Green Card for the Spouse (Husband / Wife) of a U.S. Citizen

Green Card by Marriage to a U.S. Citizen - Overview

If you are a U.S. Citizen, there are 3 ways to apply for the Green Card (Permanent Residence) for your Foreign National Spouse:

If both you and your Foreign National Spouse are in the U.S., you apply through Adjustment of Status with the USCIS.

If both and your Foreign National Spouse are outside the U.S., you apply through Consular Processing at an American Consulate (or Embassy) abroad.

If you are in the U.S. and your Foreign National Spouse is outside the U.S., you may apply for the K-3 Visa (so your Foreign National Spouse may come the U.S.) then file the I-485 Adjustment of Status petition with INS (for your Foreign National Spouse's Permanent Residence Green Card).

1) Applying through Adjustment of Status with the USCIS.

Who Qualifies:

Any U.S. Citizen in the United States with a Foreign National Spouse who entered the U.S. legally.

Note to U.S. Citizens: If your foreign national spouse entered the U.S. illegally (without a visa), you should wait to apply for adjustment of status when Sec 245(i) is extended. Check back here periodically for updates.

An Overview of the Process:

Once the marriage has taken place, the couple files the following with the USCIS:

Petition for Alien Relative (USCIS Form I-130)
Application to Register Permanent Residence (USCIS Form I-485)
Biographic Information (USCIS Form G-325A)
Affidavit of Support (USCIS Form I-864)
Permission for Work Authorization (Optional) (USCIS Form I-765)
Medical Examination Results (USCIS Form I-693)
Request for Travel Documents (Optional) (USCIS Form I-131)
The appropriate supporting documents
The appropriate filing fees

The USCIS will contact you first regarding work authorization and permission to travel. The processing times vary from state to state. Some states will process them the same day, others can take up to 90 days.

The USCIS will contact you next to schedule an interview. This will be anywhere from 6 months to 18 months after filing the initial application.

Following a successful interview, the alien spouse will receive a stamp classifying him/her as a Conditional Permanent Resident.

The Conditional Status may be dropped by applying for Removal of Conditional Status within 90 days of the 2 year anniversary of the granting of Conditional Permanent Residency.

2) Applying through Consular Processing at an American Consulate (or Embassy) abroad.

The U.S. Citizen files the I-130 petition with the appropriate American Consulate (or Embassy) abroad.
When the American Consulate approves the I-130 petition, they send "Packet 3" to the foreign national spouse.

The foreign national spouse and family complete Packet 3 and return it to the American Consulate.

The American Consulate processes Packet 3. The American Consulate then send "Packet 4" to the foreign national spouse. Packet 4 contains medical examination information as well as the interview date and time.

The foreign national spouse presents the documents requested in Packet 3 and Packet 4 at the interview. Upon successful completion of the interview, the American Consulate issues foreign national spouse the Green Card (Permanent Residence)