Green Card Process for U.S. Citizen Spouse: A Complete Guide
Introduction
A U.S. citizen can sponsor their spouse for a green card (lawful permanent residency), allowing them to live and work permanently in the United States. The spousal green card process involves several steps, including filing petitions, attending interviews, and meeting financial requirements. This guide explains the eligibility criteria, required documents, application timeline, and potential challenges in obtaining a marriage-based green card.
Step 1: Determine Eligibility for a Marriage-Based Green Card
To apply for a green card through marriage, the U.S. citizen spouse must act as the sponsor (petitioner), and the foreign spouse must be the beneficiary (applicant). The marriage must be legally valid and recognized in the country where it took place.
Eligibility Criteria:
- The marriage must be legitimate and not for immigration purposes.
- The U.S. citizen spouse must meet financial sponsorship requirements.
- If the foreign spouse is inside the U.S., they must have entered legally.
If the marriage is less than two years old at the time of green card approval, the spouse will receive conditional permanent residency (a two-year green card). After two years, they must file Form I-751 to remove conditions and obtain a 10-year green card.
Step 2: File Form I-130 (Petition for Alien Relative)
The first step in sponsoring a spouse for a green card is filing Form I-130 with the U.S. Citizenship and Immigration Services (USCIS). This petition establishes the marital relationship.
Documents Required for Form I-130:
- Proof of U.S. citizenship (passport, birth certificate, or naturalization certificate)
- Marriage certificate
- Evidence of a bona fide marriage (photos, joint financial records, lease agreements, affidavits from friends and family)
- Passport-sized photos of both spouses
Step 3: Determine the Right Application Process
The process for obtaining a green card depends on whether the foreign spouse is inside or outside the U.S.
- If the spouse is inside the U.S. (Adjustment of Status): They can apply for a green card without leaving the country by filing Form I-485 (Application to Register Permanent Residence or Adjust Status).
- If the spouse is outside the U.S. (Consular Processing): They must apply through a U.S. consulate in their home country.
Step 4: Submit Form I-485 (If the Spouse is Inside the U.S.)
If the foreign spouse is already in the U.S. on a valid visa, they can file Form I-485 to adjust status. This step is only available to those who entered the U.S. legally.
Documents Required for Form I-485:
- Copy of Form I-130 approval notice
- Passport and birth certificate of the foreign spouse
- Medical exam report (Form I-693) from a USCIS-approved doctor
- Proof of financial support (Form I-864, Affidavit of Support)
- Evidence of lawful U.S. entry (I-94 travel record, visa stamp)
Step 5: Consular Processing (If the Spouse is Outside the U.S.)
If the foreign spouse is outside the U.S., they must go through consular processing at a U.S. embassy.
Steps for Consular Processing:
- National Visa Center (NVC) Processing: After I-130 approval, the NVC requests supporting documents.
- DS-260 Online Immigrant Visa Application: The foreign spouse submits the visa application and fees.
- Medical Examination: The spouse must complete a medical exam at an embassy-approved facility.
- Visa Interview: The spouse attends a visa interview at the U.S. consulate in their home country.
Step 6: Attend the Green Card Interview
Both processes (adjustment of status and consular processing) require the foreign spouse to attend an interview with a USCIS officer or consular officer.
Common Interview Questions:
- How and when did you meet your spouse?
- Where did you get married?
- What are your spouse’s hobbies and interests?
- Do you live together? If not, why?
- Do you have joint bank accounts or financial commitments?
If the officer is convinced that the marriage is genuine, they will approve the green card. If they suspect fraud, they may request more evidence or schedule a second interview (Stokes interview).
Step 7: Receive the Green Card
If the application is approved:
- The foreign spouse will receive a green card valid for two years (if the marriage is under two years old) or a 10-year green card (if the marriage is over two years old).
- If applying from outside the U.S., the spouse receives an immigrant visa and enters the U.S. as a lawful permanent resident.
Step 8: Remove Conditions on a Two-Year Green Card
If the foreign spouse receives a conditional green card, they must file Form I-751 (Petition to Remove Conditions on Residence) within 90 days before the expiration date.
Common Reasons for Spousal Green Card Denial and How to Avoid Them
- Insufficient Proof of a Genuine Marriage
- Solution: Provide strong evidence such as joint financial statements, lease agreements, and personal photographs.
- Inadequate Financial Support by the U.S. Citizen Sponsor
- Solution: The sponsor must meet the minimum income requirement (125% of the federal poverty level) or have a co-sponsor.
- Criminal Record or Immigration Violations
- Solution: Consult with an immigration attorney if there are past visa overstays, unlawful entries, or criminal records.
- Missing or Incomplete Documentation
- Solution: Double-check all required forms and supporting documents before submission.
Green Card Processing Time and Fees
Processing time varies based on USCIS workload and embassy schedules.
- Form I-130 Processing Time: 6 to 12 months
- Adjustment of Status (I-485) Processing Time: 12 to 24 months
- Consular Processing Time: 6 to 12 months
Government Filing Fees:
- Form I-130: $535
- Form I-485 (Adjustment of Status): $1,225 (including biometrics fee)
- Form I-751 (Removing Conditions): $680
Conclusion
The green card process for a U.S. citizen spouse requires careful documentation, meeting financial requirements, and successfully passing the USCIS or consular interview. Whether applying through adjustment of status or consular processing, following the correct steps and preparing strong evidence will help ensure a smooth approval process.
At SHV Law Corporation, we provide expert legal guidance for spousal green card applications, overcoming denials, and ensuring successful petition approvals.
If you have any questions about immigration law, your case, or our services, we’d love to hear from you. Simply fill out the form below, and we’ll get back to you as soon as possible.
Shams Vahedi, Esq.
U.S. Immigration Attorney
Admitted to New York State Courts & Federal Courts
Practicing Exclusively in California
