Are you married to a US citizen or lawful permanent resident? Are you planning to marry a US citizen or lawful permanent resident? If so, you should know that you are eligible for a green card based on your marriage to a US citizen or lawful permanent resident.

In this guide, you will find useful information about getting your US green card through marriage.

1. Introduction to Getting a Green Card Through Marriage

As the spouse of a US citizen or permanent resident, you are eligible to apply for your green card. To get a green card through marriage, your US citizen or US permanent resident spouse is required to file a Form I-130 on your behalf. Your spouse is the petitioner (person filing the petition) and you are the beneficiary (person benefitting from the petition).

With a green card, you can live and work in the United States, freely travel in and out of the US, attend US schools, and eventually apply to become a US citizen.

Getting a green card through marriage is not as simple as you might think. There are multiple requirements and steps that must be carefully followed. Failure to properly file your case or to follow each of the required steps can result in your case being delayed, or even worse, denied.

The requirements for getting a green card through marriage are slightly different depending on whether you are marrying a US citizen or a US permanent resident. I will make these differences clear throughout this guide.

2. Benefits of a Getting a Green Card Through Marriage

There a several benefits to getting a green card through marriage. Here are just a few:

Ability to live and work anywhere in the United States
Eligibility to adjust status in the United States, even if you have overstayed your visa or are out of status.
No need for a US company to sponsor you through a job offer
Ability to freely travel in and out of the US
Your unmarried children under 21 years old can also qualify for green cards as derivative beneficiaries to your case
Ability to sponsor your relatives once you become a US permanent resident
Access to US schools

3. Process of Getting a Green Card Through Marriage
There are multiple steps to getting your green card through marriage:

Marry a US Citizen or Lawful Permanent Resident
File Form I-130
Marriage Interview
File for Adjustment of Status/Consular Processing
Conditional Permanent Resident Status
Removal of Condition to Become Unconditional Permanent Resident
Naturalization

1. Marry a US Citizen or Lawful Permanent Resident

The first step to qualify for a green card through marriage is to marry a US citizen of lawful permanent resident. The marriage must take place before any immigration paperwork is filed.

Must be a valid marriage:

The marriage must be legally valid and recognized in the place where the marriage took place.
If the marriage ends within 2 years, it is presumed to be fraudulent.
The marriage cannot violate federal or state laws or public policy (incestuous marriages, polygamy, etc. are not allowed).
The key factor in determining whether the marriage is valid is whether the couple intended to create a life together at the time of the marriage.

2. File Form I-130

Once married, the next step is to file a Form I-130. The I-130, also called the “Petition for Alien Relative” is the first form that is filed with the United States Citizen and Immigration Services (USCIS).

The Form I-130 is filed along with several evidentiary documents including the marriage certificate, copies of passports, pictures together, documentation proving the validity of the marriage, etc.

3. Marriage Interview

After the Form I-130 is filed, USCIS may schedule an interview or investigate your case. USCIS will usually schedule an interview or conduct an investigation where there is a greater concern that the marriage is not legitimate.

When USCIS schedules a marriage interview, you should be prepared to prove that the marriage is legitimate. You should provide documentation, including photos and signed statements from friends/family affirming that the marriage is legitimate.

At the interview, the immigration officer may keep you in the same room or separate you.

You should be ready to answer following questions regarding the following topics:

Spouses upbringing and family information (how many siblings does your spouse have?)
Your relationship with your spouse (where did you meet?)
Current events in your relationship (what did you do together yesterday?)
Miscellaneous (how many televisions are in your home?)
Personal Information (spouse’s favorite food?)

4. File for Adjustment of Status/Consular Processing

The next step in the green card process is to either adjust status or apply for an immigrant visa abroad. This can be done in 2 ways: an adjustment of status or consular processing. Each of these options has different requirements. The option that you select will depend on your particular circumstances. I’ll explain both options below.

Adjustment of Status

An adjustment of status is the process of converting whatever status you currently hold in the US to permanent resident status. This process is handled entirely in the United States and is done by filing a Form I-485 with USCIS my case status. The Form I-485 is the “Application to Register Permanent residence of Adjust Status.”

In many cases, you can file the Form I-485 at the same time as your Form I-130; this is called concurrent filing.

Requirements for Adjustment of Status:

You must have entered the United States legally
You are physically present in the United States at the time the I-485 is filed
You cannot be inadmissible for immigration. There are 10 categories of reasons why someone may be inadmissible to the United States (based on criminal convictions, health-related issues, etc.). You cannot fall within any of these categories.
If you are marrying a US lawful permanent resident (non-US citizen) there are also some additional requirements to adjust status:

A visa must be currently available. There are limits to the number of visas that are issued to the spouses of US lawful permanent residents. To adjust status, you must make sure that there is a visa currently available at the time you file the Form I-485. You can check whether a visa is currently available using this link.
You must have never worked in the US without work authorization (no illegal employment)
You must have always maintained lawful status in the US. This means that you cannot have overstayed the length of time you were authorized to be in the US as shown on your Form I-94.
You cannot have entered through the visa waiver program.
Once your Form I-485 is approved, you are a conditional permanent resident or “unconditional” permanent resident, depending on your particular situation.

Consular Processing

If you are living outside of the US, or if you do not meet the requirements for doing an adjustment of status, then you must apply for an immigrant visa at a US consular office abroad.

Consular processing (also called “visa processing”) is the process of applying for an immigrant visa at a US consulate or embassy abroad. To apply for an immigrant visa, you must complete and submit a Form DS-260. The DS-260 (called the “Immigrant Visa Electronic Application” is completed and submitted online. You can visit the US Department of State website here to learn more about the DS-260.

Requirements to apply for immigrant visa:

Your Form I-130 must be approved.
You cannot be inadmissible to the US based on any of the 10 categories of inadmissibility (criminal convictions, health issues, etc.).
A visa must be currently available for you.
You must undergo a medical examination by a qualifying doctor.
You must attend an interview at a US consulate or embassy. At the interview, the immigration official will review the documents for your marriage case, your medical examination results, and other such evidence. They may also ask you questions about your marriage to determine that it is legitimate.
Upon successful completion of the consular interview, an immigrant visa will be affixed to your passport within a week. You can use the immigrant visa to seek entry to the United States. Upon entering, your classification becomes either conditional permanent resident or “unconditional” permanent resident depending on your situation.

5. Conditional Permanent Resident Status

If you become a permanent resident within the first 2 years of marrying your US citizen or permanent resident spouse, then you are considered a “conditional” permanent resident for a 2-year period.

If you have already been married for 2 years or longer at the time you become a permanent resident, then you directly become an “unconditional” permanent resident.

As a conditional permanent resident, you have the same rights and privileges as other permanent residents. You will be issued a permanent resident card (“green card”).

During this 2-year period, USCIS can terminate your conditional green card if it discovers that the marriage was not legitimate, or if the marriage terminates within the 2-year period (through divorce or annulment).

6. Removal of Condition to Become Unconditional Permanent Resident

At the end of the 2-year period of conditional permanent residence, you are required to file a joint petition to have the condition removed from your permanent resident status. To become an unconditional permanent resident, you are required to file a Form I-751 with USCIS. You are eligible to file the Form I-751 within 90 days before your 2-year conditional resident status expires.

The Form I-751 is required to be jointly filed. This means that both parties are required to sign the petition and declare that the marriage was legitimate. However, in certain situations, you may be able to apply for a waiver of the joint filing requirement. This would allow you to file your Form I-751 without your US citizen or lawful permanent resident spouse.

Here are the reasons why USCIS may grant a waiver of the joint filing requirement:

US citizen or lawful permanent resident spouse has died
The conditional permanent resident suffered battery or extreme cruelty at the hands of the US citizen
The marriage has ended through divorce or annulment
Extreme hardship
Documents to submit with Form I-751

A lease agreement or mortgage showing a shared residence
Evidence of shared bank accounts (commingled funds)
Birth certificates of children that were born during the marriage
Signed statements from friends and family that have personal knowledge of the legitimacy of the marriage
Once the Form I-751 is approved, you are officially an unconditional permanent resident.

7. Naturalization

Naturalization is the process of applying for and becoming a US citizen. While you are not required to naturalize to become a US citizen, as a permanent resident, you are eligible to apply for naturalization.

You are eligible to naturalize after being a permanent resident for 5 years. Your conditional permanent resident status counts toward the 5 years.

Here are some of the requirements to naturalize:

Must be 18 years or older at the time of filing your naturalization application.
Must have your green card for at least 5 years.
Must have lived in the state you are applying for naturalization in for at least 3 months.
You must have been physically present in the US for at least 30 months within the 5 years immediately preceding the filing of your naturalization application.
You must have good moral character.
You must have a basic understanding of US government and history.
You must have continuously resided in the US for at least 5 years prior to filing your naturalization application (no continuous absences for 180 days or longer)