The Marriage Green Card Process: Status Through a US Green Card Holder
Welcome~
This guide is for married couples where one spouse is a U.S. permanent resident, one spouse is seeking a green card, and both of you are living in the United States.
Applying for your green card is an investment of time and money, but is often a necessary part of being able to live with your spouse in the US. Hiring an attorney allows you to streamline the process and file with confidence. Book a consultation or email Attorney Parker to get started today.
Step 1: File the I-130, I-130A
The first step to completing a green card application is for the spouse that already has a green card (also called the “sponsor” or “petitioner”) to file an I-130, Petition for Alien Relative. The purpose of this form is to establish that a valid marriage exists. The spouse applying for a green card (also called the “beneficiary”) will need to complete and sign the I-130A, Supplemental Information for Spouse Beneficiary, to be filed with the I-130.
File the I-130 and I-130A by mailing it to the appropriate USCIS address. Within about 2 weeks, you should receive a receipt notice in the mail from USCIS. If they need more information, they will typically send a "Request for Evidence" (RFE) within 2-3 months.
The time it takes for USCIS to make a decision on your I-130 can vary between about 5-37 months.
Step 2: Waiting
Since the spouse seeking a green card is present in the United States, the next step would be to file Form I-485, Adjustment of Status. However, because the sponsoring spouse is a green card holder themselves, rather than a U.S. citizen, there is an extra waiting period before you can file the I-485. The dates published in the State Department’s monthly visa bulletin determine when a green card is available, and when you can file the I-485, given annual limits.
While waiting for a green card to become available, the spouse seeking a green card (beneficiary) must maintain continuous lawful immigration status in the US. This means that they should be in valid “nonimmigrant status” (for example, having a valid student visa or work visa) for the entire time that they are waiting for a green card to become available. Unlike spouses of U.S. citizens who may still file a green card application even if their immigration status lapses, spouses of U.S. green card holders may not file green card applications if they have a lapse in legal status.
Step 3: Submitting the I-485, I-864, & Supporting Documents
Once the State Department indicates that a visa number is available via the visa bulletin, you may file the full green card application package with USCIS to establish that the beneficiary spouse is eligible for a green card. This includes the Green Card Application Form (I-485), the Financial Support Form (I-864), and supporting documents. Additionally, you may file the Work Permit Application Form (I-765) or the Travel Permit Application Form (I-131) if you would like to work in the US or travel abroad while awaiting on your green card.
About 2 weeks after filing the application package with the applicable filing fees to USCIS, you should receive official “receipt numbers” in the mail.
Step 4: Medical Exam
The spouse seeking a green card must have a medical examination performed by a USCIS-approved physician. You can find an approved physician near you by using this link. At the appointment, your doctor will give you a sealed envelope containing your exam results and vaccination record (Form I-693).
There are 3 options of how you can submit the results:
You may attend the medical exam before submitting the green card application (I-485) and include it with the application.
You may submit the medical exam results soon after submitting the green card application.
You may bring the results with you to your green card interview.
Step 5: Biometrics Appointment
You will receive notice of a biometrics appointment in the mail about a month after USCIS receives your I-485 application. The appointment is typically scheduled at a USCIS field office near where you live. During the appointment, USCIS will take fingerprints and photographs used to conduct a background check. The green card-holding spouse is not required to attend.
Step 6: Interview
Once USCIS has processed your green card application materials, you will be issued an appointment notice for both spouses to attend an interview at a USCIS office near you. The purpose of this interview is so that the officer can make sure the marriage is authentic. It’s important to be honest during the interview, but you can always share with an officer if you don’t feel comfortable answering a certain question, as they can be quite personal. You won’t know the exact questions you will be asked beforehand, but some common topics include the how your relationship started, the marriage proposal, what the wedding was like, the honeymoon, daily routines, habits, your kids if you have any, and questions about birthdays or other celebrations you have spent together. If you are feeling nervous about the interview, it may be helpful to practice talking about these subjects beforehand.
Step 7: The Decision
If the officer at your interview appointment is sufficiently convinced that the marriage is authentic, they will approve your application, sometimes even before you leave the interview! You will get a physical green card in the mail, typically within 2-3 weeks after being approved.
If you’ve been married for less than 2 years, you will receive a CR1, conditional green card. Conditional green cards are valid for 2 years and must be renewed by filing a form to remove the conditions. If USCIS still believes your marriage is real when you file to remove conditions, you will receive a permanent green card.
However, if you have been married for more than 2 years when your green card is approved, you will be issued an IR1, permanent green card, also known as an immediate relative green card. These green cards are valid for 10 years and renewing them is usually a simple process.
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