Mahaprasad Nanda

You and your spouse will follow a three-step process to get your green card. First, submit your green card application to U.S. Citizenship and Immigration Services (USCIS). Both you and your spouse need to file certain forms. Then, you attend a green card interview. Finally, you receive your green card!

There are two different green card application processes. The one you use depends on whether your spouse is a U.S. citizen or green card holder and whether you live inside or outside the United States.

If both you and your spouse live in the United States, you will file for an adjustment of status. If your spouse is a green card holder, you can stay in the United States for the process if you maintain a valid visa. However, with a U.S. citizen spouse, you do not have to keep a valid status. In this case, you can also file all your forms simultaneously. This filing is called "concurrent filing."

If you live in the United States, you will apply through Form I-485: Application to Register Permanent Residence or Adjust Status.

If you or both you and your spouse currently live abroad, you need to undergo consular processing. You will apply for your green card at a U.S. consulate or U.S. embassy. If you live abroad, you will use Forms DS-260 and DS-261 to undergo the Marriage Green CardConsular Process. 

You and your spouse must prove your marriage is valid and not only for immigration benefits. Your spouse, a member of the U.S. armed forces, will file Form I-130, "Petition for Alien Relative." As your immediate relative, they can sponsor your application for a green card.

Green card application timeline & cost

Generally, this entire process will take 10 to 38 months, including your interview. It will likely take longer if your spouse is a non-citizen and green card holder. You will then have to wait for an "immigrant visa number" to become available before applying for a green card. These visa numbers are automatically available to spouses of citizens.

This process costs $1,200 to $1,760 in government fees, depending on where you live. You also have to get a medical examination, which costs $100 to $500.

Step 2: Attend Green Card Interview

After you submit your forms to USCIS, you must attend an in-person green card interview. USCIS officers use the interview to determine if your marriage is legitimate.

If you apply from within the United States, your interview will be held at a local USCIS office. Both you and your spouse must attend unless your spouse is deployed as a member of the military. If your spouse is deployed, you should bring evidence of your spouse's military orders. You can bring a photocopy of the official orders or a letter from the commanding officer.

If you apply from abroad, your interview will be held at a U.S. consulate. In most cases, only you have to attend.

Step 3: Receive Green Card

Your physical green card will arrive two to three weeks after your final approval if you applied from within the United States or after you arrive in the United States if you applied from abroad. You will then have lawful permanent resident status!

However, there are different kinds of green cards. The Immigration and Nationality Act (INA) differentiates based on how long you and your spouse have been married.

If you have been married for less than two years, you will receive a conditional green card or CR1. This green card expires in two years. After two years, you and your spouse must apply to "remove conditions" through Form I-751. When you remove conditions, you convert your green card from conditional to permanent. As part of the process, you and your spouse must have a second interview with USCIS to prove your marriage is still valid.

If you have been married for longer than two years, you will receive a permanent green card. The permanent card is valid for 10 years. Renewing your green card will be simple, and you won't need to re-verify your marriage.

Three to five years after getting your green card, you can file a naturalization application to become a U.S. citizen. If your sponsoring spouse is abroad and you meet specific requirements, you will qualify for the overseas naturalization process. You can become a U.S. citizen faster under immigration law because of your spouse's status. 

Disclaimer:

The information presented in this article is intended for academic and marketing purposes only and should not be construed as legal advice. It is essential to consult with a qualified immigration attorney or legal professional for accurate and up-to-date legal counsel specific to your individual circumstances. Laws and regulations are subject to change, and professional guidance is crucial to ensure compliance.

OpenSphere is a technology company and does not hold itself out as a law firm. It operates independently and is not affiliated with or endorsed by the U.S. Citizenship and Immigration Services (USCIS) or any government entity.OpenSphere, its authors, and agents do not warrant the accuracy or real-world applicability of the information herein, nor are they liable for any damages arising from reliance on this information.