A green card through marriage requires proof of a valid marriage to a U.S. citizen or permanent resident and meeting all eligibility criteria set by U.S. Citizenship and Immigration Services (USCIS). The process involves filing forms, attending interviews, and demonstrating a genuine relationship.
The spouse of a U.S. citizen or permanent resident can apply for a green card through marriage. The U.S. citizen or permanent resident acts as the petitioner, while the foreign spouse is the beneficiary. The process begins with Form I-130, Petition for Alien Relative, followed by Form I-485, Application to Register Permanent Residence or Adjust Status, if the foreign spouse is already in the U.S.
There are two primary paths: adjustment of status and consular processing.
Many applicants confuse the marriage-based green card with other family-based visas. The K-1 visa, for example, is for fiancés, not spouses., some assume that common-law marriages are automatically recognized, but USCIS requires specific documentation.
One non-obvious requirement is the joint filing of tax returns. USCIS may request proof of joint tax filings to demonstrate a genuine marital relationship. Failure to provide this can lead to delays or denials.
Maria, a U.S. citizen, marries Juan, a citizen of Mexico. Maria files Form I-130 for Juan. Since Juan is already in the U.S. on a tourist visa, he files Form I-485 to adjust his status. They attend a biometrics appointment and an interview. USCIS approves the application, and Juan receives his green card.
If Juan had been in Mexico, Maria would have filed Form I-130 first. After approval, Juan would have applied for an immigrant visa through consular processing. He would attend an interview at the U.S. embassy in Mexico and receive his immigrant visa, allowing him to travel to the U.S. as a permanent resident.
When helping my sister go through this process, we encountered delays due to missing medical exam results. Ensuring all forms were correctly filled out and supporting documents were gathered beforehand saved us weeks of back-and-forth with USCIS.