Getting a Green Card Through Marriage

Each year over 450,000 United States citizens marry foreign nationals and petition for them to have permanent residence. As immediate relatives, there is no limit to the number of green cards given to spouses. We have all heard of people looking for love just to gain citizenship quickly and due to a history of fraud in this category, applicants are scrutinized. While only a U.S. citizen can bring a fiancé(e) to the United States, both a citizen and a permanent resident can bring a spouse to live and work permanently in the United States.

Process for a Marriage Based Green Card

The following steps outline the process for getting your spouse permanent resident status:

Step One: File the Petition

The U.S. citizen or permanent resident must petition for his/her spouse to the U.S. Citizenship and Immigration Services (USCIS) using Form I-130. Form I-130 is proof of you marriage. The U.S. citizen will also have to prove he is a U.S. citizen. Form G-325A details biographic information about both spouses and photos will have to submit of both spouses as well (photo requirements are the same for all green cards as detailed in the green card overview).

Step Two: Immigrant Visa Number

Once the petition is approved, the immigrant must wait for an immigrant visa number. If you marry a U.S. citizen, you are considered an immediate relative and the wait is only as long as the administrative process. If, however, you marry a Lawful Permanent Resident, you will be placed in category 2A of the family visa category and you may have to wait several years depending on the number of people from your home country also waiting for visas in that category.

Step Three: Medical Examination

Similar to all other types of green cards, the immigrant spouse will have to attend a medical examination and submit biometric information.

Step Four: Affidavit of Support

The petitioning spouse will also have to submit an affidavit of support which guarantees the United States government that you and spouse can financially support yourselves and your family. The spouse already in the United States has to prove the household income is enough to support the entire family at 125% or more above the U.S. poverty level for your family's size. The income requirement changes with inflation.

Conditional Green Card for New Marriages

If you receive a green card before your second wedding anniversary, the green card you receive will be a conditional green card which will require a request for the conditions to be removed after two years from the receipt of your initial green card. In order to get your initial green card, you must appear for an interview.

Whether both spouses are in the U.S. when you apply for a green card, or whether immigrant spouse is not in the U.S., you will both have to appear for an interview with either immigration officials or a consular officer. You and your spouse must present evidence that you have lived together for the two years since your marriage and offer proof of a bona fide marriage. The following documents will help you prove you and your spouse were living together for two years:

  • Shared financial/banking statements
  • Shared credit card statements
  • Shared contracts for an apartment or a house
  • Shared insurance policies
  • Sworn statements from people who know you both and who can swear you were together as a married couple for two years

The director of regional services in the area where you live will determine whether a personal interview is necessary or should be waived.

If you marry a U.S. citizen, each of your children must apply separately as an immediate relative of the U.S. citizen. The U.S. citizen must file a Form I-130 for each child. It is best if the U.S. citizen puts all the petitions in one packet so they are reviewed together.

Last Page: Diversity Lottery | Next Page: Permanent Residency for Special Immigrants

Talk to an Immigration attorney.
We've helped 85 clients find attorneys today.
There was a problem with the submission. Please refresh the page and try again
Full Name is required
Email is required
Please enter a valid Email
Phone Number is required
Please enter a valid Phone Number
Zip Code is required
Please add a valid Zip Code
Please enter a valid Case Description
Description is required

How It Works

  1. Briefly tell us about your case
  2. Provide your contact information
  3. Choose attorneys to contact you