GETTING A GREEN CARD THROUGH MARRIAGE - Step by Step Guide
Getting a green card through marriage to a U.S. citizen is one of the fastest ways to obtain permanent residence (and citizenship) in the United States. Yearly, about a million foreign nationals gain legal status in the U.S., and up to 25% of those are through marriage to a U.S. permanent resident or an American citizen. During the process, spouses will be able to stay in the U.S. under the K-3 visa. However, being married to a citizen or permanent resident doesn't automatically give you legal resident status in the U.S. There is an application process that must be followed. Green card marriages are some of the most scrutinized by the U.S. Citizenship and Immigration Services (USCIS).
What is a K-3 Visa?
The K-3 nonimmigrant visa is for the foreign-citizen spouse of a United States (U.S.) citizen. The K-3 visa allows the spouse of a U.S. citizen to enter the United States with temporary legal status while waiting to obtain permanent residence (a "green card"). K-3 visa recipients subsequently apply to adjust status to a permanent resident so that they can live permanently in the U.S. with their spouse. The K-3 visa processing time usually takes six to nine months which is quite long.
What are the Eligibility Criteria for the K3 Visa?
The K-3 visa is designed for couples who were legally married outside of the United States and is available to spouses who meet the following eligibility requirements:
The applicant must be the legal spouse of a U.S. citizen. (The K-3 visa is not available to spouses of U.S. green card holders.)
The applicant must currently reside in a country outside of the United States.
The U.S. citizen spouse must have already filed a family sponsorship form (Form I-130) that is currently pending with USCIS.
If the applicant has biological or adopted children who will also travel to the United States (on a K-4 visa), the children must be unmarried and under the age of 21.
How to Get a Marriage-Based Green Card?
You may qualify for a green card through a valid and legitimate marriage to a U.S. citizen or permanent resident. As the spouse of a U.S. citizen or permanent resident, you are eligible to apply for your green card. It requires a complicated process that has several stages involving both the petitioner and the beneficiary, which are listed below:
Form I-130 Petition
The first step towards acquiring a marriage-based green card is filing Form I-130, Petition for Alien Relative. The Form must be filed by a U.S. citizen or permanent resident on behalf of the beneficiary spouse and must be submitted to the United States Citizenship and Immigration Services (USCIS). 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.
By filing the Form, you are establishing the existence of a qualifying relationship between you and your spouse.
Apply for the green card (Form I-485 or Form DS-260)
Once you have filed your Petition for Alien Relative, the USCIS office will transfer the case to the National Visa Center (NVC). Once a handover is completed from the USCIS to NVC, they will gather the necessary forms and documentation to decide if the spouse seeking a green card is eligible for an interview at a U.S. Embassy or Consulate abroad.
As soon as everything is ready, it will usually take 3-5 months for the case to be forwarded to the relevant U.S. Embassy or Consulate in the spouse's country of residence. Once the case is ready for processing, the spouse will have to pay for processing fees and a financial support form fee. The financial support form is commonly known as the Affidavit of Support (Form I-864). Once all information is gathered, the NVC will take 1-2 months to make a decision.
For green card applicants living in the united states
If the spouse seeking a green card physically lives in the United States, the next step is to file Form I-485 (officially called the "Adjustment of Status" application). The I-485 is filed with USCIS. This Form allows you to "adjust status" from your current visa to a Marriage Green Card. If your spouse is a U.S. Citizen, then you will usually submit your Form I-485 at the same time as your Form I-130. This is called filing "concurrently." However, if your spouse is a Green Cardholder, you will have to wait several more months before submitting your Form I-485. The government will notify you when it is time to file your Form I-485.
For green card applicants living abroad
If you are currently living outside of the United States, you will use a process called Consular Processing to apply for a Marriage Green Card. With Consular Processing, you wait in your home country until USCIS approves your Form I-130. Once USCIS approves your Form I-130, the next step is to file an application package with the National Visa Center (NVC), which the State Department runs. The NVC gathers the necessary forms and documents and decides whether the spouse is ready for an interview at a U.S. embassy or consulate abroad).
Attend your Green Card Interview
The final step in the Marriage Green Card application process is a Green Card interview. The primary purpose of this interview is for the government to determine whether your application is legitimate and whether to give you a Green Card.
At your interview, the interviewing officer will ask you questions about your relationship with your spouse, your daily activities, and your plans as a couple. You should expect additional questions if your case has any facts that might suggest immigration fraud.
Are you eligible for a Marriage Green Card?
To be eligible for a Green Card through marriage, you must prove to USCIS the following things.
1. The sponsor must be lawfully married to the beneficiary- The United States government considers your marriage legally valid for immigration purposes if the government officially recognizes your marriage in the country where your marriage took place.
2. You are married to a U.S. Citizen or Lawful Permanent Resident.
*If you're married to a U.S. citizen- the government gives immediate relatives of a U.S. citizen priority in the Green Card process. You can prove that your spouse is a U.S. citizen by providing a copy of their birth certificate, U.S. passport, naturalization certificate, or certificate of citizenship with your application.
*If you're married to a Lawful Permanent Resident - Being married to a U.S. Green Card holder (lawful permanent resident) also entitles you to apply for a Green Card. A copy of your spouse's Green Card is sufficient proof of this requirement.
3. Your marriage is legitimate- Your marriage must also be based on a genuine, bona fide relationship and not entered into in order to gain immigration benefits. In other words, you must have married because you genuinely want to be married to one another and spend your lives together, and not simply in order to gain a green card.
4. Neither of you is married to anyone else- If you've been married in the past, you will have to provide a divorce decree, death certificate, or another document to prove your prior marriage has ended.
How long does it take to get a Marriage Green Card?
The duration of the process depends on whether you're already living in the United States and whether you're married to a U.S. citizen or a Green Cardholder. It can take a while, so many people start preparing their forms with their fiance up to 90 days before marriage.
If you're living in the U.S. and your spouse is a Green Cardholder, the total processing time will be 29-38 months from the date you file for Form I-130.
If you are living abroad while married to a Green Card holder, expect a wait time of 23–32 months until you get your green card.
How much does it cost to get a Marriage Green Card?
The total cost for a Marriage Green Card is approximately $1,760 if you are applying while living in the United States and roughly $1,200 if you are applying from abroad. These totals include the required U.S. government filing and biometrics fees, which are nonrefundable.
Can My Spouse Come to the United States to Live While the Visa Petition Is Pending?
If you are a U.S. citizen, once you file Form I-130, your spouse is eligible to apply for a nonimmigrant K-3 visa. This will entitle them to come to the United States to live and work while the visa petition is pending. However, seeking a K-3 visa can be an additional method for them to come to the United States.
Can I work while I wait for my Marriage Green Card?
If you applied for your Green Card while living in the United States, then Yes! But you will need to apply for employment authorization when you file your Form I-485. You can do this by submitting a Form-I765 Application for Employment Authorization when you apply to adjust your status. There is no additional fee if you submit your I-765 with your I485. You will usually receive your work permit 4-6 months after submitting these forms.
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