Being caught in a fraudulent marriage damages both spouses’ credibility. It can also lead to future scrutiny in any immigration or legal matters. For example, a US citizen who has previously engaged in marriage fraud may have future family petitions reviewed more rigorously by USCIS.

Foreign nationals involved in marriage fraud may also be permanently banned from obtaining any immigration benefits in the US, such as applying for future visas, green cards, or citizenship.

 

4. How to Avoid Being Accused of Marriage Fraud

 

In your application, documents and interview, you and your spouse have to prove the authenticity of your relationship, and overcome any concerns or objections of the adjudicator about its validity.

The best way to avoid suspicion of marriage fraud is to provide a range of convincing evidence that shows your relationship is real. Include documents such as joint bank accounts, insurance policies, leases, and photos of you and your spouse with family and friends.

Both spouses should attend the green card interview together and be prepared to answer detailed questions about their relationship. Inconsistent answers or lack of knowledge about basic facts (such as where your spouse works or lives) can raise red flags.

While marriage to a US citizen can help an immigrant spouse obtain a green card, it should not be the sole reason for getting married. Couples should build a genuine relationship and only marry when both partners are ready.

Never attempt to create false evidence of your relationship. Falsifying documents, such as staged photos or forged financial records, can result in immediate rejection of the application and potential legal consequences.

 

5. Tips for Proving Your Green Card Marriage is Legitimate

 

There are steps you can take to ensure your Marriage Green Card application is thorough in proving the legitimacy of your relationship:

 

a. Be Honest and Consistent

The most important thing during the interview is to be honest. Even if you forget a small detail or make a mistake, it’s better to admit that you don’t remember than to provide inconsistent or incorrect information.

Consistency in your answers is key to proving the legitimacy of your marriage.

 

b. Prepare Together

Before the interview, review the timeline of your relationship, including how you met, your wedding details, and major life events. While you don’t need to memorize answers, it’s helpful to discuss these details so you both feel confident during the interview.

 

c. Bring Evidence

Bring original documents and any additional evidence that can help prove your marriage is genuine. Examples include:

 

i. Photos of you together from various points in your relationship, including at family events, holidays, or vacations.
ii. Joint bank account statements, utility bills, or lease agreements that show both names.
iii. Correspondence or communication records (texts, emails) between you and your spouse.
iv. Affidavits from family and friends who can attest to your relationship.

 

d. Dress and Act Professionally

Treat the interview seriously by dressing appropriately and being polite to the interviewing officer. While this isn’t a formal job interview, presenting yourself well shows respect for the process.

 

e. Don’t Overprepare or Sound Scripted

While it’s important to review key details about your relationship, avoid sounding rehearsed or scripted during the interview. Speak naturally and answer questions thoughtfully.

 

f. Understand Your Paperwork

Make sure both you and your spouse are familiar with all forms and supporting documents you’ve submitted. The officer may ask questions based on these documents, and it’s crucial that both spouses can confidently discuss them.

 

g. Relax and Stay Calm

Nerves are natural, but try to stay calm during the interview. Officers understand that people may be nervous, and being composed will help you answer questions clearly and effectively.

 

Section H: Maintaining Legal Status After Approval

 

Once a foreign spouse receives their green card through marriage, they are granted the legal right to live and work in the United States as a lawful permanent resident.

However, being a green card holder comes with both rights and responsibilities that must be carefully followed to maintain legal status.

In addition, for those who wish to take the next step, US citizenship is an option, but it requires fulfilling specific conditions and timelines.

 

1. Rights of Green Card Holders

 

Green card holders have the unrestricted right to live anywhere in the US and seek employment without needing additional work authorization. They can take up employment in any sector, including government jobs (though some federal positions are restricted to US citizens).

 

Table: Green Card Holder Rights vs. Responsibilities

Rights	Responsibilities
Right to live and work in the U.S.	File U.S. taxes
Right to apply for U.S. citizenship	Maintain continuous U.S. residence
Right to travel abroad	Obey all U.S. laws
Sponsor immediate family members	Carry your green card at all times

 

Green card holders can travel outside the US and re-enter, but there are limitations. While short trips are permitted, staying outside the US for more than six months can raise questions about maintaining residency. Absences of more than one year require special re-entry permits to avoid the risk of being considered to have abandoned your permanent residency.

As a green card holder, you can petition to bring immediate family members (spouse and unmarried children under 21) to the US. However, the wait times for family-based immigration petitions filed by green card holders are typically longer than those filed by US citizens.

After meeting certain residency requirements, green card holders have the right to apply for US citizenship through naturalization.

Green card holders may be eligible for some public benefits, such as Social Security, Medicare (after meeting specific conditions), and state-based benefits. However, access to federal means-tested programs may be restricted for a certain period after receiving the green card.

 

2. Responsibilities of Green Card Holders

 

Green card holders must abide by all federal, state, and local laws. Serious criminal offenses or immigration violations (e.g., marriage fraud, visa overstays) can result in deportation or removal proceedings.

Green card holders are required to maintain their residence in the US. If a green card holder spends too much time outside the US without proper documentation, they could lose their permanent residency. Absences of six months to one year can complicate re-entry, and absences over one year without a re-entry permit may lead to the loss of permanent residency.

Green card holders are required to file US taxes on their worldwide income, even if they live or earn money abroad. Failing to file taxes can result in penalties and impact future immigration benefits, including applying for citizenship.

Green card holders are legally required to carry their green card at all times as proof of their lawful status in the US. Failure to present the card when requested by authorities can result in a fine.

Green card holders must inform USCIS of any change in address within 10 days of moving by filing Form AR-11 (Change of Address). Failure to do so may lead to penalties and difficulties with future immigration applications.

 

Section I: Marriage Green Card to US Citizenship

 

For green card holders who wish to take the next step, becoming a US citizen is possible through the naturalization process.

You will need to evidence that you meet the relevant minimum residence period requirement, as well as the continuous and physical presence requirements, i.e. that you have spent the majority of the qualifying period living with your US spouse in the United States and that you meet the other requirements for US naturalization, including being of good moral character, able to read, write and speak English and to demonstrate a basic understanding of the fundamentals of US history and government.

Once permanent residents have naturalized, they will be entitled to all the rights and privileges granted to US citizens.

 

1. US Citizenship Through Marriage Timelines

 

The timeline for applying for US citizenship depends on the duration of the marriage and residency in the US.

 

Table: Timeline to Apply for U.S. Citizenship

Situation	Eligibility Timeline
Married to a U.S. citizen	3 years of holding a green card
Married to a U.S. citizen but no longer living together	5 years of holding a green card
Received green card through other means	5 years of holding a green card

 

a. Three-Year Rule for Spouses of US Citizens

If you received your Green Card based on marriage to a US citizen, you may apply for US citizenship after three years of holding permanent residency. To qualify, you must:

 

i. Be married to and living with the US citizen spouse for at least three years before applying.

ii. Have been physically present in the US for at least 18 months (out of the three years).

iii. Demonstrate good moral character and knowledge of US civics and the English language.

iv. Have maintained continuous residence in the US during this period.

 

b. Five-Year Rule for Lawful Permanent Residents

If you received your Green Card through marriage to a US permanent resident (or no longer live with your US citizen spouse), you may apply for US citizenship after five years of holding permanent residency. To qualify, you must:

 

i. Have been physically present in the US for at least 30 months (out of the five years).

ii. Demonstrate good moral character and basic knowledge of US government and English.

iii. Maintain continuous residence in the US during the five-year period.

 

2. US Naturalization Process

 

Once you meet the residency requirements, the naturalization process involves several steps:

 

Step 1: Filing Form N-400 (Application for Naturalization)

Submit the naturalization application along with the filing fee.

 

Step 2: Biometrics Appointment

You will be scheduled for biometrics to confirm your identity and conduct background checks.

 

Step 3: Interview and Civics Test

You will attend an interview where a USCIS officer will review your application, test your English proficiency, and ask questions from the US civics test.

 

Step 4: Oath of Allegiance

If approved, you will take the Oath of Allegiance at a naturalization ceremony and officially become a US citizen.

 

3. Maintaining Permanent Residency During Naturalization Process

 

Until you are sworn in as a US citizen, you must continue to maintain your permanent residency status. Avoid extended trips outside the US and stay compliant with tax obligations during the naturalization process.

 

Section J: Summary

 

A Marriage Green Card allows a foreign spouse of a US citizen or lawful permanent resident to live and work legally in the United States. It is obtained through a marriage-based immigration process designed to confirm the legitimacy of the relationship. The process involves submitting necessary forms, providing evidence of a genuine marriage, and often attending an interview with immigration officials.

Applicants should be aware of several risks and considerations. One important concern is ensuring that all documentation is accurate and complete. Mistakes or missing information can cause delays, requests for additional evidence, or even denial of the application. Consistency between forms and interview answers is critical, as discrepancies may raise questions about the validity of the marriage.

Another major risk involves the strict scrutiny around fraudulent marriages. Entering into a sham marriage solely for immigration benefits is illegal and carries severe consequences, including fines, imprisonment, and deportation.

Processing times can vary, often taking several months or longer, depending on the couple’s circumstances and the workload at immigration offices. Applicants must also consider legal and financial responsibilities, such as submitting an affidavit of support, which are key factors to carefully manage throughout the process.

 

Section K: Need Assistance?

 

As specialist US immigration and nationality attorneys, we help non-American spouses with Green Card applications.

Marriage Green Card rules are onerous, and the eligibility criteria are strict, leaving no room for error or omission. With exceptional knowledge and insight into US application processes, we can guide you through the process, from compiling your submission and supporting documents, to advising on and supporting you with interview preparation.

Whether you are living in the US or overseas, and you are looking to apply for a US Green Card to join your spouse in the USA, contact us.

 

Section L: Marriage Green Card FAQs

 

What is a marriage-based green card?
A marriage-based green card allows the spouse of a US citizen or lawful permanent resident to live and work in the US as a permanent resident.

 

How long does it take to get a green card through marriage?
The processing time varies but typically takes between 10 to 13 months for spouses of US citizens and longer for spouses of green card holders.

 

What is the difference between a conditional green card and a permanent green card?
A conditional green card is issued to couples married for less than two years at the time of approval and is valid for two years. A permanent green card does not have these conditions and is usually issued after two years of marriage or upon removal of conditions.

 

Can I apply for a green card if I am already in the US?
You can apply for a green card through the adjustment of status process if you are already in the US on a valid visa or another lawful status.

 

What documents do we need to provide for a marriage-based green card?
You will need to provide documents such as your marriage certificate, proof of bona fide marriage (like joint bank accounts or lease agreements), and financial documents like tax returns and pay stubs.

 

What is a bona fide marriage, and why is it important?
A bona fide marriage is one that is genuine and not entered into for immigration benefits. Proving a bona fide marriage is crucial for obtaining a green card through marriage.

 

Do we have to attend an interview for a marriage-based green card?
Most couples will need to attend an interview where they will be asked questions to verify the authenticity of their marriage.

 

Can I apply for a green card if I am already in the US?
You can apply for a green card through the adjustment of status process if you are already in the US on a valid visa or another lawful status.

 

Can I work while waiting for my marriage-based green card?
You can apply for work authorization (Form I-765) while your green card application is being processed, allowing you to work legally in the US.

 

What happens if we get divorced before my green card is approved?
Divorce before your green card is approved can complicate your application and may lead to denial. It’s important to consult with an immigration attorney if you are in this situation.

 

Is it possible to travel outside the US while my green card application is pending?
Yes, but you will need to obtain advance parole before traveling to ensure you can re-enter the US without abandoning your green card application.

 

Section M: Glossary

 

Term	Definition
Green Card	A document that grants permanent residency in the US, allowing the holder to live and work in the US indefinitely.
Marriage-Based Green Card	A green card obtained through marriage to a US citizen or lawful permanent resident, allowing the spouse to live and work in the US.
Form I-130	The Petition for Alien Relative form, filed by a US citizen or green card holder to establish the relationship with the spouse seeking a green card.
Form I-485	The Application to Register Permanent Residence or Adjust Status form, used by individuals already in the US to apply for a green card.
Adjustment of Status	The process by which an eligible individual already in the US applies for a green card without leaving the country.
Consular Processing	The procedure for applying for a green card at a US embassy or consulate in the applicant’s home country when they are outside the US.
Bona Fide Marriage	A genuine marriage entered into with the intent of building a life together, not solely for immigration benefits.
Biometrics Appointment	A required appointment where green card applicants provide fingerprints, photographs, and signatures for background checks.
Conditional Green Card	A temporary green card issued to spouses married for less than two years at the time of approval, valid for two years.
Permanent Green Card	A green card without conditions, typically issued after two years of marriage or after the removal of conditions from a conditional green card.
Removal of Conditions	The process of applying to remove the conditions on a conditional green card, usually done by filing Form I-751 after two years of marriage.
Form I-751	The Petition to Remove Conditions on Residence form, used by conditional green card holders to apply for a permanent green card.
Affidavit of Support	A document (Form I-864) filed by the US citizen or green card holder sponsoring the spouse, proving they can financially support the spouse in the US.
USCIS	United States Citizenship and Immigration Services, the agency responsible for processing immigration and green card applications.
Visa Bulletin	A monthly publication by the US Department of State that provides information on visa availability and priority dates for green card applicants.
Work Authorization	The legal right granted to green card applicants to work in the US while their application is being processed, often obtained through Form I-765.
Advance Parole	A travel document that allows green card applicants to re-enter the US after traveling abroad without abandoning their application.
Public Charge	A ground of inadmissibility used to determine whether an applicant is likely to become dependent on government assistance, which can affect green card eligibility.
K-1 Visa	A visa that allows the fiancé(e) of a US citizen to enter the US for the purpose of marriage, after which they can apply for a green card.
Interview Waiver	A situation where the green card interview is waived by USCIS, usually when the evidence submitted is sufficient and the case is straightforward.
Priority Date	The date when a green card petition is filed, used to determine an applicant’s place in line for visa processing in certain categories.
USCIS Interview	An in-person meeting with a USCIS officer where the couple is interviewed to verify the authenticity of their marriage and eligibility for a green card.

 

Section N: Additional Resources

 

US Citizenship and Immigration Services (USCIS)
https://www.uscis.gov
The official government website for USCIS provides comprehensive information on the green card application process, including required forms, filing instructions, and case status tracking.

 

USCIS Processing Times
https://egov.uscis.gov/processing-times/
This resource allows you to check the current processing times for various USCIS forms, including those related to marriage-based green cards, helping applicants estimate how long their case might take.

 

National Visa Center (NVC)
https://travel.state.gov/content/travel/en/us-visas/immigrate/national-visa-center.html
The NVC processes immigrant visa applications and prepares them for consular interviews. This resource provides detailed guidance on consular processing for spouses applying from abroad.

 

Form I-864, Affidavit of Support
https://www.uscis.gov/i-864
This page provides instructions on completing Form I-864, a critical form used to demonstrate that the sponsoring spouse can financially support the foreign spouse.

 

Form I-130, Petition for Alien Relative
https://www.uscis.gov/i-130
Detailed information and instructions for filing Form I-130, which is the first step in sponsoring a spouse for a green card.

 

Form I-485, Application to Adjust Status
https://www.uscis.gov/i-485
Guidance on filing Form I-485, which allows a foreign spouse already in the US to apply for a green card without needing to leave the country.

 

Form DS-260, Immigrant Visa Application
https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/completing-the-immigrant-visa-application-online-form-ds-260.html

Official instructions for completing the DS-260 form, required for spouses applying for an immigrant visa through consular processing.

 

American Immigration Lawyers Association (AILA)
https://www.aila.org
A professional organization providing resources and a directory to find experienced immigration attorneys who can assist with marriage-based green card applications.

 

USCIS Green Card Interview Information
https://www.uscis.gov/green-card/after-we-grant-your-green-card/green-card-interview-questions
Information on what to expect during the green card interview, including examples of common questions and preparation tips.

 

Internal Revenue Service (IRS) – US Tax Guide for Aliens
https://www.irs.gov/individuals/international-taxpayers/taxation-of-aliens
An overview of tax obligations for green card holders, including information on reporting worldwide income and fulfilling US tax responsibilities.