Immigration: Green Cards & Marriage

The spouse of a U.S. citizen or resident is typically eligible for a green card.

If you marry a person who is a citizen or legal resident of the United States, you are also eligible to establish U.S. residency yourself. A U.S. legal resident is also known as a green card holder, and the permanent resident card is commonly called a green card. You make green card applications with the United States Citizenship & Immigration Services, also known as USCIS.

Initial Application

Any time after your marriage to a U.S. citizen or resident , you can apply for a green card by filing immigration Form I-130. You will need to send a copy of your marriage certificate, other supporting documentation, and an affidavit from your U.S. spouse that she will support you financially while USCIS processes your application.

Application Time Scale

The USCIS may take between several months and two years to process your application. You may have to supply additional information, and you must keep your home address registered with USCIS. If your foreign-born spouse wishes to work or travel outside the U.S. while her green card application is pending, she must apply for employment authorization or an Advance Parole travel document from USCIS.

Two-Year Conditional Residence

USCIS will issue a conditional green card upon approval of your Form I-130. This card is valid for two years. If your marriage does not last the two years, your spouse typically will not be eligible to extend his U.S. residency beyond two years. Otherwise, you need to file Form I-751 with USCIS within three months of the expiration date on your conditional green card. Then you may receive a permanent green card.

References

• USCIS: Green Card for an Immediate Relative of a U.S. Citizen
• USCIS: I-751, Petition to Remove the Conditions of Residence