In the United States, citizens and permanent residents can help their foreign spouses obtain legal status or join them in the country. This process supports family reunification by allowing close relatives to live together legally.
To get a Green Card through marriage, your application will undergo a detailed review by immigration authorities to confirm that the marriage is genuine. This process includes submitting various documents and attending an interview with an immigration officer to prevent fraud.
If you are engaged to a U.S. citizen and plan to marry within 90 days of entering the country, you can also apply for a Green Card through marriage. It’s highly recommended to consult with an experienced immigration lawyer before submitting your application to ensure you meet all requirements and avoid any delays.
In 2024, DHS has announced new actions to strengthen family unity as part of the immigration policy. In many cases, noncitizens married to U.S. citizens have to leave the U.S. and apply from their home country. The new process allows some noncitizen spouses of U.S. citizens to apply for permanent residency without leaving the country.
To be eligible for this process, individuals must meet the following conditions:
- They must have lived in the U.S. continuously for at least 10 years as of June 17, 2024.
- They must be married to a U.S. citizen by that date.
- They must not have a serious criminal record or pose a threat to public safety or national security.
Eligible children of these noncitizens may also be considered under the new process, as long as they meet the requirements.
If you're a U.S. citizen and want to bring your spouse to the United States, you need to take different steps depending on where your spouse is. If your spouse is already in the U.S., you should file both Form I-130 (Petition for Alien Relative) and Form I-485 (Application to Register Permanent Residence or Adjust Status) at the same time. If your spouse is outside the U.S., you only need to file Form I-130. Once it's approved, the consulate or embassy will guide you through the next steps.
If you're a Green Card holder and your spouse is in the U.S., you start by filing Form I-130 (Petition for Alien Relative). After a visa becomes available, you can then apply for your spouse to adjust their status to permanent residency using Form I-485 (Application to Register Permanent Residence or Adjust Status). If your spouse is outside the U.S., you file Form I-130, and once it's approved and a visa is available, the consulate or embassy will handle the rest.
Applying for a Green Card through marriage can be a straightforward process if you know the steps involved. This does not mean the process is simple or expedite, which is why it’s best to have all available information to avoid unnecessary mistakes. Here’s a quick guide to help you navigate the essential steps to secure lawful permanent residency for your spouse in the United States.
The U.S. citizen or Green Card holder will need to file a Form I-130 (Petition for Alien Relative) to establish the marital relationship with the noncitizen spouse.
If the foreign spouse is already in the United States, the U.S. citizen or Green Card holder can file Form I-485 (Application to Register Permanent Residence or Adjust Status) and Form I-130 (Petition for Alien Relative) simultaneously to apply for a Green Card.
Both spouses must attend an interview with USCIS to verify the authenticity of your marriage.
Be prepared to provide extensive documentation to support your case.
USCIS will review your application and, if approved, grant your spouse a Green Card.
Applying for a Green Card through marriage provides your spouse with permanent residency in the U.S., allowing them to live and work here indefinitely. This status also grants them the ability to work legally without needing a separate work visa and offers greater travel flexibility compared to temporary visa holders.
Additionally, Green Card holders can access various benefits, such as health care and social security, based on their employment and residency status. Over time, they can also pursue U.S. citizenship, securing full rights as an American citizen after meeting the residency requirements.
To apply for a Green Card through marriage, you need to file Form I-130, Petition for Alien Relative, to establish your relationship with your spouse. If your spouse is in the U.S., you can also file Form I-485, Application to Register Permanent Residence or Adjust Status, at the same time. After filing, you will attend an interview with USCIS to prove the legitimacy of your marriage.
A Green Card through marriage allows your spouse to live and work permanently in the U.S. It provides work authorization, travel flexibility, and access to various benefits like health care and social security. Additionally, after holding a Green Card for a certain period, your spouse can apply for U.S. citizenship.
During the application process, you'll need to submit Forms I-130 and, if applicable, I-485. You and your spouse will attend an interview with USCIS, where you must provide documentation proving that your marriage is genuine. After the interview, USCIS will review your case and make a decision.
If your spouse is outside the U.S., you should file Form I-130. Once it’s approved, the petition will be sent for consular processing. The consulate or embassy will then provide instructions on how to proceed with the application.
CALL
TEXT
WHATSAPP
