24th September 2024
Marrying a US citizen does not automatically confer US immigration or nationality rights on non-US spouses.
As a non-American spouse, you will need to make an application to US authorities to secure lawful permanent residence status (also known as a ‘Green Card’) through marriage. With a Green Card, you can live with your spouse in the USA and work freely and your movements are not as restricted as applicants under other US immigration routes.
There is no annual cap on the number of Green Cards that can be issued to “immediate relatives”, which spouses are classed as.
If you reside outside of the United States your application must be submitted to the US Citizenship and Immigration Service. Even while the application is pending, you can enter the United States as a visitor.
The challenge for marriage Green Card applicants is that the application process can be protracted, leaving applicants living with the uncertainty of their pending application for months, and in many cases years.
With so much at stake, it will be important to get your application and supporting evidence to work hard in proving your eligibility, and for you and your US spouse to prepare well for the marriage visa interview.
Whether you are living in the US or overseas and you are looking to apply for a US Green Card to join your spouse in the USA, we can help.
As specialist US immigration and nationality attorneys, we are on hand to help non-American spouses with Green Card applications.
Green Card rules are onerous and the eligibility criteria stringent, leaving no room for error or omission. With exceptional knowledge and insight into US application processes, we can guide you through the process, from compiling your submission and supporting documents, to advising on and supporting you with interview preparation.
Contact our US immigration experts
For advice on any aspect of a US visa application, contact our US immigration attorneys.
For advice on any aspect of a Marriage Green Card application, contact our US immigration attorneys.
For advice on any aspect of a US Green Card application, contact our US immigration attorneys.
A US citizen can sponsor their non-US citizen spouse for permanent residence (ie a marriage Green Card), to enable their spouse to legally work and reside in the US. If the US citizen and their spouse are outside the US, the non-US spouse will first need to obtain an immigrant visa to enter the US as a permanent resident.
After three years with US lawful permanent residence, the Green Card holder can apply to naturalize as a US citizen.
Obtaining an immigrant visa is a two-step process involving filing an immigrant petition with US Citizenship and Immigration Services (USCIS) and attending a visa interview at a US consular post abroad.
The specific Green Card application process will depend on whether your spouse is a US citizen or a US lawful permanent resident, and whether you as the non-US spouse are living in the US or overseas.
If you are already resident in the US and have already married your US citizen spouse, you will usually make an application to adjust your status. This will be on the basis that you entered and remain in the US lawfully, for example on a work visa, and at the time you applied for your previous visa and were admitted into the country, you did not have the intention or plans to get married and stay in the US.
If you are married to a US citizen and live outside the US, you would need to file Form I-130 to establish the relationship, before applying for your Green Card at a National Visa Center (NVC) and then attending the visa interview.
If married to a US Green Card holder and you are outside the US, the same process applies as if married to a US citizen, except you would need to wait for Green Card availability in the visa bulletin before you can apply to the NVC. This stage alone of waiting for your priority date can take between 8-10 months.
During the visa interview, you and your spouse will be asked questions about your relationship, your history, your future plans, your family circumstances and anything to the authenticity of your marriage. If the adjudicator is satisfied the relationship is genuine, and the application is not fraudulent, they will approve the Green Card.
Throughout the application process, you will need to show the marriage is lawful, valid, genuine and ongoing.
Your relationship must be bona fide, and you will need to show your intention to live your lives together as a couple to avoid allegations of fraudulent intent to gain immigration benefits.
This means providing documentation to show the marriage is officially recognized in the country or region where it took place, and also confirming with evidence that any previous marriages of either spouse have been legally terminated, ie through divorce, annulment or death of a former spouse.
If your spouse is a US citizen and you currently live in the US, application processing is around 10-12 months. If you live overseas, it can take longer, and will usually be more like 12-18 months for a decision.
If your spouse is a US Green Card holder and you live in the US, you can expect processing to take around 3 years. If you live overseas, it is around two to two and a half years.
Within approximately one month of your initial entry to the US, you will be issued your Green Card, which will act as evidence of your lawful, permanent resident status.
The permanent resident card is typically valid for ten years, after which time you will need to apply for renewal of the permanent resident card.
If you have been granted conditional permanent residence, the permanent resident card will be valid for two years. Conditional permanent residence is granted when a US-citizen and non-US citizen spouse have been married for less than two years prior to the date that the non-US citizen spouse was admitted to the US as a permanent resident. In order for the non-US citizen spouse to maintain permanent residence beyond two years they must apply to remove the conditions within the 90-day period before the permanent resident card expires.
You can apply for US citizenship after three years with Green Card holder status.
You will need to evidence that you meet the continuous and physical presence requirements, ie that you have spent the majority of the qualifying period living with your US spouse in the United States, and that you meet the other requirements for US naturalization, including being of good moral character, able to read, write and speak English and to demonstrate a basic understanding of the fundamentals of US history and government.
Once a permanent resident has naturalized, they will be entitled to all the rights and privileges granted to US citizens.
What is a marriage-based green card?
A marriage-based green card allows the spouse of a US citizen or lawful permanent resident to live and work in the US as a permanent resident.
How long does it take to get a green card through marriage?
The processing time varies but typically takes between 10 to 13 months for spouses of US citizens and longer for spouses of green card holders.
What is the difference between a conditional green card and a permanent green card?
A conditional green card is issued to couples married for less than two years at the time of approval and is valid for two years. A permanent green card does not have these conditions and is usually issued after two years of marriage or upon removal of conditions.
Can I apply for a green card if I am already in the US?
You can apply for a green card through the adjustment of status process if you are already in the US on a valid visa or another lawful status.
What is a bona fide marriage, and why is it important?
A bona fide marriage is one that is genuine and not entered into for immigration benefits. Proving a bona fide marriage is crucial for obtaining a green card through marriage.
Do we have to attend an interview for a marriage-based green card?
Most couples will need to attend an interview where they will be asked questions to verify the authenticity of their marriage.
What documents do we need to provide for a marriage-based green card?
You will need to provide documents such as your marriage certificate, proof of bona fide marriage (like joint bank accounts or lease agreements), and financial documents like tax returns and pay stubs.
Can I work while waiting for my marriage-based green card?
You can apply for work authorization (Form I-765) while your green card application is being processed, allowing you to work legally in the US.
What happens if we get divorced before my green card is approved?
Divorce before your green card is approved can complicate your application and may lead to denial. It’s important to consult with an immigration attorney if you are in this situation.
Is it possible to travel outside the US while my green card application is pending?
Yes, but you will need to obtain advance parole before traveling to ensure you can re-enter the US without abandoning your green card application.
| Term | Definition |
|---|---|
| Green Card | A document that grants permanent residency in the US, allowing the holder to live and work in the US indefinitely. |
| Marriage-Based Green Card | A green card obtained through marriage to a US citizen or lawful permanent resident, allowing the spouse to live and work in the US. |
| Form I-130 | The Petition for Alien Relative form, filed by a US citizen or green card holder to establish the relationship with the spouse seeking a green card. |
| Form I-485 | The Application to Register Permanent Residence or Adjust Status form, used by individuals already in the US to apply for a green card. |
| Adjustment of Status | The process by which an eligible individual already in the US applies for a green card without leaving the country. |
| Consular Processing | The procedure for applying for a green card at a US embassy or consulate in the applicant’s home country when they are outside the US. |
| Bona Fide Marriage | A genuine marriage entered into with the intent of building a life together, not solely for immigration benefits. |
| Biometrics Appointment | A required appointment where green card applicants provide fingerprints, photographs, and signatures for background checks. |
| Conditional Green Card | A temporary green card issued to spouses married for less than two years at the time of approval, valid for two years. |
| Permanent Green Card | A green card without conditions, typically issued after two years of marriage or after the removal of conditions from a conditional green card. |
| Removal of Conditions | The process of applying to remove the conditions on a conditional green card, usually done by filing Form I-751 after two years of marriage. |
| Form I-751 | The Petition to Remove Conditions on Residence form, used by conditional green card holders to apply for a permanent green card. |
| Affidavit of Support | A document (Form I-864) filed by the US citizen or green card holder sponsoring the spouse, proving they can financially support the spouse in the US. |
| USCIS | United States Citizenship and Immigration Services, the agency responsible for processing immigration and green card applications. |
| Visa Bulletin | A monthly publication by the US Department of State that provides information on visa availability and priority dates for green card applicants. |
| Work Authorization | The legal right granted to green card applicants to work in the US while their application is being processed, often obtained through Form I-765. |
| Advance Parole | A travel document that allows green card applicants to re-enter the US after traveling abroad without abandoning their application. |
| Public Charge | A ground of inadmissibility used to determine whether an applicant is likely to become dependent on government assistance, which can affect green card eligibility. |
| K-1 Visa | A visa that allows the fiancé(e) of a US citizen to enter the US for the purpose of marriage, after which they can apply for a green card. |
| Interview Waiver | A situation where the green card interview is waived by USCIS, usually when the evidence submitted is sufficient and the case is straightforward. |
| Priority Date | The date when a green card petition is filed, used to determine an applicant’s place in line for visa processing in certain categories. |
| USCIS Interview | An in-person meeting with a USCIS officer where the couple is interviewed to verify the authenticity of their marriage and eligibility for a green card. |
Need specialist advice? Speak to our experts.
Need specialist advice? Speak to our experts.
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NNU Immigration is registered in England & Wales Company No. 09815477.
Address: Thomas House, 84 Eccleston Square, London, UK, SW1V 1PX
NNU Immigration is registered in England & Wales Company No. 09815477.
Address: Thomas House, 84 Eccleston Square, London, UK, SW1V 1PX
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NNU Immigration is registered in England & Wales Company No. 09815477.
Address: Thomas House, 84 Eccleston Square, London, UK, SW1V 1PX