Marriage Immigration Laws: What You Need to Know

What You Need to Know About Marriage Immigration Laws

Getting a marriage-based green card may seem complicated, but there are just a few simple steps that one needs to follow in order to obtain one. Here is everything you need to know about marriage immigration laws: the whole process, from requirements to marriage.

Marriage green cards are only given to spouses who are currently in a bona fide marriage. This means that the marriage is genuine and not just for the green card. Once the couple has proven that their marriage is bona fide, the non-citizen spouse can begin to apply for a marriage-based green card. This process can take many months, and it is important for couples not to become restless while waiting. Once all the forms have been filled out and the green card interview has been passed, the non-citizen spouse will have their marriage-based green card approved.

Requirements and Eligibility

If a non-U.S. citizen is married to a U.S. citizen or permanent resident, they can apply for U.S. lawful permanent residence, otherwise known as a marriage-based immigrant visa or green card. To be eligible under U.S. marriage immigration laws, the immigrant and their spouse must show:

1. They are legally married

To qualify for a marriage-based green card or visa, couples must prove that they are legally married. A legal marriage is one that is officially recognized by the government in the country or state where they were married. This usually means that an official record of the marriage was made or can be obtained from some government office. Domestic partnerships are not normally recognized for immigration purposes.

Couples do not need to have been married in the U.S. for the marriage to be considered legal. It is perfectly acceptable for couples to marry in the immigrant’s home country or in some other destination of their choice. A variety of marriage procedures may also be recognized, from church weddings to customary tribal practices—if recognized as valid in that country.

2. Their marriage is bona fide

A bona fide marriage is one that is real and genuine in which the two people intend to establish a life together as husband and wife. Although this can mean different things to different people, one thing is clear: A marriage entered into for the sole purpose of getting the non-citizen a green card is not bona fide. This is called a “sham” or “fraudulent” marriage, and uncovering these relationships is a top USCIS priority.

3. Proof of the petitioning spouse’s U.S. citizenship or lawful permanent resident status

There are only two types of people with U.S. residence rights who can obtain permanent residence or green cards for their spouses: U.S. citizens and U.S. lawful permanent residents (green card holders). People with temporary rights to live in the United States (such as with visas or work permits) cannot petition for their spouse to become a permanent resident, though they might be able to bring them to the U.S. on a short-term visa.

4. Neither spouse is married to anyone else

Any previous marriages must have ended by legal means, such as death, divorce, or annulment. Both spouses will have to present the official documents to prove that the marriage ended, such as a death or divorce certificate. Otherwise, USCIS will wonder whether the first marriage is still an active and real one — suggesting that the new marriage is just a sham to get a green card.

Process for Getting a Marriage Green Card

The total processing time for a marriage-based green card is anywhere from 9-36 months, depending on whether the immigrant is married to a U.S. citizen or a U.S. green card holder (lawful permanent resident). The best way to ensure the AOS application does not get delayed is to file all the paperwork correctly the first time around. The government filing fees for applying for a marriage-based green card is $1,760 for a spouse living in the United States or $1,200 for a spouse living outside the United States. Note, this does not include the cost of the medical examination, which varies from roughly $200 to $500. In total, the cost will range from about $1,400 to about $2,400.

The first step of the process of getting a green card through marriage is to submit Form I-130 to U.S. Citizenship and Immigration Services (USCIS). This form will essentially establish to the government that a valid, bona fide marriage exists. The spouse filing the I-130 is called the “petitioner” or “sponsor.” This is the spouse who is a U.S. citizen or current green card holder. The spouse seeking a green card is called the “beneficiary” or “green card applicant.”

If the green card applicant currently lives in the United States, the next step is to apply for the green card using Form I-485. Here are critical elements of an I-485 filing package:

Government filing fees of $1,225 (including $1,140 for the green card application and $85 for biometrics)
Proof of nationality of the spouse seeking a green card (copy of birth certificate and passport photo page)
Proof of lawful entry to the United States by the spouse seeking a green card (copy of I-94 travel record and prior U.S. visa)
Medical examination performed by a USCIS-approved doctor
Proof of the sponsoring spouse’s ability to financially support the spouse seeking a green card (including Form I-864, or “Affidavit of Support,” and evidence such as tax returns and pay stubs)

For green card applicants living abroad, the process is slightly different. The next step is to file an application package with the National Visa Center (NVC), which is run by the State Department. 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. Here are critical elements of an NVC filing package:

Government filing fees of $445 (including $120 for the financial support form and $325 for the State Department processing fee)
Form DS-260 (green card application filed online)
Proof of nationality of the spouse seeking a green card (copy of birth certificate and passport photo page)
Copy of a police clearance certificate for the spouse seeking a green card (showing previous interactions with law enforcement, if any)
Proof of the sponsoring spouse’s ability to financially support the spouse seeking a green card (including Form I-864, or “Affidavit of Support,” and evidence such as tax returns and pay stubs)

The third step is to attend the green card interview and wait for approval. The interviewing officer’s primary goal is to assess the authenticity of the marriage. Questions can focus on the couple’s relationship history, as well as their daily activities and future plans together. If the interviewing officer is sufficiently convinced that the marriage is not fraudulent, they will approve the spouse for a green card.

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