Obtaining a green card through marriage is a common pathway for foreign nationals to establish permanent residency in the United States. If you're in a marriage with a U.S. citizen or permanent resident and considering taking this significant step, this guide will walk you through the essential steps of the application process.

  1. Eligibility and Requirements: Before initiating the green card application process, it's crucial to ensure that both you (the foreign spouse) and your partner (the U.S. citizen or permanent resident) meet the eligibility criteria. Additionally, gather the necessary documentation, such as proof of your relationship, marriage certificate, and any required supporting documents.
  2. File Form I-130 - Petition for Alien Relative: The U.S. citizen or permanent resident spouse must submit Form I-130 to the United States Citizenship and Immigration Services (USCIS). This form establishes the legitimacy of your marital relationship and initiates the green card application process.
  3. Waiting for Form I-130 Approval: After submitting Form I-130, the USCIS will review your petition. Once approved, the case is typically transferred to the National Visa Center (NVC) for further processing. If you are already in the U.S., the case may be transferred to the appropriate USCIS office for the next steps.
  4. Choose Consular Processing or Adjustment of Status: Depending on your circumstances, you may choose between consular processing or adjustment of status. Consular processing is applicable if you are residing outside the U.S., while adjustment of status is for those already present in the country. Each option has its requirements and procedures, so choose the one that suits your situation.
  5. Prepare Affidavit of Support (Form I-864): The sponsoring spouse must submit Form I-864, Affidavit of Support, to demonstrate financial capability to support the foreign spouse. This form ensures that the immigrant will not become a public charge and that they have adequate financial backing.
  6. Biometrics and Interview: Both spouses will likely be required to provide biometrics (fingerprints, photograph). Subsequently, an interview may be scheduled to assess the validity of the marriage and evaluate the eligibility for a green card. Be prepared to answer questions about your relationship and provide additional documentation if needed.
  7. Conditional or Permanent Green Card: If your marriage is less than two years old at the time of approval, you may receive a conditional green card. In such cases, you will need to jointly file Form I-751 to remove the conditions within 90 days before the card expires. If your marriage has exceeded two years, you'll receive a permanent green card.

Conclusion: Applying for a green card through marriage involves a thorough and often intricate process. Ensuring that you meet all the requirements, submit accurate documentation, and follow the necessary steps diligently will increase the likelihood of a successful application. If you find the process overwhelming, consider seeking guidance from an immigration attorney who can provide personalized assistance tailored to your unique situation. Remember, patience and attention to detail are key throughout this journey towards obtaining permanent residency in the United States.