Immigrating to the United States Through Marriage

Marrying a U.S. citizen or green card holder is one of the most direct paths to living permanently in the United States. It allows spouses to apply for a green card, which grants them the legal right to live and work in the country. However, the process is not automatic. It involves proving your relationship is real, filing the right documents, attending interviews, and meeting income requirements.

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This article will explain everything you need to know about immigrating to the United States through marriage. Whether you are married to a U.S. citizen or planning to marry soon, this guide will help you understand the process step by step.

Why the U.S. Allows Marriage-Based Immigration

The U.S. immigration system values family unity. A citizen or permanent resident of the United States can sponsor their spouse to live with them permanently. This is called family-based immigration. The process is faster if the sponsor is a U.S. citizen, but permanent residents can also apply for their spouses, though the wait may be longer.

The government wants to make sure that people are not using fake marriages just to get a green card. So, the immigration process includes interviews and the requirement to show proof that your marriage is genuine.

Ways to Immigrate Through Marriage

There are two main paths for immigrating to the United States through marriage:

1. Marriage to a U.S. Citizen
   If you are already married to a U.S. citizen, you can apply for a marriage-based green card. This means that your U.S. citizen spouse will file a petition to bring you to the United States or help you adjust your status if you are already in the country. This process is usually faster and more direct. Spouses of U.S. citizens are considered “immediate relatives,” so there is no yearly limit on the number of visas available.
2. Marriage to a Green Card Holder
   If you are married to a lawful permanent resident (a green card holder), the process takes longer. Your spouse must still petition for you, but you will be placed in a visa category that has annual limits. This can lead to waiting times of several months or years before a green card becomes available.

The K-1 Fiancé(e) Visa

If you are not married yet, but your fiancé(e) is a U.S. citizen, you can apply for a K-1 visa. This visa allows you to come to the U.S. to get married. After the marriage takes place within 90 days of arrival, you can then apply for a green card. The K-1 visa is only for people engaged to U.S. citizens—not green card holders.

Proving the Marriage is Real

U.S. immigration authorities will only approve green card applications if they believe the marriage is real and not just for immigration purposes. That’s why they ask for proof.

Here are examples of the types of documents you can use to show your marriage is genuine:

• Joint bank account statements
• Photos together at different times and places
• Lease or mortgage documents with both names
• Utility bills with the same address
• Social media conversations or messages
• Letters or statements from family and friends
• Travel records showing trips taken together
• Children’s birth certificates, if you have kids together

It’s important to be honest and provide as much evidence as you can. Immigration officers may ask personal questions during an interview to make sure the relationship is real.

Step-by-Step Process for a Marriage-Based Green Card

Whether you’re inside or outside the U.S., the marriage-based immigration process involves several steps.

Step 1: The U.S. Spouse Files Form I-130

The U.S. citizen or green card holder files Form I-130 (Petition for Alien Relative) to start the process. This form tells the U.S. government that a legal relationship exists. Supporting documents are required, such as your marriage certificate, photos, and identity documents.

Step 2: Wait for Approval

It usually takes several months to get Form I-130 approved. The wait is shorter for spouses of U.S. citizens. If the sponsor is a green card holder, there could be a longer wait for a visa number to become available.

Step 3: Apply for a Green Card

After Form I-130 is approved, the next step depends on where the foreign spouse is living.

If living outside the U.S.: You’ll apply for an immigrant visa through the U.S. embassy in your country. This is called consular processing. You’ll fill out Form DS-260, attend a medical exam, and go for an interview.

If already in the U.S.: You may be able to file Form I-485 (Application to Adjust Status) to apply for a green card without leaving the country. You can file this along with the I-130 or after it is approved.

Step 4: Biometrics Appointment

You’ll be scheduled for a biometrics appointment where the U.S. government will take your fingerprints, photo, and signature.

Step 5: Interview

Both spouses may be asked to attend an interview. The officer will ask questions about your relationship to determine if it is real. Answer honestly and bring all required documents.

Step 6: Receive Your Green Card

If the application is approved, the foreign spouse will receive a green card. If you’ve been married for less than two years, the green card is conditional and valid for two years. After that, you’ll need to apply to remove the conditions.

Conditional Green Card and Removing Conditions

If you receive a green card within the first two years of your marriage, it will be a conditional green card. This means you must file Form I-751 (Petition to Remove Conditions) within 90 days before the card expires. You must show that the marriage is still real. If you’re divorced or separated, you may still be able to apply with a waiver, but you’ll need to provide extra proof.

Costs of Immigrating Through Marriage

Here are some typical costs involved in the marriage-based green card process:

• Form I-130 filing fee: $675
• Form I-485 (adjustment of status): $1,440
• Biometrics (fingerprints and photo): usually included
• Form DS-260 (for consular processing): around $325
• Medical exam: $150–$600 (varies by country)
• Work and travel permit (if applying inside the U.S.): often included
• Form I-751 (remove conditions): $750

Other costs may include translation of documents, passport photos, and lawyer fees (if you hire one).

Timeline

The total time it takes depends on your situation:

• Spouse of U.S. citizen applying from inside the U.S.: 10 to 20 months
• Spouse of U.S. citizen applying from outside the U.S.: 12 to 18 months
• Spouse of green card holder: may take 2 to 3 years depending on visa availability

Processing times can vary by location and workload at immigration offices.

Work and Travel While Waiting

If you apply for a green card from inside the U.S., you can also apply for a work permit (Form I-765) and a travel permit (Form I-131). These allow you to work legally and travel abroad while waiting for your green card. Work and travel permits usually take 8 to 14 months to arrive, so it’s important to apply early.

What Happens After You Get Your Green Card

With a green card, you can:

• Live and work anywhere in the United States
• Travel in and out of the U.S. (but not stay abroad too long)
• Apply for U.S. citizenship after 3 years, if still married to a U.S. citizen
• Sponsor certain family members for visas

You must obey all laws, renew your card when needed, and pay taxes. After getting a green card through marriage, you must keep proof of your ongoing relationship in case immigration authorities need to review your case in the future.

Common Mistakes to Avoid

• Submitting false documents or lying about your relationship
• Not sending enough evidence to show your marriage is real
• Missing deadlines, especially for removing conditions on a green card
• Not attending scheduled interviews or biometric appointments
• Failing to meet the income requirements for sponsorship

Coclusion

Immigrating to the United States through marriage is a real and legal way to start a life with your loved one. While the process may feel long and sometimes difficult, many couples go through it successfully every year.

Being honest, organized, and patient is the key to a successful application. Make sure to gather all documents, meet all deadlines, and prepare for interviews. If you’re unsure about any part of the process, it’s a good idea to get advice from an immigration lawyer or a trusted advisor. With the right preparation, your dream of living together in the United States can come true.

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