Everything You Need to Know About Marriage-Based Green Cards / Permanent Residence
The U.S. immigration system was built on the principle of family unity. Under the Immigration and Nationality Act, U.S. citizens and permanent residents can petition to bring their close family members—spouses, children, parents, and siblings—to live in the United States as permanent residents. One of the most common family-based immigration processes is the marriage-based green card, allowing spouses to live together in the U.S.
In this blog post, we answer frequently asked questions about the marriage-based visa process, helping you understand the requirements and steps involved.
What Are the Requirements for a Marriage Green Card?
A marriage green card requires proof that the marriage is bona fide—meaning that it is genuine and not entered into for immigration purposes. You must also be legally married, either in the U.S. or abroad. Finally, the petitioner must be a U.S. citizen or permanent resident (green card holder).
Can a Permanent Resident Petition for Their Spouse?
Yes, both U.S. citizens and permanent residents can petition for their spouses. However, one key difference is the processing time. For permanent residents, the wait time for a spousal petition can be around two years. By contrast, U.S. citizen petitioners usually see much faster processing times, often under a year. In some cases, it may be faster for the permanent resident to apply for U.S. citizenship before filing the spousal petition.
What If We Are Engaged but Not Yet Married?
To petition for a spouse, you must already be married. If your fiancé is living abroad and you plan to file an I-130 spousal petition, you will need to marry abroad first or marry in the U.S. if your fiancé enters on another visa (like a B1/B2 visitor visa). Keep in mind that entering the U.S. on a tourist visa with the intention to marry could raise concerns of visa fraud, especially if the marriage takes place within 90 days of entry.
If you're not yet married, you can file for a fiancé visa (K-1) using Form I-129F. However, the K-1 visa process can be more complex and take longer than the spousal petition. Once your fiancé enters the U.S. on a K-1 visa, you must marry within 90 days, after which your spouse can apply for permanent residency.
What Are the Income Requirements to Sponsor a Spouse?
To sponsor a spouse, the petitioner must meet the minimum income requirements set by U.S. immigration law. This is done by submitting Form I-864, which demonstrates that you can financially support your spouse. The minimum income levels are outlined in Form I-864P, which can be found on the USCIS website here.
If your income does not meet the requirements, you will need a co-sponsor—a friend, family member, or another individual who meets the income threshold to submit a second Form I-864.
How Long Does It Take to Get a Marriage Green Card?
Processing times vary based on whether the petitioner is a U.S. citizen or a permanent resident. U.S. citizens can expect processing times of more or less a year, but could sometimes be more, from filing the I-130 to completing processing. For permanent residents, the entire process can take over two years or more.
Do I Need an Immigration Lawyer to Apply for a Marriage Green Card?
While it is not required to hire a lawyer, working with an experienced immigration attorney can help you avoid common pitfalls and costly mistakes. The U.S. immigration process can be complex, and many petitions face delays or denials due to errors in the application. Having an attorney by your side ensures that your case is handled properly from the start.
Ready to Start the Process?
If you're ready to petition for your spouse’s green card or have any questions about the process, we're here to help. Schedule a consultation and get expert guidance on your marriage-based immigration case.