Green card by marriage in usa

Following-to-Join Benefits

This section is for beneficiaries who became permanent residents through a preference classification.

The relationship existed at the time you became a permanent resident and still exists, AND
You received an immigrant visa or adjusted status in a preference category.

Form I-824, Application for Action on an Approved Application or Petition
A copy of the original application or petition that you used to apply for immigrant status
A copy of Form I-797, Notice of Action, for the original application or petition

If you are in the United States and have not yet filed to adjust your status to permanent resident, you can file Form I-824 with your Form I-485, in which case no supporting documents are needed other than those submitted with Form I-485.

Conditional Approval

USCIS requires many supporting documents and the list varies from person to person. The number of documents needed ranges between 13 and 47 (or more). In this section, we will first briefly describe the various document categories. Then, we have prepared a detailed interactive checklist to help you fully understand all the required documents. Let’s get started!

🔑 Documents for Application Part One

Arnold’s and Maria’s passport-style photos
Passport-style photos of both Arnold 🦊 (2 copies) and Maria 🐰(2 copies), taken within 30 days of filing the application
Proof of Maria’s U.S. citizenship or Lawful Permanent Residence Status
e.g. U.S. passport, naturalization certificate, certificate of citizenship, U.S birth certificate, U.S. Permanent Resident Card 🔖
Marriage papers
Current marriage certificate and prior marriage termination documents 📑

🌱 Documents for Application Part Two

Arnold’s passport-style photos
Passport-style photos of Arnold 🦊 (2 – 6 copies depending on the case), taken within 30 days of filing the application. Did you notice USCIS really loves immigrants’ photos?
Arnold’s birth certificate
Arnold’s birth certificate 🐣
Proof of Arnold’s immigration status
Evidence of continuously maintaining a lawful status since arrival in the U.S. 🤟
Arnold’s proof of financial support
E.g. (If Maria is Arnold’s financial sponsor in Form I-864) Maria’s pay stubs, Maria’s tax returns, Maria’s letter from employer🤑
Arnold’s medical examination result
Form I-693 – Report of Medical Examination and Vaccination Record . This form will be filled out by the doctor who provides you with the exam. At the end of the exam, the doctor will hand you the filled out Form I-693 in a sealed envelop. Do not open the envelope and mail it together with the rest of Application Part 2 to USCIS.) ⚕
U.S. Citizen’s Spouse Does not Need This Form I-130 Receipt or Approval Notice (called Form I-797)
Around 2 weeks after Maria filed Form I-130 in Application Part One, Maria should have received a Form I-130 receipt notice from USCIS.

📄 GreenCardHero’s comprehensive list of application documents – Click on each document category to see all the documents you need

The sponsor is a:

Citizen
Green Card Holder

Grounds of Inadmissibility

To qualify for a Green Card, you must be admissible to the United States. Reasons why you may be inadmissible are listed in INA 212(a) and are called grounds of inadmissibility.

If you are inadmissible, the law may allow you to apply for a waiver of the particular grounds of inadmissibility or another form of relief of certain grounds of inadmissibility that may overcome the inadmissibility. You may apply for a waiver of inadmissibility or other form of relief by using Form I-601, Application for Waiver of Grounds of Inadmissibility and Form I-212, Application for Permission to Reapply for Admission into the United States after Deportation or Removal. If a waiver or other form of relief is granted, USCIS may approve your application for a Green Card if you are otherwise eligible.

Whether a waiver or other form of relief is available depends on the specific inadmissibility grounds that apply to you and the category you are adjusting under. Eligibility requirements for waivers and other forms of relief vary. For information on the grounds of inadmissibility and waivers, please see USCIS Policy Manual Volume 8, Admissibility and Volume 9, Waivers.

If you obtained a Form I-601 waiver in connection with your K-1 nonimmigrant visa application

If you used a Form I-601 to obtain a waiver in connection with your K-1 nonimmigrant visa application (Form I-129F), your waiver is only valid if you married the person who filed the Form I-129F petition for you. In that case, all of the grounds of inadmissibility and crimes, incidents, events, or conditions that you included in that Form I-601 are waived and you would not need to apply for another waiver of those grounds of inadmissibility. However, if you do not marry your U. citizen petitioner, you remain inadmissible. See Form I-601 for additional information.

Application Timeline

Yay, you filed! The hardest part is officially behind us! Now we move on to the second – and final – step of the process: “Game of Groans”. The groans are caused by prolonged waiting: once in a while, your application reaches a milestone and you receive a USCIS communication, and then you wait some more, until you get a notice for an interview. Eventually, you will receive that gorgeous Green Card in the mail.

This timeline explains what happens after filing the Green Card application:

08/06/2020 Update: Due to the COVID-19 pandemic, USCIS offices were closed for 2. 5 months between March and June. Many USCIS agents are required to work from home, and applicants with fever and flu symptoms are required to reschedule their USCIS appointments. Since these changes may impact USCIS’ case processing speed, we suggest you consider submitting your application sooner rather than later.

Around 2-3 Weeks after Filing

USCIS Receipt Notices Arrive

For each form you submit in the application, you will receive a receipt notice from USCIS. Each receipt notice contains a case number. You can use these case numbers to track your case status with the USCIS Case Status Checker.

Around 3-5 Weeks after Filing (maybe slower due to COVID-19)

Biometrics Appointment Notice Arrives for the Applicant

The biometrics services appointment is a quick, low stress procedure where the USCIS takes the applicant’s fingerprints, photograph, and/or signature. This helps USCIS confirm the applicant’s identity and run required background and security checks

The appointment will be at a local USCIS Application Support Center (ASC). The applicant’s appointment notice will include the date, time and location for the appointment

Green Card Through Marriage Application

US citizens and permanent residents can sponsor spouses through a petition for a Green Card by marriage. Both the sponsor and the beneficiary have to establish their eligibility. The process varies depending on whether the sponsor is a US citizen or a Green Card holder.

Required Documentation

To complete the process, the petitioner must submit:

Form I-130, Petition for Alien Relative (signed with proper fee), with all required documentation, including:
A copy of your civil marriage certificateA copy of all divorce decrees, death certificates, or annulment decrees that demonstrate that all previous marriages entered into by you and/or your spouse were terminatedPassport style photos of you and your spouse (see Form I-130 instructions for photo requirements)Evidence of all legal name changes for you and/or your spouse (may include marriage certificates, divorce decrees, court judgment of name change, adoption decrees, etc.)
A copy of your civil marriage certificate
A copy of all divorce decrees, death certificates, or annulment decrees that demonstrate that all previous marriages entered into by you and/or your spouse were terminated
Passport style photos of you and your spouse (see Form I-130 instructions for photo requirements)
Evidence of all legal name changes for you and/or your spouse (may include marriage certificates, divorce decrees, court judgment of name change, adoption decrees, etc.)
If you are a U.S. citizen, you must demonstrate your status with:
A copy of your valid U.S. passport ORA copy of your U.S. birth certificate ORA copy of Consular Report of Birth Abroad ORA copy of your naturalization certificate ORA copy of your certificate of citizenship
A copy of your valid U.S. passport OR
A copy of your U.S. birth certificate OR
A copy of Consular Report of Birth Abroad OR
A copy of your naturalization certificate OR
A copy of your certificate of citizenship
If you are a Green Card holder (permanent resident), you must demonstrate your status with:
A copy (front and back) of Form I-551 (Green Card) ORA copy of your foreign passport bearing a stamp showing temporary evidence of permanent residence
A copy (front and back) of Form I-551 (Green Card) OR
A copy of your foreign passport bearing a stamp showing temporary evidence of permanent residence

The Applicant Travels to the U. within 6 Months

Make sure you come to the U. before your visa expires! Immigrant visas are usually valid for 6 months, but double check yours to make sure

Once you arrive in the U. , go through the border customs and present the sealed Immigrant Packet (you kept it sealed, right?!) to a customs official. You will then be admitted into the country.

Around 2-3 Weeks Later

How to Apply

If you are currently in the United States, an immigrant visa is immediately available to you as a family preference immigrant, and you meet certain other requirements, you may file Form I-485, Application to Register Permanent Residence or Adjust Status, to apply for a Green Card without leaving the country. If a visa is immediately available, you may file your Form I-485:

Together (“concurrently”) with Form I-130, Petition for Alien Relative filed on your behalf;
While the Form I-130 is pending; or
After we approve your Form I-130, as long as your Form I-130 has not been terminated or revoked.

For information on visa availability, see Visa Availability and Priority Dates, Adjustment of Status Filing Charts. You can view the Visa Bulletin on the Department of State’s website.

Make Sense of the Process

Why all these forms and documents? In this section, we explain the Green Card application logic that routinely confuses the world’s smartest rocket scientist. Once you understand the logic behind it, this process will make a lot more sense.

To begin, let’s meet Arnold and Maria:

Applicant: Arnold is 28 years old and hails from the snowy mountains of Austria. Arnold is not a U. citizen and is applying to receive a Green Card.

Sponsor (also known as a petitioner): Maria is 27 years old and is a native to the sunny Southern California. She is married to Arnold and is a U. citizen or green card holder.

After getting married, Arnold and Maria started researching how to apply for a marriage Green Card for Arnold.

For couples like Arnold and Maria, the application paperwork contains two parts:

🔑 Application Part One: Establish Arnold’s Eligibility for a Green Card (Officially Called “Petition for Alien Relative”. We will call it “immigrant petition” in this guide

Maria is a real person.
Maria is a U.S. citizen.
Arnold is her husband.
Their marriage is real.

This step is mostly for Maria to complete.

🌱 Application Part Two: Apply for Arnold’s Green Card (Officially Called “Adjustment of Status to Lawful Permanent Resident”. We will call it “adjustment of status” in this guide

Arnold is a real person.
Arnold’s current immigration status doesn’t bar him from receiving a Green Card.
Arnold can financially support himself in the U.S. without government assistance.
Arnold is in good health.
Arnold has no criminal history.

This step is mostly for Arnold to complete.

Green Card Holder’s Spouse

For couples like Arnold and Maria, here is the application paperwork timeline:

🔑 Application Part One: Immigrant Petition

Maria is a real person.
Maria is a U.S. permanent resident.
Arnold is her husband.
Their marriage is real.

This part is mostly for Maria to Complete. Around 2 Weeks LaterUSCIS Receipt Notice (Form I-797) ArrivesThe receipt notice confirms that USCIS has received your Application Part One. It contains a case number, which you can use to track your Part One case status with the USCIS Case Status Checker. It also contains a date labeled “Priority Date”. You will use this date later to determine when to submit Application Part Two. Waiting period until a visa number becomes availableGood news — in August and September 2022, there is no wait time! So you can move onto submitting the adjustment of status application immediately after receiving I-130 Receipt Notice. This zero wait-time is expected to last until the end of Septembersource ⏰🌱 Application Part Two: Adjustment of Status

Arnold is a real person.
Arnold’s current immigration status doesn’t bar him from receiving a Green Card.
Arnold can financially support himself in the U.S. without government assistance.
Arnold is in good health.
Arnold has good moral characters.

This part is mostly for Arnold to Complete. Around 2-3 Weeks after Filing Part TwoUSCIS Receipt Notices (Form I-797) ArriveFor each form you submit in Application Part Two, you will receive a receipt notice from USCIS. Each receipt notice contains a case number. You can use these case numbers to track your Part Two case status with the USCIS Case Status Checker. For the Next 8-10 Months after receiving USCIS Notice of ApprovalMostly Waiting until Receiving Green Card Interview NoticeThis is where Step 2 – the Waiting Game begins. We will explain what happens during this time in the timeline after filing section later.

Why the wait before submitting Part Two?

The answer: Arnold cannot apply for a Green Card, until a Green Card becomes available for him to apply to.

This may sound very strange, until you learn this fact: the U. government only gives out a fixed number of Green Cards each year, no matter how many people are eligible for it. So when there are more eligible people than there are Green Cards, some people have to wait until a new batch of Green Cards become available

When can I submit Application Part Two?

You can find out by checking the USCIS Visa Bulletin information page, which updates once a month. Click on the link to the current month, and in the chart find category “F2A”.

If the date on the chart is current (“C”), or your priority date (explained below) is earlier than the date on the chart, you may file Application Part Two. Otherwise, you will need to continue waiting and check the bulletin page again next month

What’s Priority Date?

You can find your Priority Date on the Form I-130 Receipt Notice (Form I-797) you received earlier. The date is under a column labeled “Priority Date”.

Eligibility for Adjustment of Status

You properly file Form I-485, Application to Register Permanent Residence or Adjust Status;
You were inspected and admitted or inspected and paroled into the United States;
You are eligible to receive an immigrant visa;
An immigrant visa is immediately available to you at the time you file your Form I-485 and at the time we make a final decision on your application (For information on visa availability, see Visa Availability and Priority Dates, Adjustment of Status Filing Charts, and the Department of State website to view the Visa Bulletin);
The relationship to the family member who filed Form I-130, Petition for Alien Relative, for you still exists;
None of the applicable bars to adjustment of status apply to you;
You are admissible to the United States for lawful permanent residence or eligible for a waiver of inadmissibility or other form of relief; and
You merit the favorable exercise of our discretion (this means the positive factors in your case outweigh the negative factors).

Inspected and Admitted or Inspected and Paroled

Eligibility to Receive an Immigrant Visa

You are eligible to receive an immigrant visa if you are the beneficiary of:

An approved Form I-130 filed on your behalf;
A pending Form I-130 (that is ultimately approved); or
A Form I-130 (that is ultimately approved) filed together with your Form I-485.

How to track case status and processing time?

In Steps 1 and 4, your application is handled by USCIS. Use the USCIS Case Status Checker and enter your case number, then you can see the processing status of your case. In addition, you can use the USCIS Case Processing Times Checker to see the processing time range for Form I-130 at different USCIS office locations.

In Steps 2 and 3, your applicant is handled by NVC. Use the Consular Electronic Application Center to track your case status.

If you have questions about your case, you can reach USCIS and NVC representatives by phone or online for assistance.

How do I preserve sanity during the wait?

Based on my own experience, the long application process can get very frustrating – feeling suspended in uncertainty is not fun. Unfortunately, none of us can speed up processing speed (except President Trump perhaps?).

I found it helpful to join an online immigration forum and feel like part of a community that is going through this together. I also found it helpful to keep myself engaged with other activities in life, so I wouldn’t think about “the G” (“g” from Green Card) that much.

Ultimately, the time will come when a fateful USPS letter arrives in your mailbox. You pick it up and feel a thin and sturdy object inside, perfectly rectangular with slight rounded edges. You carefully open the envelope, and there it is – a Green Card, shrouded in an ornate tapestry and soft hues; through a fine layer of misty Atlantic fog, the statue of liberty greets you with a gorgeous smile. This journey has made you older and wiser, and congratulations, you’ve now got the key to America!

GreenCardHero wishes you all the best on your green card journey! 🤞

Green Card through marriage to US citizens

US citizens can sponsor spouses as “immediate relatives. ” For immediate relatives, visa numbers are available immediately, which means that there is no need to wait for a visa number to become available. As soon as the sponsor’s petition (Form I-130) is approved, a visa number is made available and the beneficiary can apply for a US Green Card. If the beneficiary is in the US, that beneficiary will have to apply for to have his/her status adjusted to Permanent Resident. If the spouse is outside the US, he/she will have to file for an immigration visa with a US consulate having jurisdiction over their place of residence.

How to Bring your Spouse to the United States

If you or a member of your family is in the U. military special conditions may apply to your situation. For information and additional resources, see the Military section of our website.

Green Card through marriage to US permanent residents

NVC charges two processing fees. They can be paid online through CEAC:

Immigrant Visa Application Processing Fee ($325)
Affidavit of Support Fee ($120) – Explained in detail below.

For payment, you will need to provide a bank routing number and a checking or savings account number from a U. bank

Around 1 Week Later

Notice of Successful Fee Processing Arrives

Assemble and File the Application

We are all done with the hard part! Now let’s stuff this delicious paperwork feast in a hungry envelope! 📩

Submit in One Envelope, but as Two Packets

Cover Each Packet with A Cover Letter

Time to organize, kids! USCIS recommends creating a cover letter for each application packet and placing the cover letter on top of the packet. A cover letter is essentially a table of contents of all the forms and documents contained within the packet. The cover letter helps you organize your papers, and also helps USCIS agents during their review.

If you are using GreenCardHero, GreenCardHero will create a customized cover letter for each of your application packet, making your submission fast and easy.

Stack and Stuff

Now stack your forms and documents in the order listed on the cover letter. Then put the assembled packet in one envelop/package. Your application is now ready to send!

Where to Send

USCIS
Attn: AOS
P. Box 805887
Chicago, IL 60680

USCIS
Attn: AOS
P. Box 20500
Phoenix, AZ 85036-0500

USCIS
Attn: AOS (Box 805887)
131 South Dearborn – 3rd Floor
Chicago, IL 60603-5517

USCIS
Attn: AOS (Box 20500)
1820 E. Skyharbor Circle S
Suite 100
Phoenix, AZ 85034-4850

Now we’ve got a lot of finished paperwork lying around, how do we organize and submit it? It’s time to learn the subtle art of stuffing hungry envelops. 📩 The process is the same for both Application Part One and Part Two.

Organize Using a Cover Letter

If you are using GreenCardHero, GreenCardHero will create a customized cover letter for each of your submission, making assembling the application fast and easy.

Mail It!

Finally, it’s time to mail the application package! 📩 The mailing address for Submission 1 and Submission 2 are different. Make sure you use the correct address for each submission.

Don’t forget to sign!

How to Catch Mistakes before Filing

First, take a deep breath. Hundreds of thousands of couples just like you apply for their Green Cards every year, and the vast majority get approved. The odds are on your side!
Review each application form, document and cover letter.
If you to check more closely, consider hiring an immigration lawyer to review your completed application. An application review is affordable, usually costs around $500. In contrast, hiring a lawyer to do the whole application for you can cost $4,000 and up.

What to Submit (K-1 Nonimmigrant Applicants)

Form I-485, Application to Register Permanent Residence or Adjust Status;
Copy of the Form I-797, Approval Notice for the Form I-129F filed on your behalf;
Copy of your marriage certificate;
Two passport-style photographs;
Copy of your government-issued identity document with photograph;
Copy of your birth certificate;
Copy of your passport page with nonimmigrant visa;
Copy of your passport page with your admission or parole stamp (issued by a U.S. immigration officer);
Copy of Form I-94, Arrival/Departure Record or copy of the U.S. Customs and Border Protection (CBP) admission or parole stamp on the travel document (if applicable)

Note: If CBP provided you with an electronic Form I-94 upon you arrival/admission to the United States, you may print out a paper version of the Form I-94 from CBP website at www. cbp. gov/I94;

Form I-864, Affidavit of Support Under Section 213A of the INA or Form I-864EZ, Affidavit of Support Under Section 213A of the Act;
Form I-693, Report of Medical Examination and Vaccination Record (you may submit this form together with Form I-485 or later, such as when we request it or in person at your interview, if any);

Certified police and court records of criminal charges, arrests, or convictions (if applicable);
Form I-601, Application for Waiver of Grounds of Inadmissibility (if applicable);
Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal (if applicable); an

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The Sponsor Submits Immigrant Petition Forms and Documents to USCIS

The sponsor needs to submit two forms, along with supporting documents2:

I-130 – Petition for Alien Relative, to be completed by the sponsor. (The US government uses the term “alien” 👽 to refer to foreigners. This can get truly confusing when real aliens from Mars arrive and start filing U.S. government paperwork).
I-130A – Supplemental Information for Spouse Beneficiary, to be completed by the applicant.

Passport-style photos of both spouses
Passport-style photos of both the applicant🦊 (2 copies) and the sponsor🐰(2 copies), taken within 30 days of filing the application

Proof that the sponsor is a U. Citizen/Legal Permanent Resident
e. passport, naturalization certificate, certificate of citizenship, U. S birth certificate, U. Legal Permanent Resident Card

Marriage papers
Current marriage certificate and prior marriage termination documents 📑

Evidence of joint activities
Documents that prove the marriage is real. 💑 For example, joint ownership of property, joint apartment lease, birth certificates of children you had together, photo collection

You can download the forms and instructions from the USCIS website. You’ll mail the completed forms and supporting documents in one package to the address specified by USCIS. Don’t forget to include the $535 filing fee in the submission package.

USCIS Receipt Notice Arrives

The Receipt Notice confirms that USCIS has received your application. It contains your case number, which you can use to track your case status with the USCIS Case Status Checker.

Around 7-10 Months Later

USCIS Notice of Approval Arrives 😀

For Green Card Holders’ Spouses Only – Step 1

Why do I have to wait?

The answer: the applicant cannot apply for a Green Card, until a Green Card becomes available to apply to.

How do I know when the waiting period is over?

You can find out by checking the State Department Visa Bulletin, which updates once a month. Click on the link to the current month, scroll down to section “B. DATES FOR FILING FAMILY-SPONSORED VISA APPLICATIONS“, and in the chart find category “F2A”.

If the date on the chart is current (“C”), or your priority date (explained below) is earlier than the date listed on the chart, your waiting period is over, and NVC has started to process your case; you will soon receive an NVC Welcome Letter in the mail. Otherwise, you will have to continue waiting and check the bulletin page again next month

How to complete your green card application in 7 days?

Get our exclusive 7-Day Action Plan:

The applicant applies for an immigrant visa in order to enter the U.

We are making progress! Now that USCIS has approved the applicant’s eligibility to apply for a Green Card, it’s time to apply for it!

Since the applicant is currently outside the U. , applying for a Green Card actually means applying for a special spouse visa called “Immigrant Visa for a Spouse of a U. Citizen”7 (for U. citizens’ spouses), or “Immigrant Visa for a Spouse of Lawful Permanent Resident”8 (for green card holders’ spouses).

We will call it “immigrant visa” for short. You can think of this immigrant visa as a token for your eventual Green Card: Once the applicant enters the U. using this immigrant visa, an actual Green Card will be automatically sent to the applicant without further paperwork.

During this step, you will be dealing with the U. National Visa Center (NVC), which is part of the U. Department of State. NVC is the government agency that handles immigrant visa applications.

The timeline for applying for an immigrant visa:

Around 3 Weeks after USCIS Notice of Approval (or in the Green Card holder’s spouse case, 3 weeks after the waiting period ends)

Welcome Letter from NVC Arrives

Conditional Residence and Removing Conditions

If you have been married less than 2 years when your spouse is granted permanent resident status, your spouse will receive permanent resident status on a conditional basis. To remove the conditions on residence, you and your spouse must apply together using Form I-751, Petition to Remove the Conditions of Residence. (Note that Form I-90, Application to Replace Permanent Resident Card, is not used for this purpose

The Applicant Completes Pre-Interview Activities

The pre-interview activities must be completed before the interview date. The activities required vary from embassy to embassy. Use this NVC webpage to select your embassy/consulate and get a Pre-Interview Checklist specific for your case.

Some common requirements include:

The applicant is required to schedule a medical appointment with an authorized doctor in the country where the applicant will be interviewed. The interview appointment letter you receive will provide information on how to find an embassy-approved doctor.

Gather Documents Required for the Interview

These documents include the original version of all civil documents and financial documents submitted to NVC, copies of those documents, and other documents specified in the interview appointment letter.

Embassy/Consulate Specific Requirements

For example, many embassies and consulates require the applicant to register for passport delivery service before the interview. To get the full embassy/consulate specific requirements, use the NVC Pre-Interview Checklist.

Form DS-5540, Public Charge Questionnaire

Form DS-5540 is a 4-page form used to demonstrate that the applicant can be self-sufficient financially. The applicant will be asked to present a completed DS-5540 at the time of the visa interview. You may want to start Form DS-5540 in advance, so you will have enough time to collect the required supporting evidence.

Around 1 Month after Receiving the Interview Appointment Letter