Marrying a U.S. citizen or lawful permanent resident can provide a path toward permanent residence in the United States, but marriage alone does not automatically give someone a green card.
Couples must complete an immigration process, provide supporting documentation and demonstrate that their marriage is genuine. Depending on the circumstances, they may also need to attend an interview and address immigration issues that could affect eligibility.
Understanding the marriage green card process before you begin can help you prepare a stronger application and avoid preventable problems.
At Roberson Law, LLC, we help couples navigate family-based immigration and understand what to expect at each stage of the process.
What Is a Marriage Green Card?
A marriage-based green card allows an eligible foreign national married to a U.S. citizen or lawful permanent resident to become a lawful permanent resident of the United States.
However, U.S. immigration authorities don’t approve an application simply because a couple has a valid marriage certificate.
The couple must establish that the marriage is legally valid and was entered into in good faith rather than primarily to obtain an immigration benefit. The applicant must also meet the other requirements for permanent residence.
How you apply can depend on several factors, including where the foreign spouse currently lives and whether the sponsoring spouse is a U.S. citizen or permanent resident.
Adjustment of Status vs. Consular Processing
One of the first questions couples face is where the green card process will take place.
Some applicants who are already in the United States may be eligible to apply for permanent residence through a process known as adjustment of status.
Other applicants complete the process through a U.S. embassy or consulate abroad. This is generally known as consular processing.
These aren’t interchangeable options for every applicant.
Immigration history, current status, manner of entry, family circumstances and other factors can affect which process is available and appropriate.
Before filing, it is important to understand which path applies to your situation.
The Marriage Green Card Process Starts With the Family Relationship
A marriage-based immigration case generally begins by establishing the qualifying relationship between the spouses.
The sponsoring spouse typically files a family-based petition with U.S. Citizenship and Immigration Services (USCIS). The purpose of this petition is to establish that a qualifying marital relationship exists.
Depending on the case, the foreign spouse may be able to pursue the permanent residence portion of the process at the same time, or additional steps may follow later.
Submitting the forms is only part of the process.
Supporting evidence plays a critical role.
How Do You Prove Your Marriage Is Genuine?
USCIS wants to determine whether you entered your marriage in good faith.
A marriage certificate proves that a legal marriage occurred, but couples may need additional evidence showing that they have built a genuine life together.
Evidence can vary considerably from one couple to another and may include documents showing:
- A shared residence
- Joint finances
- Joint bank accounts
- Shared insurance policies
- Joint tax filings
- Shared bills or financial responsibilities
- Travel together
- Photographs throughout the relationship
- Communications or other records documenting the relationship
- Children together
- Beneficiary designations
- Other evidence of a shared life
There is no single document that proves every legitimate marriage.
Strong cases usually tell a consistent story through multiple types of evidence.
What If You Don’t Have Many Joint Documents?
Not every married couple organizes their life in the same way.
One spouse may have owned the home before the marriage. A couple may maintain separate bank accounts. Newlyweds may not yet have years of shared financial records. Cultural, financial or practical circumstances can also affect the documents a couple has available.
A lack of one particular type of evidence does not automatically mean a marriage isn’t genuine.
However, it can make thoughtful case preparation even more important.
An immigration attorney can review the evidence you do have and help identify other documentation that may support your case.
What Happens at a Marriage Green Card Interview?
Many couples worry about the immigration interview long before it happens.
The interview gives immigration officials an opportunity to review the application, verify information and ask questions about the marriage and the applicant’s eligibility.
Questions can involve the couple’s relationship, living arrangements, personal history and information contained in the immigration filings.
Preparation matters.
Both spouses should understand what was submitted in their case and answer questions truthfully. Inconsistencies between forms, supporting documents and interview answers can create additional questions.
Trying to memorize scripted answers is not the goal.
Knowing your own case is.
What Can Complicate a Marriage Green Card Application?
Some marriage green card cases are relatively straightforward. Others involve issues that require additional analysis before anything is filed.
Potential complications can include:
- Previous immigration violations
- Visa overstays
- Entry without inspection
- Previous marriages
- Prior immigration petitions
- Criminal history
- Previous visa or immigration denials
- Inconsistent information in past immigration filings
- Questions about financial sponsorship
- Requests for additional evidence
- Prior removal or deportation proceedings
- Allegations of fraud or misrepresentation
These issues don’t necessarily mean someone cannot obtain permanent residence.
They do mean that filing forms without first understanding the potential consequences can create unnecessary risk.
What Is a Request for Evidence?
USCIS may issue a Request for Evidence, often called an RFE, when it determines that it needs additional information or documentation before making a decision.
Receiving an RFE does not automatically mean USCIS will deny the application.
It does mean you should take the request seriously.
The response must address what USCIS is asking for and comply with the applicable deadline. Sending unrelated documents or an incomplete response may not resolve the issue.
Careful preparation at the beginning of a case can reduce some avoidable problems, although USCIS may still request additional evidence.
What Happens If You’ve Been Married for Less Than Two Years?
Some spouses receive conditional permanent resident status when the qualifying marriage is less than two years old at the time permanent residence is granted.
Conditional residence is not the end of the immigration process.
The couple generally must later take an additional step to request removal of those conditions and demonstrate that the marriage was entered into in good faith.
Missing this stage can have serious immigration consequences.
Couples should understand from the beginning whether conditional residence may apply to their case and what they will need to do later.
Can You Work While a Marriage Green Card Is Pending?
Employment authorization depends on the applicant’s circumstances and the type of immigration process involved.
Certain applicants pursuing adjustment of status may also be eligible to apply for employment authorization while their permanent residence case remains pending.
However, couples shouldn’t assume that filing a marriage petition automatically authorizes the foreign spouse to work.
Understanding your current immigration status and employment authorization is important before beginning or continuing employment in the United States.
Can You Travel While Your Green Card Application Is Pending?
International travel can also create important immigration questions.
Depending on an applicant’s status and pending applications, leaving the United States without appropriate authorization can affect the case.
Don’t assume that a pending marriage green card application gives you permission to leave and freely return to the United States.
If you need to travel while an immigration case is pending, discuss your specific circumstances with an immigration attorney before making plans.
How Long Does the Marriage Green Card Process Take?
There isn’t one processing time that applies to every marriage green card case.
Timing can depend on the type of application, where the applicant lives, the immigration agency or office handling the case, whether additional evidence is requested and other circumstances.
Government processing times can also change.
Rather than relying on an old timeline found online, check current government information and evaluate the circumstances of your particular case.
More importantly, don’t sacrifice accuracy just to file quickly.
A preventable mistake at the beginning can create much larger delays later.
Do You Need an Immigration Lawyer for a Marriage Green Card?
The law doesn’t require every couple to hire an attorney simply because they’re applying for a marriage green card.
However, immigration law can become complicated quickly.
An attorney can help determine the appropriate filing strategy, identify potential problems before filing, review supporting evidence, prepare applications and help couples understand what to expect throughout the process.
Legal guidance can become particularly important when a case involves previous immigration problems, criminal history, prior marriages, previous petitions or other complications.
Even couples who believe they have a straightforward case may benefit from understanding the process before submitting anything to the government.
Start Your Marriage Green Card Process With a Clear Plan
A successful marriage green card case involves more than completing forms.
You need to understand the immigration path available to you, provide accurate information, document your relationship and prepare for the steps that may follow.
Every couple’s circumstances are different.
At Roberson Law, LLC, we help individuals and families navigate marriage-based immigration and other family immigration matters. We can review your circumstances, explain your options and help you approach the process with a clear strategy.
If you are considering applying for a green card through marriage or have already started the process and encountered a problem, contact Roberson Law, LLC to discuss your immigration case with an experienced immigration attorney.
