Falling in love is universal, but when your partner lives in another country, the path to building a life together in the United States can be complex. Marriage-based immigration offers a legal route for foreign nationals to live permanently in the U.S. with their American spouses. Understanding how this process works, the required petitions, and the timeline can help couples avoid delays and ensure a smoother journey from engagement to green card.
Marriage-Based Immigration: The Basics
A U.S. citizen or lawful permanent resident (green card holder) can sponsor their foreign spouse for permanent residence. This process establishes that the marriage is genuine and not solely for immigration benefits. The U.S. Citizenship and Immigration Services (USCIS) carefully reviews every case to ensure legitimacy, so providing thorough evidence and following proper procedures is essential.
Spouse of a U.S. Citizen vs. Spouse of a Permanent Resident
There are key differences between marrying a U.S. citizen and marrying a green card holder. A U.S. citizen’s spouse is considered an “immediate relative,” which means there’s no waiting period for a visa number, making the process faster. Spouses of green card holders fall under the “family preference” category and may face longer wait times before receiving a visa due to annual limits.
The Process for Applying for a Marriage Green Card
If the foreign spouse is already in the U.S. and was lawfully admitted or paroled, they can typically apply for adjustment of status while the U.S. spouse submits a Petition for Alien Relative. If the spouse lives abroad, the case is handled through consular processing. Once approved, the spouse receives an immigrant visa to enter the U.S. as a permanent resident. The couple will later attend an interview to verify the authenticity of the marriage.
Conditional vs. Permanent Green Cards
If your marriage is less than two years old when your green card is approved, you’ll receive a conditional green card valid for two years. Before it expires, you must file a Petition to Remove Conditions on Residence, to prove that your marriage is still genuine. After approval, the foreign spouse becomes a lawful permanent resident with a 10-year green card.
Proving a Bona Fide Marriage
USCIS places great emphasis on proving the authenticity of the marriage. Couples should provide documentation such as joint bank accounts, leases, utility bills, photos together, travel records, affidavits from friends and family, and proof of communication. During the interview, officers may ask detailed questions about your relationship, daily routines, and future plans to ensure your marriage is legitimate.
Common Challenges and Delays
Even honest couples can face complications. Missing paperwork, incomplete evidence, or inconsistent answers during interviews can lead to delays or denials. In some cases, a second interview, known as a “Stokes interview”, may be required. Hiring an experienced immigration attorney can help couples prepare documentation properly and avoid costly mistakes.
From Green Card to Citizenship
After holding a green card for three years and remaining married to and living with a U.S. citizen, the foreign spouse may apply for U.S. citizenship through naturalization. This step marks the final stage of the marriage immigration journey, allowing the individual to enjoy full rights as an American citizen.
Exciting and Stressful
Marriage immigration in the U.S. can be both exciting and stressful, blending love with legal complexities. By understanding the process, providing honest documentation, and seeking professional guidance when needed, couples can turn their cross-border relationships into lasting partnerships on American soil.
FAQs About Marriage Immigration in the U.S.
How long does the marriage green card process take?
Processing times vary, but for spouses of U.S. citizens, it generally takes between 10 and 18 months. For spouses of green card holders, it can take up to 30 months or longer depending on visa availability.
Do I need to be married before applying for a green card?
Yes. Only legally married couples can file a marriage-based green card application. However, if you’re engaged, a fiancé(e) visa (K-1) may be an alternative.
Can same-sex couples apply for marriage-based immigration?
Yes. U.S. immigration law recognizes same-sex marriages as long as the marriage is legally valid in the jurisdiction where it took place.
What happens if we separate or divorce during the process?
If the marriage ends before receiving permanent residency, the application may be denied. If the foreign spouse already has a conditional green card, they may apply for a waiver if the marriage was entered into in good faith.
How can I prove that my marriage is genuine?
Provide as much joint evidence as possible such as bank statements, leases, photos, communication records, and affidavits from family or friends who know the couple.
Can I travel outside the U.S. while my green card application is pending?
You can travel only if you receive advance parole from USCIS. Leaving without it may result in your application being considered abandoned.
