How to Get my Spouse a Green Card
Spouses of U.S. citizens and permanent residents are eligible for a green card. There are two different processes to apply, depending if the applicant lives in the U.S. or outside the U.S.
Steps to Get your Spouse a Green Card
The applicant lives in the U.S.:
1. File Form I-130, Petition for Alien Relative and Form I-485, Application to Adjust Status.
Form I-130 is to be completed by the U.S. sponsor on behalf of the applicant. The I-485 application is to be completed by the applicant.
If the applicant is married to a U.S. citizen, they can file both forms together (concurrent filing). If the applicant is married to a U.S. permanent resident, they must wait to file Form I-485 until the I-130 petition is approved.
Include with the application package:
- Two completed and signed G-325A forms (one for you and one for your spouse)
- A copy of the civil marriage certificate
- A copy of all divorce decrees, death certificates, or annulment decrees that demonstrate that all previous marriages entered into by you and/or your spouse were terminated
- Two passport style photos of the applicant
- Evidence of all legal name changes for the U.S. citizen sponsor and the applicant
- $420 fee for Form I-130
- $985 fee for Form I-485
- $85 fee for biometrics
- If the sponsor is a U.S. citizen, evidence of their citizenship (one of the following):
- A copy of valid U.S. passport
- A copy of U.S. birth certificate
- A copy of Consular Report of Birth Abroad
- A copy of naturalization certificate
- A copy of certificate of citizenship
- If the sponsor is a permanent resident, evidence of their permanent residency:
- A copy (front and back) of Form I-551 (green card) OR
- A copy of your foreign passport bearing a stamp showing temporary evidence of permanent residence.
2. Wait for USCIS to approve the I-148 and I-130 applications.
3. Attend green card by marriage interview.
4. Receive a green card in the mail.
If the interview goes well, the applicant will become a U.S. permanent resident and receive their green card in the mail.
If the marriage is less than two years old at the time Form I-130 is filed, the applicant will receive a conditional green card, valid for two years. After two years, the applicant can apply to have the “conditions of residence” removed and will receive a 10-year green card.
The applicant lives outside the U.S.:
1. File Form I-130, Petition for Alien Relative with USCIS.
The U.S. sponsor will file this form on behalf of the applicant. Include with the petition:
- Copy of marriage certificate
- If the sponsor is a U.S. citizen, evidence of their citizenship (one of the following):
- A copy of valid U.S. passport
- A copy of U.S. birth certificate
- A copy of Consular Report of Birth Abroad
- A copy of naturalization certificate
- A copy of certificate of citizenship
- If the sponsor is a permanent resident, evidence of their permanent residency:
- A copy (front and back) of Form I-551 (green card) OR
- A copy of your foreign passport bearing a stamp showing temporary evidence of permanent residence.
2. Pay visa application fees.
Once the I-130 petition is approved, the National Visa Center (NVC) will send the applicant and the sponsor directions on how to pay fees. The fee for the I-130 petition is $420. The fee for the immigrant visa application is $230.
3. Submit documents to the NVC.
Receive a letter from the NVC requesting the following documents:
- Affidavit of Support (completed by the U.S. sponsor)
- Application for Immigrant Visa and Alien Registration
- Applicant’s passport
- Two passport-style photos of the applicant
- Official documents (marriage certificate, birth certificate, criminal records, etc.)
- Completed medical examination forms
4. Attend visa interview.
The applicant will attend a visa interview at the nearest U.S. embassy or consulate.
5. Receive immigrant visa and travel to U.S.
If the applicant is approved for a green card, they will receive an Immediate Relative Visa (IR-1).
6. Receive green card in the mail.
Once in the U.S., the applicant will officially be a permanent resident and be mailed a green card within 30 days of their arrival. If the marriage is less than two years old at the time Form I-130 is filed, the applicant will receive a conditional green card, valid for two years. After two years, the applicant can apply to have the “conditions of residence” removed and will receive a 10-year green card.
