Getting a green card is a significant step toward building a life in the United States. For many, marriage to a U.S. citizen or green card holder is the fastest route to obtaining this coveted status.
Whether you’re in love with an American citizen or a green card holder, understanding the intricacies of the process is essential for a smooth and successful journey.
This guide will help you navigate the fastest way to get a green card through marriage, shedding light on everything from eligibility requirements to application procedures.
By the end of this article, you’ll be well-equipped with the knowledge needed to embark on this life-changing process. You’ll understand the differences between marrying a U.S. citizen and a green card holder, the critical role of timing, and how to avoid common pitfalls.
Key Takeaways:
- Marrying a U.S. citizen is the fastest route to obtaining a green card.
- Understanding the differences between marrying a citizen vs. a green card holder is crucial.
- Proper documentation and legal guidance can significantly speed up the process.
What Does It Mean to Have a Green Card?
A green card, officially known as a Permanent Resident Card, is a document that grants an individual the right to live and work permanently in the United States. Holding a green card is a significant step toward U.S. citizenship, allowing you to enjoy many of the rights and privileges of full citizens, such as working for any employer and residing in the U.S. indefinitely.
Additionally, green card holders can travel freely in and out of the U.S., though they must maintain residency in the country to avoid losing their status.
Green card holders are also eligible for certain government benefits and can sponsor relatives for their own green cards. However, it’s important to note that while green card holders have many rights, they are not U.S. citizens and cannot vote in federal elections.
Why Do You Need a Green Card?
Having a green card is essential for anyone who wishes to live and work in the United States on a long-term basis. It provides security and stability, allowing you to build a life in the U.S. without the constant worry of visa renewals. Additionally, a green card is often a necessary step if you wish to eventually become a U.S. citizen.
Without a green card, your ability to work and live in the U.S. is typically tied to a specific visa, which may have strict requirements and limitations. A green card frees you from these constraints, offering the flexibility to change jobs, travel, and live in the U.S. without fear of being forced to leave. For many, the green card represents the opportunity to achieve the American dream, providing a pathway to prosperity and success.
If I Marry a Green Card Holder, Can I Get a Green Card?
Yes, marrying a green card holder does make you eligible to apply for a green card. However, it’s important to note that the process is typically longer and more complex compared to marrying a U.S. citizen.
When you marry a U.S. citizen, you are classified as an immediate relative, which generally leads to faster processing times. On the other hand, if you marry a green card holder, you fall into the family preference category, which often involves waiting for a visa number to become available before you can apply for a green card.
The wait time can vary depending on the country of origin and current immigration policies, but it is generally longer than the process for spouses of U.S. citizens. Despite this, many people successfully obtain green cards through marriage to a green card holder, provided they meet all the necessary requirements and submit a well-prepared application.
Do I Need a Lawyer to Apply for a Green Card Through Marriage?
While it is not mandatory to hire a lawyer to apply for a green card through marriage, having legal representation can be incredibly beneficial. The process of applying for a green card is complex, involving multiple forms, documentation, and often, an interview. Any mistakes or omissions can lead to delays or even denials, so having an experienced immigration attorney guide you through the process can save time and reduce stress.
A lawyer can help ensure that your application is complete and accurate, assist with gathering the necessary documentation, and represent you in communications with U.S. Citizenship and Immigration Services (USCIS). If your case is complicated, such as if you have a criminal record or previous immigration violations, legal assistance becomes even more critical.
Green Card Through Marriage Requirements
To obtain a green card through marriage, there are several requirements that both you and your spouse must meet. These include:
- Valid Marriage: You must be legally married to a U.S. citizen or green card holder. The marriage must be genuine, meaning it was not entered into solely for the purpose of obtaining a green card.
- Proof of Relationship: You must provide evidence that your marriage is bona fide. This can include joint bank account statements, photos, affidavits from friends and family, and other documentation that shows you share a life together.
- Eligibility of the Spouse: The spouse petitioning for you must be either a U.S. citizen or a green card holder. They must also be able to prove that they can financially support you or have a co-sponsor.
- Immigration Status: You must be physically present in the U.S. legally if applying from within the country. If applying from abroad, you will need to go through consular processing.
- Medical Examination: You must undergo a medical examination by a USCIS-approved doctor and provide proof of vaccination against certain diseases.
- Background Check: Both you and your spouse must undergo a background check. Any criminal record or immigration violations can complicate your case.
Fastest Way to Get a Green Card Through Marriage
The fastest way to obtain a green card through marriage is to marry a U.S. citizen. As the spouse of a U.S. citizen, you are considered an immediate relative, which means you are not subject to the annual visa caps that apply to other categories. This results in faster processing times, often within 10 to 13 months, depending on your location and the specifics of your case.
To expedite the process, it’s crucial to ensure that all paperwork is correctly completed and submitted as quickly as possible. The process involves several steps:
- File Form I-130 (Petition for Alien Relative): This form is filed by the U.S. citizen spouse to establish the relationship with the foreign spouse. Processing times can vary, but it is typically the first step in the process.
- File Form I-485 (Application to Register Permanent Residence or Adjust Status): If you are already in the U.S., you can file this form concurrently with Form I-130 to adjust your status to permanent resident without leaving the country.
- Attend Biometrics Appointment: After submitting your application, you will be required to attend a biometrics appointment where your fingerprints, photo, and signature will be taken.
- Attend the Green Card Interview: Both spouses will be required to attend an interview with a USCIS officer. The purpose of this interview is to verify the authenticity of your marriage and assess your eligibility for a green card.
- Receive Your Green Card: If all goes well, you will receive your green card in the mail shortly after your interview.
It’s important to note that marrying a green card holder can also lead to permanent residence, but the process is generally slower because you must wait for a visa number to become available. For the fastest results, marrying a U.S. citizen is the preferred route.
Marrying Green Card Holder vs. Citizen
The key difference between marrying a green card holder and a U.S. citizen lies in the processing times and eligibility for a green card. As mentioned earlier, marrying a U.S. citizen places you in the immediate relative category, which is not subject to visa caps, leading to faster processing times.
In contrast, marrying a green card holder places you in the family preference category, which does have visa caps, leading to potentially longer wait times.
Moreover, if you marry a U.S. citizen, you can apply for a green card while staying in the U.S., even if your current visa has expired, thanks to the adjustment of status process. However, if you marry a green card holder, you must maintain lawful status in the U.S. until your visa number becomes available, which can complicate the process if your current visa is nearing expiration.
Frequently Asked Questions
Can I work while my green card application is pending?
Yes, you can apply for a work permit (Employment Authorization Document) while your green card application is pending. This allows you to work legally in the U.S. while you wait for your green card.
How long does the green card process take if I marry a U.S. citizen?
The process typically takes 10 to 13 months, depending on your location and the specifics of your case.
Can I travel outside the U.S. while my green card application is pending?
Yes, but you must apply for a travel permit (Advance Parole) before leaving the U.S. Traveling without this permit could result in your application being denied.
What if my green card application is denied?
If your application is denied, you may be able to appeal the decision or reapply. Consulting with an immigration lawyer is recommended if your application is denied.
How much does it cost to apply for a green card through marriage?
As of 2024, the total cost for filing the necessary forms is approximately $1,760, including biometrics fees. However, fees can change, so it’s important to check the latest USCIS fee schedule.
Conclusion
Obtaining a green card through marriage is one of the most direct paths to U.S. residency, especially if you marry a U.S. citizen. However, the process requires careful attention to detail, proper documentation, and often, legal guidance to ensure everything goes smoothly.
By understanding the requirements, timelines, and potential obstacles, you can navigate this process with confidence and begin your new life in the United States as quickly as possible.
