Marriage-Based Green Card

Engaged or newly married? There are two main pathways to permanent residence (“green card”) based on marriage to a U.S. citizen or Lawful Permanent Resident. Read below for details on the process!

ADJUSTMENT OF STATUS – YOU’RE IN THE U.S.

If both you and your U.S. citizen spouse are in the U.S., you may be eligible to apply for an adjustment of status. Through this process the foreign national spouse “adjusts” their current immigration status to lawful permanent resident. The most important factor to consider is whether the foreign national was “inspected and admitted” to the U.S. for their most recent entry. If you entered using a valid visa, then you were inspected and admitted. Of course, there are other eligibility factors to consider but that is the biggest hurdle to overcome. Assuming there are no serious criminal issues or other immigration violations, one may be eligible to apply.

Forms Required
There are four main forms required when applying for permanent residence based on marriage to a U.S. citizen (USC):
– Form I-130, Petition for Alien Relative
– Form I-130A, Supplemental Information for Spouse Beneficiary
– Form I-485, Application to Register Permanent Residence or Adjust Status
– Form I-864, Affidavit of Support

Optional Forms
As an applicant for adjustment of status, you’re also eligible to apply for work and travel authorization. These allow you to work within the U.S. and travel abroad while your adjustment of status application is pending.
– Form I-765, Application for Work Authorization
– Form I-131, Application for Travel Authorization

Filing Fees to USCIS
Fees are subject to change, dependent on the U.S. Citizenship and Immigration Services (USCIS). Fees may also differ, depending on whether the form is filed online or by mail. The most updated fees can be found on the USCIS website, here: https://www.uscis.gov/g-1055.

The adjustment of status route is nice because it allows you to remain together in the U.S. and offers the options of work and travel authorization. However, many couples marry abroad or the foreign national spouse did not have a lawful entry. Consular Processing may be the better fit.

CONSULAR PROCESSING – YOU’RE OUTSIDE THE U.S.

Whether you got married abroad or circumstances don’t allow you to remain in the U.S., there is still another option for your green card based on marriage! Instead of processing through a local USCIS field office with an adjustment of status application, you’d process an immigrant visa at the U.S. embassy in your country of residence. You’ll then enter using the immigrant visa and be issued a lawful permanent resident card within 90 days of entry to the U.S.

Forms Required
– Form I-130, Petition for Alien Relative
– Form I-130A, Supplemental Information for Spouse Beneficiary
– DS-260, Application for Immigrant Visa
– Form I-864, Affidavit of Support

Filing Fees
Again, fees are subject to change and may differ whether you submit the I-130 online or by mail. The updated fees can be found on the USCIS website, here: https://www.uscis.gov/g-1055.

The DS-260 application fee is also subject to change by the Department of State. As of December 2024, the fee is $325. The affidavit of support fee is $120, totaling $445.

Consular Processing is a bit more complicated, as you work with three different government agencies: the USCIS, the National Visa Center, and the U.S. Embassy. For more details on this process, read “Marriage Based Green Card While Living Abroad“.

CONCLUSION
Whether you’re abroad or in the U.S., marriage to a U.S. citizen does offer pathways to your lawful permanent residence or “green card”. Even if you don’t have a lawful entry to the U.S., you may still be eligible to apply for permanent residence with an I-601A waiver. Read more about that here: “Marriage Based Green Card with Unlawful Entry to the U.S.“

If you’ve married a U.S. lawful permanent resident, you may also be eligible to apply for your own permanent residence, though the process is slightly different. You can read about that here:

Do you have more questions or want more details? Leave a comment below or schedule a consultation and we’re happy to talk you through it!