The Process for Getting a Green Card and Eventually US Citizenship through Marriage to a US citizen
a The conditional green card expires in two years. When it expires, the applicant is subject to deportation and removal. To avoid this, you must file Form I-751 within 90 days or less before your conditional residence expires.
b The spouse of a U.S. citizen is eligible to apply for citizenship 3 years less 90 days (about 2 years and 9 months) after the green card is issued, provided that the marriage took place at least three years ago and the US citizen spouse was a citizen for all three years. So if the spouse receives a conditional green card within three months after the marriage, the spouse has to wait for the 3rd marriage anniversary before applying for citizenship.
What is a Green Card?
A United States Permanent Resident Card (USCIS Form I-551), formerly Alien Registration Card or Alien Registration Receipt Card (INS Form I-151), is known informally as a green card because it had and has been green in color from 1946 till 1964 and since May 2010. The green card serves as proof that its holder, a Lawful Permanent Resident (LPR), has been officially granted immigration benefits, which include permission to reside and take employment in the USA. The holder must maintain permanent resident status, and can be removed from the United States if certain conditions of this status are not met.
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If I marry a U.S. citizen, do I automatically get a green card by marriage?
No, it doesn't happen automatically. First, you must get married to a United States citizen. The marriage can take place in the United States or in any other country. And then, you need to apply for a green card after marriage. A Green Card obtained by marriage that was less than 2 years old will have conditions that need be removed two years after it is issued. However, if your marriage has been more than 2 years old on the day your green card is issued, you will receive an unconditional green card which is valid for 10 years. To learn more about green card renewal, please visit our Renew my Green Card page.
What is a conditional Green Card?
You will get a conditional green card if your green card is based on a marriage that was less than 2 years old on the day you were given permanent residence. Your status is conditional, because you must prove that you did not get married to evade the immigration laws of the United States. A Conditional Residence Green Card is only valid for two years. When this two-year conditional period is over, the permanent residence automatically expires and the applicant is subject to deportation and removal. To avoid this, you must file Form I-751 within 90 days or less before your conditional residence expires. Please visit our Remove Conditions page to see more details.
How do I apply for a Green Card for my alien spouse?
There are two ways for your alien spouse to immigrate to the United States:
1. If your alien spouse lives outside the U.S., you will file an I-130 petition with USCIS. Please follow the instructions for relatives included with the I-130 petition. On page 3 of the instructions, you will find the addresses where your petition should be filed. Make sure your petition is complete, signed, and submitted with correct fees. You will need to submit evidence of your U.S. citizenship, and evidence proving your relationship to each person for whom you are filing a petition. The application package should includes:
- Form I-130 (Petition for Alien Relative)
- Form G-325A for the US Petitioner and the alien spouse (Biographic Information)
- The appropriate supporting documents including US passport bio page copy, marriage certificate copy, passport-style photos and evidence of marriage.
- The appropriate filing fees
- Form I-130 (Petition for Alien Relative)
- Form I-485 (Application to Register Permanent Residence)
- Form G-325A for the US Petitioner and the alien spouse (Biographic Information)
- Form I-864 (Affidavit of Support)
- Form I-765 (Permission for Work Authorization) (Optional)
- Form I-131 (Request for Travel Documents) (Optional)
- Form 1-693 (Medical Examination Results) - provided by the immigration doctor
- The appropriate supporting documents including US passport bio page copy, marriage certificate copy, passport-style photos and evidence of marriage.
- The appropriate filing fees
Is there any easy way to prepare the green card application?
Yes, there is a very good immigration software called Immigration Pixie, to anyone who hates to deal with paperwork and doesn’t want to spend money in hiring an immigration lawyer. Immigration Pixie is a safe and smart computer software that can prepare all the paperwork for you. It can automatically choose the forms applying to your individual circumstances and create custom-made, personalized instructions. It has both a Mac version and a Windows version.
We recommend Immigration Pixie to you is because unlike many online immigration service, this immigration software offers many free features and does not trick you.
1) it won’t cost you a penny to download, input the applicant’s information, verify your input, check if your marriage evidence is strong enough to prove a good-faith-marriage; check if a joint sponsor is needed...
2) More important, after you input all the information, the software gives a free and thorough evaluation on your case and shows red flags to those whose cases are too dangerous to apply by themselves. If your case is too complicated, the software will tell you to go for a lawyer instead of buying the software.
3) After you purchase the serial number (the regular price is $49.99-$79.99), the software will choose the forms for you, fill out the forms, generate a nice cover letter and give you a custom-made instruction on where to mail and what to expect.
Does filing a relative petition (Form I-130, Petition for Alien Relative) commit me to anything?
No, but under the law, each person who immigrates based on a relative’s petition must have a financial sponsor. If you choose to sponsor your spouse’ immigration by filing a relative petition (I-130), when the time comes for your spouse to immigrate, you must agree to be his or her financial sponsor by filing Form I-864, Affidavit of Support. If you do not meet the financial qualifications, other individuals will then need to make this commitment. For more information, please see our Financial Support page.
Is there a minimum income requirement to sponsor a relative for a green card?
A US sponsor needs to have sufficient income to support himself and his family as well as the prospective immigrant. Alternatively, a joint sponsor's income can be used. The following table illustrates the income guidelines that USCIS uses to determine whether a sponsor meets the requirements or not.
2011 Minimum Income Requirements for affidavit of support(Based on 125% of the Federal Poverty Level)
| Number of family members | 48 Contiguous States and D.C.* | Alaska | Hawaii |
| 1 | $13,612 | $17,000 | $15,675 |
| 2 | 18,387 | 22,975 | 21,162 |
| 3 | 23,162 | 28,950 | 26,650 |
| 4 | 27,937 | 34,925 | 32,137 |
| 5 | 32,712 | 40,900 | 37,625 |
| 6 | 37,487 | 46,875 | 43,112 |
| 7 | 42,262 | 52,850 | 48,600 |
| 8 | 47,037 | 58,825 | 54,087 |
| For each additional person, add | 4,775 | 5,975 | 5,487 |
*Including Puerto Rico, the US Virgin Islands, Guam and the Commonwealth of Northern Mariana Islands.
For more information, please see our Financial Support page.
Do I need to notify USCIS if I move?
If you financially sponsor someone, you are legally required to keep USCIS informed of your address until your financial responsibility ends. If you change your address, you will need to file a Form I-865, Sponsor’s Notice of Change of Address, within 30 days after the date of your move. Please read the instructions on the form carefully.
Where can I find a civil surgeon for the immigration medical examination?
Go to www.immigrationdoctorreview.com to find qualified immigration doctors (civil surgeons) in the US. If you are outside of the United States, the Department of State will instruct you to have a medical exam conducted by a Panel Physician overseas prior to receiving your visa.
