Is your partner living abroad? Do you want to meet someone living in UK, US, Australia and Canada for relationship? Now there are ways in which you can get marriage-based green card to move overseas. Do you want to learn how to go about it? Then, continue reading to know how.

Obtaining a marriage-based green card in the United States is a multi-step process that allows a foreign spouse to live and work in the US permanently. While the journey through the immigration process can seem overwhelming, understanding each step can make it more manageable.

This guide will take you through the process step by step, from filing the initial green card application to attending the required interview.

How to Secure a Marriage-Based Green Card in the US

1. Confirm Eligibility for a Marriage-Based Green Card

Before you begin, ensure that both you and your foreign spouse are eligible for a marriage-based green card. The marriage must be legally valid, meaning you have a legitimate marriage certificate issued by the appropriate government authority. Additionally, your marriage must not be solely for immigration purposes. USCIS (U.S. Citizenship and Immigration Services) scrutinizes applications to ensure the marriage is genuine.

2. File Form I-130 (Petition for Alien Relative)

The first official step in the process is filing Form I-130 with USCIS. This form establishes that there is a qualifying relationship between you (the US citizen or lawful permanent resident) and your foreign spouse.

What You Need to Submit:

Form I-130: Completed and signed.
A copy of your marriage certificate.
Proof of your US citizenship or permanent residency status (e.g., a US passport, naturalization certificate, or green card).
Evidence demonstrating the bona fide nature of your marriage, such as joint bank accounts, rental agreements, or photos together.

3. Determine Your Spouse’s Green Card Application Pathway

The next step depends on whether your foreign spouse is currently living in the United States or abroad.

For Spouses in the United States: You’ll proceed with adjustment of status by filing Form I-485 (Application to Register Permanent Residence or Adjust Status). This allows your spouse to apply for a green card without leaving the country.
For Spouses Outside the United States: The process involves consular processing, where the foreign spouse applies for the green card through a US embassy or consulate in their home country.

4. File Form I-485 (Adjustment of Status) or Follow Consular Processing

Adjustment of Status (For Spouses in the US)

If your foreign spouse is already in the US, they can file Form I-485 concurrently with Form I-130 (if you’re eligible) or after the I-130 is approved. The adjustment of status process allows your spouse to remain in the US while their green card application is being processed.

Documents Needed for Form I-485:

A copy of the approved I-130 petition.
Proof of lawful entry into the US (e.g., I-94 travel record).
Copy of the foreign spouse’s passport.
Medical examination report (Form I-693).
Two passport-style photos.
Filing fee.

Once Form I-485 is filed, your spouse may also apply for a work permit (Form I-765) and a travel document (Form I-131) to allow them to work and travel while their green card is being processed.

Consular Processing (For Spouses Abroad)

If your foreign spouse is outside the US, the National Visa Center (NVC) will handle the case after the I-130 is approved. The NVC will request additional documents, such as the marriage certificate, financial information (Form I-864 Affidavit of Support), and your foreign spouse’s police clearance certificate. Once all documents are processed and approved, your spouse will be scheduled for an interview at a US embassy or consulate.

5. Attend the Green Card Interview

The green card interview is a critical step in the marriage-based green card process. Whether the interview is conducted at a USCIS office in the US or a US consulate abroad, its purpose is to confirm the authenticity of the marriage.

Tips to Prepare for the Interview:

Bring all required documents, including your marriage certificate, passports, and proof of a bona fide marriage.
Be ready to answer personal questions about your relationship, such as how you met, your daily routines, or details about your wedding.
Practice answering questions honestly and naturally with your spouse.

6. Receive the Decision

After the interview, USCIS or the consular officer will either approve the green card application, request further evidence, or deny the application. If approved, your spouse will receive their green card in the mail (if applying from within the US) or a visa to enter the US and receive their green card after arrival (if applying from abroad).

7. Understand Conditional Residency (If Applicable)

If your marriage is less than two years old at the time your foreign spouse is granted permanent residency, they will receive a conditional residency green card. This card is valid for two years and requires you to file Form I-751 (Petition to Remove Conditions on Residence) before it expires to obtain a 10-year permanent green card.

8. Transition to Permanent Residency

Once the conditional residency period is over and Form I-751 is approved, your foreign spouse will receive a 10-year green card. This signifies permanent residency and removes the conditions tied to the marriage-based green card.

Role of Immigration Lawyers to Processing Marriage Visa

Immigration lawyers play a crucial role in assisting couples with the process of obtaining a marriage visa (also known as a spousal sponsorship visa) in any country. This process can be complex, and the expertise of an immigration lawyer helps ensure that the application is handled correctly, increasing the chances of approval. Below is an outline of the role immigration lawyers play in processing marriage visas:

1. Assessing Eligibility

Immigration lawyers assess the couple’s eligibility for spousal sponsorship. They review the following aspects:

Relationship status: Ensuring the relationship qualifies as a legal marriage, common-law partnership, or conjugal partnership under the relevant immigration laws.
Sponsorship requirements: Verifying that the sponsor meets the eligibility criteria (e.g., citizenship or residency status, financial requirements, and compliance with sponsorship rules).
Applicant’s admissibility: Ensuring the sponsored spouse is not inadmissible due to issues such as criminal records, medical problems, or misrepresentation.

2. Explaining the Process

Lawyers provide detailed guidance about the pathways available for spousal sponsorship, which may vary depending on whether the couple is residing together or apart. They explain:

The specific application process for couples living together in the same country.
The process for couples where the sponsored spouse resides in another country.

They help the couple choose the most appropriate option based on their circumstances.

3. Document Preparation and Review

Immigration lawyers ensure the application is complete and error-free. This includes:

Assisting with gathering all required documents, such as:
- Proof of the relationship (marriage certificate, photos, communication records, etc.).
- Sponsor’s financial documents.
- Identity documents (passports, birth certificates, etc.).
- Police clearance certificates and medical exams for the applicant.
Preparing written statements or affidavits when necessary.
Reviewing completed forms to ensure accuracy and compliance with immigration requirements.

4. Addressing Red Flags in the Relationship

If there are potential issues that might raise concerns (e.g., large age gaps, differences in culture or language, previous marriages, or limited evidence of cohabitation), immigration lawyers help prepare strong supporting evidence and make legal arguments to demonstrate the authenticity of the relationship.

5. Submission of Application

Immigration lawyers ensure the application is submitted correctly according to the specific requirements of the immigration authority. They ensure:

All required forms are completed.
Supporting documents are properly formatted and included.
Fees are paid correctly.
The application is submitted within deadlines.

6. Communication with Immigration Authorities

Lawyers act as the primary point of contact with immigration authorities, handling all correspondence on behalf of the couple. This includes:

Responding to requests for additional documents or information.
Clarifying any inconsistencies or issues raised by immigration officials.
Monitoring the status of the application and providing updates to the couple.

7. Preparing for Interviews (if required)

In some cases, immigration authorities may request an interview to verify the authenticity of the relationship. Immigration lawyers:

Prepare the couple for potential questions.
Provide advice on how to present their case confidently and honestly.
Address any concerns the immigration authority might have about the relationship.

8. Resolving Complications or Appeals

If the application is refused, immigration lawyers can:

Identify the reasons for refusal and advise on the best course of action.
File an appeal or request a review, depending on the specific policies of the immigration system.
Prepare legal arguments and represent the couple in hearings or alternative dispute resolution (ADR) processes.

9. Post-Visa Guidance

Once the visa is approved and the sponsored spouse obtains residency, lawyers can provide advice on:

Rights and responsibilities of the sponsored individual.
Requirements to maintain residency status.
Pathways to permanent residency or citizenship, if applicable.

Why Hire an Immigration Lawyer?

While it’s possible to apply for a marriage visa without legal assistance, hiring an immigration lawyer has several advantages:

Reduces the risk of errors or omissions in the application.
Saves time by navigating complex processes efficiently.
Provides peace of mind by ensuring compliance with immigration laws.
Offers professional representation in case of disputes or refusals.

Frequently Asked Questions (FAQs) About Marriage-Based Green Cards

Below are some of the most commonly asked questions regarding the marriage-based green card process, along with detailed answers to help you better understand this important immigration pathway.

1. What is a marriage-based green card?

A marriage-based green card allows a foreign spouse of a U.S. citizen or lawful permanent resident to live and work legally in the United States as a permanent resident. It is proof of their lawful status and provides a path to U.S. citizenship, if desired.

2. How long does it take to get a marriage-based green card?

The timeline for obtaining a marriage-based green card depends on several factors, including whether the foreign spouse is already in the U.S. or applying from abroad.

For spouses already in the U.S. (adjustment of status): The process typically takes 10–14 months.
For spouses applying from abroad (consular processing): The process can take 12–18 months.

3. What are the costs for a marriage-based green card?

The total cost for a marriage-based green card varies slightly depending on the process. Below is a general breakdown:

Form I-130 (Petition for Alien Relative): $535
Form I-485 (Adjustment of Status): $1,140 (plus $85 for biometrics, if applicable)
Consular Processing Fees: Approximately $445 (includes visa processing fees and medical exam costs)

4. Can I apply for a work permit while waiting for my green card?

Yes, if the foreign spouse is applying for adjustment of status in the U.S., they can file Form I-765 (Application for Employment Authorization) along with their green card application (Form I-485). This allows them to work legally in the U.S. while their green card application is being processed.

5. What documents are required for a marriage-based green card?

The specific documents required depend on where the foreign spouse is applying. However, the following are generally needed:

Marriage certificate proving a valid marriage.
Proof of the U.S. citizen or permanent resident spouse’s status (e.g., passport, green card).
Evidence of a bona fide marriage (photos, shared financial records, leases, etc.).
Birth certificates for both spouses.
Passport and visa records for the foreign spouse.
Medical examination report (Form I-693).

6. What if our marriage is less than two years old?

If your marriage is less than two years old at the time the green card is approved, your foreign spouse will receive a conditional green card. This conditional residency is valid for two years. To remove the conditions, you must jointly file Form I-751 (Petition to Remove Conditions on Residence) within 90 days before the card’s expiration.

7. Can I apply for a marriage-based green card if I overstayed my visa?

Yes, if the foreign spouse overstayed their visa but is married to a U.S. citizen, they can still apply for a marriage-based green card through adjustment of status. Overstaying a visa does not bar them from applying, but it’s crucial to avoid other violations, such as unauthorized work or criminal activity, which could complicate the case.

8. Will USCIS investigate the marriage?

Yes, USCIS closely examines marriage-based green card applications to ensure the marriage is genuine and not solely for immigration purposes. Evidence such as joint financial accounts, shared leases, family photos, and affidavits from friends and family can help prove the authenticity of your marriage. Additionally, the green card interview is a key step where officers ask questions about your relationship.

9. What happens at the green card interview?

The green card interview is designed to confirm the validity of your marriage. During the interview, you and your spouse may be asked questions about:

How you met.
Details about your wedding.
Shared daily routines and activities.
Future plans as a couple.

10. Can I travel outside the U.S. while my application is pending?

If the foreign spouse is applying for adjustment of status, they must apply for advance parole by filing Form I-131 (Application for Travel Document) before leaving the U.S. Traveling without advance parole may result in the abandonment of the green card application.

11. What happens if my green card application is denied?

If the marriage-based green card application is denied, the reasons will be outlined in the denial notice. Common reasons include:

Insufficient evidence of a bona fide marriage.
Incomplete or incorrectly filed forms.
Immigration violations, such as fraud or criminal activity.

12. Can a same-sex couple apply for a marriage-based green card?

Yes, same-sex couples are eligible for marriage-based green cards as long as the marriage is legally recognized in the jurisdiction where it occurred. USCIS treats same-sex marriages the same as opposite-sex marriages in the immigration process.

13. Is a marriage-based green card a path to U.S. citizenship?

Yes, obtaining a marriage-based green card is a step toward U.S. citizenship. If you’re married to a U.S. citizen, you can apply for naturalization after three years of holding a green card, provided you meet all other eligibility requirements (e.g., continuous residence, good moral character).

14. What happens if we divorce after the green card is issued?

If the foreign spouse has a conditional green card, divorce can complicate the process of removing conditions. You may still file Form I-751 but will need to provide additional evidence that the marriage was genuine. If the foreign spouse already has a 10-year green card, divorce does not affect their permanent residency status.

15. Can my spouse include their children in the application?

Yes, children of the foreign spouse (under the age of 21 and unmarried) may qualify as derivative beneficiaries. If the foreign spouse is applying from abroad, their children can be included in the same consular processing case. If in the U.S., you may need to file separate adjustment of status applications for them.

16. Do I need an immigration lawyer to apply for a marriage-based green card?

While it is not required to hire an immigration lawyer, it can be highly beneficial, especially if your case is complex (e.g., past visa overstays, criminal records, or prior denials). A lawyer can ensure that your application is complete, accurate, and submitted on time.

Final Thoughts

The marriage-based green card process involves several steps, from filing the initial I-130 petition to obtaining permanent residency. While it requires patience and attention to detail, understanding each stage of the process can help reduce stress and improve your chances of success. Whether you’re pursuing adjustment of status or consular processing, staying informed and prepared is key to navigating the immigration process smoothly.