08 Aug Requirements to Get a Marriage Green Card in the United States
A marriage green card is more than just a piece of paper. For many couples, it is the key that unlocks a shared future in the United States, a direct path to permanent residency and, eventually, U.S. citizenship. Its value lies in the stability and security it provides, allowing a foreign national spouse to live and work anywhere in the country. Because this benefit is so powerful, the U.S. government has a very specific set of requirements. You must know exactly what these are and be prepared to meet every single one before you begin the process.
You Must Have a Legally Valid Marriage
The foundation of any marriage-based green card petition is — of course — a legitimate marriage. You must first prove you are legally married. This is done with an official, government-issued marriage certificate. A religious certificate alone is not enough. (Related: Learn about the difference between this process and the one for a fiancé visa.) The U.S. government needs to see a civil document that confirms your union is recognized by law.
Beyond the legal paper, you must provide strong evidence that your relationship is a “good faith” marriage. This means your marriage is genuine and you intend to build a life together, not just get an immigration benefit. Immigration officers are trained to spot marriage fraud.
You will need to submit a collection of documents showing your shared life. This evidence could include joint bank account statements, a lease or mortgage with both names, shared utility bills, photos of you together over time, and letters from friends and family who can attest to your relationship.
Your U.S. Citizen or Lawful Permanent Resident Spouse Must Meet Certain Obligations to Support You
The process begins when your U.S. citizen or permanent resident spouse files a petition on your behalf. This person is the “petitioner,” and you are the “beneficiary.” The primary form is the I-130, Petition for Alien Relative. This petition establishes your marital relationship with the U.S. government.
Your spouse also has a serious financial responsibility. They must sign an Affidavit of Support (Form I-864), which is a legally binding contract with the U.S. government. By signing this document, your spouse promises to financially support you so that you do not become reliant on public benefits. They must meet certain income requirements to qualify. If their income is not sufficient, they may be able to use a joint sponsor.
The Immigrating Spouse Must Be Admissible to the United States
Getting a marriage green card is not automatic. You, the immigrating spouse, must be “admissible” to the United States. USCIS will conduct a thorough background check on you, looking at your history both inside and outside the U.S.
There are many reasons a person could be found inadmissible. These include having a history of a certain crime, past immigration violations like overstaying a visa or being deported, specific health conditions, or posing a security risk. A past mistake does not always mean a denial. In some situations, you can apply for a waiver to forgive the ground of inadmissibility, but this adds another complex layer to your case. It is vital to be completely honest about your past on every document and during your interview.
You Will Need to Complete Specific Forms and Provide Extensive Personal Documentation
The marriage green card process involves a significant amount of paperwork. If you are applying from within the U.S., you will likely file for an adjustment of status using Form I-485 alongside the I-130 petition. You may also file for a work permit (I-765) and permission to travel abroad, known as advance parole (I-131), while your case is pending. Every piece of information must be accurate.
You must also gather a large collection of personal documents. This includes your foreign birth certificate (with a certified English translation), your passport, passport-style photos, and, if either you or your spouse were previously married, you will need the final divorce decree for every prior marriage. Missing a document or providing incorrect information can cause long delays or even a denial. You also must pay a non-refundable government fee for each petition you file.
A USCIS Officer Will Question You and Your Spouse to Confirm Your Marriage Is Authentic
Nearly every marriage green card case concludes with an interview at a USCIS office. A government officer will place you and your spouse under oath and ask questions about your application and your relationship. The purpose is to verify the information you provided and to confirm, in person, that you are in a good-faith marriage.
The officer may ask how you met, about your wedding, details of your daily life, or your plans for the future. If the officer has any doubts about your relationship, they may conduct a “Stokes interview.” This is where they separate you and your spouse and ask you the same set of detailed questions. They then compare your answers for inconsistencies. Your performance in this interview is a major factor in the final decision on your green card case.
Get Direct Legal Guidance for Your Marriage Green Card Petition
The green card process is direct, but each step has legal requirements that can be difficult to manage alone. A mistake with a form, a fee, a document, or the interview can have long-lasting consequences for your family. Henry & Grogan provides marriage visa assistance for clients across Philadelphia, PA, and the surrounding areas. We can also help with any non-citizen divorce cases. Contact Henry & Grogan to speak with our immigration lawyers about your situation.