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Green Cards for Spouses

Home / Our Practice Areas / Family-based Immigration / Green Cards for Spouses
  • Green Cards for Spouses
  • Green Cards for Family Members
  • K-1 Fiancé(e) Visas

If you are a foreign national married to a US Citizen, you can qualify for permanent residence.

Featured Videos for Green Cards for Spouses

How do I qualify for a Green Card through marriage to a US citizen?

Qualifying for a Green Card through Marriage to a US Citizen

To qualify for permanent residence based on marriage to a US citizen, you must be able to show the following:

  • Proof of a legal marriage. In most cases, this is done by providing a copy of a valid marriage certificate. If either spouse has been previously married, you must show that all previous marriages have ended through annulment, divorce, or death.
  • The petitioning spouse must be a US citizen. Proof must be submitted that the petitioning spouse is a citizen of the United States. This can be done through a birth certificate, valid US passport, naturalization certificate, or other acceptable proof of US citizenship.
  • The ability to provide financial support. To sponsor someone for permanent residence, evidence must be submitted with Form I-864 to establish that the petitioner (the US citizen spouse) has the financial ability to support the household and the intending immigrant. Financial support can be shown through US employment or through assets that can be readily converted into cash. The petitioner must show assets or income above the federal poverty guideline for the household size. If the petitioner is not able to show their ability to provide financial support at or above the federal poverty guidelines a co-sponsor must be obtained. Failure to meet the financial support requirement will result in the denial of the petition.
USCIS: Form I-864
  • Bona fides of the marriage. The burden is on the petitioner to prove that the marriage was entered into for love and not for immigration benefits. This can be done through the submission of the following types of evidence:
    • Joint ownership of property
    • Joint lease or rental agreement
    • Joint bank account
    • Birth certificates of the child or children born to the married couple
    • Affidavits from third parties that have knowledge of the legitimacy of the marriage
    • Any other relevant documentation to show that the marriage is legitimate

How do I obtain my Green Card through marriage to a US citizen?

How to Obtain a Green Card for Spouses of US Citizens

The first step to obtaining a green card for a qualifying spouse or other immediate family member is to establish a relationship by filing Form I-130 with USCIS. Once Form I-130 is receipted by USCIS, a priority date is issued. The priority date will determine when the immediate relative will be able to process their green card. After Form I-130 has been approved and the wait time has been met, the consular processing or adjustment stage begins. If the process is successful, a green card will then be issued.

The process of petitioning for a Green Card for a spouse can be done from inside or outside the United States, and is handled differently depending on whether the family member is already in the United States in legal status or whether they will be processed at a consulate.

  • Inside the US. If the family is already in the United States, a valid immigration status Form I-130 and Form I-485 can be filed together. Once the I-130 and I-485 are approved, a green card will be issued.
  • Outside the US. If the family member is not within the United States, the process will begin by filing Form I-130 through a US consulate. Once Form I-130 is approved, the family member will then begin consular processing for their green card.
USCIS: Form I-130
USCIS: Form I-485

How long does this process take? Spouses (as well as parents and unmarried children under 21) of a US citizen are not subject to wait times.

Take the Worry Out of the Petition Process—Hire an Immigration Lawyer

The Green Card petition process for the spouse of a US citizen is complex and must be done properly with attention to detail. Failure to follow the process with exactness can result in processing delays, additional expenses, and even denials. It is our experience that otherwise approvable Green Card petitions are delayed or denied because the proper procedures are not followed. This leads to increased wait times, unnecessary expenses, and unneeded stress.

It is best to work with an experienced immigration lawyer early on in the process. We understand the sensitive nature of this process, and the importance of properly filing each petition with attention to detail and with adequate supporting evidence. We work with each client to compile adequate supporting evidence, complete all necessary Forms, and only file approvable petitions.

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We Can Help You Get Your Green Card

At Richards and Jurusik Immigration Law, we focus our legal practice on the Immigration and Nationality Laws of the United States. We have helped hundreds of US Citizens sponsor their foreign spouses for Green Cards and permanent resident status, including questions about your eligibility for a Green Card, or assistance with the preparation, filing, and successful adjudication of green cards.

Let us help you to live and work in the US!

Our Resources for Family-based Immigration

Green Card Holder: Who Can You Sponsor?
Green Card Holder: Who Can You Sponsor?
U.S. Visa Interview in Montreal: How to Prepare
U.S. Visa Interview in Montreal: How to Prepare
Gap Evidence for Your Marriage Green Card Interview
Gap Evidence for Your Marriage Green Card Interview
Do Sealed Violations Affect Green Card Applications?
Do Sealed Violations Affect Green Card Applications?
How a U.S. Citizen Child Can Sponsor Their Parents for a Green Card
How a U.S. Citizen Child Can Sponsor Their Parents for a Green Card
How to Check Your Green Card Wait Times: A Step-by-Step Process
How to Check Your Green Card Wait Times: A Step-by-Step Process
What Is Preconceived Intent in U.S. Immigration?
What Is Preconceived Intent in U.S. Immigration?
Do Canadians Need Sponsors to Move to the U.S.?
Do Canadians Need Sponsors to Move to the U.S.?
Can Filing I-130 and I-485 Protect My Spouse From Removal?
Can Filing I-130 and I-485 Protect My Spouse From Removal?
Authorized Period of Stay & Marriage-Based Adjustment
Authorized Period of Stay & Marriage-Based Adjustment
All Related Resources
All Our Resources

Additional Outside Resources

  • USCIS: Green Card for Immediate Relatives of U.S. Citizen
  • USCIS: Green Card for Family Preference Immigrants
  • USCIS: I-130, Petition for Alien Relative
  • USCIS: I-485, Application to Register Permanent Residence or Adjust Status
  • USCIS: I-864, Affidavit of Support Under Section 213A of the INA
  • USCIS: Find an Office
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  • Schedule a Consultation
  • TN Visa Professions
  • Entry to Canada with a DUI
  • Green Cards
  • Our Practice Areas
    • Employment-based Immigration
      • Temporary Work Visas
        • E Visas for Traders & Investors
        • H-1B Visas for Specialty Occupations
        • L-1 Visas for Business Expansion
        • O-1 Visas for Extraordinary Ability
        • TN Visas for NAFTA Professionals
        • Other Temporary Work Visas
      • Green Cards through Employment Sponsorship
    • Family-based Immigration
      • Green Cards for Spouses
      • Green Cards for Family Members
      • K-1 Visas for Fiancés & Fiancées
    • US Citizenship & Naturalization
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  • Our Resources
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  • About Us
    • Our Managing Partners & Staff
      • Jeremy Richards, Esq., Partner
      • Christine Jurusik, Esq., Partner
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    • Our Diversity & Inclusion Policy
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