What is a marriage green card?
A marriage green card, officially known as a “Spouse of a U.S. Citizen” green card, is a type of immigrant visa that allows the foreign spouse of a U.S. citizen to live and work in the United States as a lawful permanent resident. This means that the foreign spouse can reside in the United States indefinitely and enjoy many of the rights and privileges of a U.S. citizen, such as the ability to work, travel freely, and access certain government benefits.
To obtain a marriage green card, the U.S. citizen and their foreign-born spouse must meet certain eligibility requirements and go through a multi-step application process, which typically includes the following steps:
- Marriage: The couple must be legally married, and the marriage must be recognized as valid in the jurisdiction where it took place. Common-law marriages are generally not accepted for immigration purposes.
- Petition: The U.S. citizen spouse must file a Petition for Alien Relative (Form I-130) with U.S. Citizenship and Immigration Services (USCIS) to establish the qualifying relationship. This form demonstrates the intention to sponsor the foreign spouse for a green card.
- Adjustment of Status or Consular Processing: Depending on the foreign spouse’s location, they can either apply for an adjustment of status (if already in the U.S.) or go through consular processing (if outside the U.S.). Adjustment of status involves submitting Form I-485, Application to Register Permanent Residence or Adjust Status, while consular processing involves attending an interview at a U.S. embassy or consulate in their home country.
- Interview and Supporting Documentation: USCIS or the U.S. embassy/consulate may schedule an interview to assess the validity of the marriage and the eligibility of the foreign spouse. During this process, both spouses may need to provide documentation, such as marriage certificates, financial records, and proof of a genuine relationship.
- Conditional Green Card (if applicable): If the marriage is less than two years old at the time of approval, the foreign spouse will receive a conditional green card that is valid for two years. To remove the conditions and obtain a permanent (10-year) green card, the couple must jointly file Form I-751, Petition to Remove Conditions on Residence, within the 90-day period before the conditional green card expires.
What is an IR-1/CR-1 visa?
IR-1 and CR-1 visas are immigrant visas issued by the United States for the spouses of U.S. citizens. These visas are intended for foreign spouses who are married to U.S. citizens and wish to live permanently in the United States. The main difference between the two visa categories is the timing of the issuance and the conditions attached to the visa when the foreign spouse enters the U.S.
- IR-1 Visa (Immediate Relative – Spouse of a U.S. Citizen):
- The IR-1 visa is issued to foreign spouses of U.S. citizens who have been married for more than two years at the time of the visa application.
- It is an immigrant visa, meaning that when the foreign spouse enters the U.S., they are considered a lawful permanent resident (green card holder) immediately, without any conditional status.
- IR-1 visa holders receive a 10-year green card upon arrival in the United States, which allows them to live and work in the U.S. indefinitely.
- CR-1 Visa (Conditional Resident – Spouse of a U.S. Citizen):
- The CR-1 visa is issued to foreign spouses of U.S. citizens who have been married for less than two years at the time of the visa application.
- It is also an immigrant visa, but it comes with a conditional status.
- CR-1 visa holders receive a conditional 2-year green card upon arrival in the United States. This means that they are considered lawful permanent residents, but their green card is only valid for two years.
- To remove the conditions and obtain a permanent 10-year green card, the couple must jointly file Form I-751, Petition to Remove Conditions on Residence, within the 90-day period before the conditional green card expires.
Both IR-1 and CR-1 visas require the U.S. citizen spouse to initiate the immigration process by filing a Petition for Alien Relative (Form I-130) with U.S. Citizenship and Immigration Services (USCIS). After the petition is approved, the foreign spouse can proceed with the immigrant visa application process, which may involve an interview at a U.S. embassy or consulate in their home country.
How to apply for a marriage green card?
Applying for a marriage green card (officially known as a “Spouse of a U.S. Citizen” green card) involves several steps. The process can be complex and may vary depending on your specific circumstances, but here is a general overview of how to apply for a marriage green card:
- Eligibility and Preparation:
- The sponsoring spouse must be a U.S. citizen.
- The couple must be legally married. Common-law marriages are generally not accepted for immigration purposes.
- Both spouses should be able to prove that the marriage is genuine and not entered into solely for immigration benefits.
- File Form I-130 (Petition for Alien Relative):
- The sponsoring U.S. citizen spouse must initiate the process by filing Form I-130 and Form I-130A with U.S. Citizenship and Immigration Services (USCIS). This form establishes the qualifying relationship and demonstrates the intention to sponsor the foreign spouse for a green card.
- Include all required supporting documents, such as copies of marriage certificates, passports, and proof of the sponsoring spouse’s U.S. citizenship.
- Await USCIS Approval:
- USCIS will review the I-130 petition and supporting documents. If approved, USCIS will send an approval notice.
- Choose Adjustment of Status or Consular Processing:
- If the foreign spouse is already in the United States, they may apply for an adjustment of status by filing Form I-485, Application to Register Permanent Residence or Adjust Status. This process allows them to become a lawful permanent resident without leaving the U.S.
- If the foreign spouse is outside the United States, they will go through consular processing, which involves attending an interview at a U.S. embassy or consulate in their home country.
- Attend USCIS Interview (if applicable):
- If applying for adjustment of status within the U.S., USCIS may schedule an interview to assess the validity of the marriage and the eligibility of the foreign spouse. Both spouses should attend the interview and bring requested documentation.
- Medical Examination and Biometrics:
- Both adjustment of status and consular processing applicants will generally need to undergo a medical examination by an approved USCIS civil surgeon and provide biometrics (fingerprints and photographs).
- Receive Green Card (Conditional or Permanent):
- If the marriage is less than two years old at the time of approval, the foreign spouse will receive a conditional green card that is valid for two years. To remove the conditions and obtain a permanent (10-year) green card, the couple must jointly file Form I-751, Petition to Remove Conditions on Residence, within the 90-day period before the conditional green card expires.
- Maintain Legal Permanent Resident Status:
- Once the green card is obtained, the foreign spouse must abide by U.S. immigration laws and maintain their legal permanent resident status by renewing the green card as needed.