MARRIAGE GREEN CARDS

The total processing time for a marriage-based green card varies from case to case, depending on individual circumstances. AVA attorneys are able to assess your individual circumstances to give you a more precise estimate on how long it may take your case to process.

To ensure your application doesn’t get rejected or delayed due to a Request for Evidence, it is important to file all paperwork correctly the first time around. With AVA, our team of attorneys will help make sure your application is ready for USCIS. Learn more, or find out if you’re eligible for a green card.

As of October 2022, the government filing fee for applying for a marriage-based green card is $1,760 for a spouse living in the U.S. or $535 for a spouse living abroad. 

At AVA, our experienced immigration attorneys will guide you through your green card application and answer all your questions. Let’s get started!

To obtain a green card through marriage, you must first submit Form I-130 (“Petition for Alien Relative”) to the U.S. Citizenship and Immigration Services (USCIS), part of the Department of Homeland Security.

Filing the I-130 form with supporting documents is necessary to show that a qualifying relationship exists. Marriage to a U.S. citizen or Permanent Resident constitutes a qualifying relationship. 

The spouse filing the I-130 is known as the “petitioner” or “sponsor.” This is the spouse who is a U.S. citizen or permanent resident. The spouse seeking a green card is known as the “beneficiary” or “green card applicant.”

An I-130 filing package generally includes:

• Government filing fee of $535*
• Evidence that the sponsoring spouse is a U.S. citizen (copy of the sponsor’s birth certificate, naturalization certificate, or valid U.S. passport, for example) or permanent resident (copy of the sponsor’s green card)
• Marriage Certificate 
• Proof that the marriage is legitimate (for example, a joint lease, joint bank account statements, and pictures together)
• Proof that any previous marriage of either spouse has been terminated (if applicable)

A receipt notice will be mailed to the sponsoring spouse after the I-130 filing package has been mailed to the appropriate USCIS address. USCIS will send the receipt notice within 10 business days, but it can arrive up to 30 days later.

When the I-130 form has been approved and the qualifying relationship established, the next step is determining whether the spouse seeking a green card is eligible.

With AVA, you get the confidence of a team of attorneys dedicated to guiding you through this process. Our attorneys review all forms and evidence to ensure that you are filing an application with a high chance of success. Learn more about how we can help you by scheduling a consultation.

Establishing the spouse’s eligibility for a green card

Depending on where the beneficiary lives, the U.S. government follows two different processes to determine if a spouse is eligible for a marriage-based green card:

FOR GREEN CARD APPLICANTS RESIDING IN THE U.S. 

If the spouse beneficiary seeking a green card physically lives in the U.S., the next step is to file Form I-485 (Application to Register Permanent Residence or Adjust Status). The I-485 is filed with USCIS, usually at the same time as the I-130. Note that this can also be used to apply for employment-based, humanitarian, and diversity visa lottery green cards.

An I-485 filing package includes:

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

AVA attorneys can help both U.S. citizens and U.S. permanent residents sponsor their spouses for marriage green cards through the adjustment of status process. Check your eligibility.

FOR GREEN CARD APPLICANTS LIVING ABROAD

The process is different when sponsoring a green card for a spouse living abroad. The next step in this approach is to provide documents to the National Visa Center (NVC), which is run by the State Department. The NVC reviews the necessary forms and documents and schedules an interview at a U.S. embassy or consulate abroad. 

An NVC filing package includes:

• Government filing fees of $445* (including $120 for the financial support form and $325 for the State Department processing fee)

• Form DS-260 

• Proof of nationality of the beneficiary spouse (copy of birth certificate and passport biographic page)

• Proof of the sponsoring spouse’s ability to financially support the beneficiary spouse (including Form I-864, Affidavit of Support, and evidence such as tax returns and pay stubs)

• Copy of a police clearance certificate for the beneficiary spouse

Once processed, the NVC then forwards it to a U.S. embassy or consulate in the home country of the beneficiary spouse. 

Do you have confidential questions about your eligibility for a marriage green card? AVA attorneys will guide you through the entire green card process and answer any questions you may have.

The final step in the marriage-based green card process is the interview. The interviewing officer’s primary goal is to determine the marriage’s authenticity. During the interview, the interviewer will focus on the couple’s relationship history, daily activities, and plans for the future. Green cards will likely be approved if the interviewing officer is sufficiently convinced that the marriage is not fraudulent and that the required documents and evidence are present. 

Interview locations and whether the sponsoring spouse must also attend depend on where the spouse is currently living:

DOES YOUR SPOUSE LIVE IN THE UNITED STATES?

At a local USCIS office, the beneficiary spouse will be interviewed with the sponsoring spouse. A green card will typically arrive by mail within 2-3 weeks of case approval. Approvals can often occur after the interview.

DOES YOUR SPOUSE LIVE ABROAD?

If a beneficiary spouse is applying for a green card from abroad, they will have to attend an interview at a U.S. embassy or consulate in their home country. The sponsoring spouse is not required to attend the interview.

After receiving a visa stamp in their passport, the spouse seeking a green card will be able to travel to the United States. The USCIS Immigrant Fee* ($220) must be paid online before a physical green card can be issued. This fee should be paid before the spouse departs for the U.S. The green card is typically mailed to the couple’s U.S. address after arrival.

With AVA, your case is important to us. See how we can help you. Schedule a consultation.