If you’re planning to live permanently in the United States, applying for a green card is one of the most crucial steps to secure your status as a lawful permanent resident. Whether you’re applying through family, employment, or special programs, the process can be complex. In this guide, we’ll break down the steps you need to take to apply for a green card, focusing on the adjustment of status process for those married to a U.S. citizen.

What is a Green Card?

A green card, also known as a permanent resident card, grants individuals the legal right to live and work in the United States permanently. It is issued by U.S. Citizenship and Immigration Services (USCIS) and is valid for 10 years, after which it must be renewed. Green card holders enjoy many of the same benefits as U.S. citizens, although they cannot vote in federal elections or serve on juries.

Eligibility for a Green Card

There are various ways to become eligible for a green card, with the most common paths being:

  • Family-based green card: Spouses, children, and parents of U.S. citizens or lawful permanent residents may apply for a family-based green card.
  • Employment-based green card: Workers with specific job offers or extraordinary skills can apply through employment.
  • Diversity Visa (DV) Lottery: Nationals from countries with historically low immigration rates to the U.S. may apply through the annual lottery.
  • Humanitarian programs: Refugees, asylees, and other individuals may qualify for a green card based on humanitarian grounds.

For this article, we will primarily focus on adjustment of status for individuals married to a U.S. citizen.

Steps to Apply for a Green Card Through Marriage

1. File Form I-130 (Petition for Alien Relative)

The first step in the process is for the U.S. citizen spouse to file Form I-130 with USCIS. This petition establishes the relationship between the U.S. citizen and the foreign spouse. You will need to provide supporting documentation, such as:

  • Proof of citizenship (birth certificate or U.S. passport)
  • Marriage certificate
  • Proof of relationship, such as joint bank accounts, leases, or affidavits from friends and family

Once USCIS approves the I-130 petition, the foreign spouse can proceed with the green card application.

2. File Form I-485 (Application to Adjust Status)

If you are already in the U.S., you can apply for a green card by submitting Form I-485 (Application to Register Permanent Residence or Adjust Status). This form allows you to adjust your status from a temporary visa holder (such as a student or tourist visa) to a lawful permanent resident. You will also need to provide:

  • A copy of the approved I-130
  • Proof of lawful entry into the U.S. (Form I-94, visa stamp)
  • Medical examination report (Form I-693)
  • Two passport-style photos

At the same time, many applicants choose to file for work authorization (Form I-765) and travel authorization (Form I-131, Advance Parole).

3. Attend the Biometrics Appointment

After submitting your I-485 application, USCIS will schedule a biometrics appointment. At this appointment, USCIS collects your fingerprints, photograph, and signature to conduct background checks. You will receive notice of the time and location for this appointment.

4. Attend the Green Card Interview

Once your application is processed, USCIS will schedule a green card interview at a local USCIS office. Both you and your spouse will be required to attend. The interview is designed to confirm the authenticity of your marriage. Be prepared to answer questions about your relationship history, living situation, and future plans together.

5. Receive a Decision from USCIS

After the interview, USCIS will make a decision on your application. If approved, you will receive your green card in the mail. If additional information or documentation is required, USCIS may issue a Request for Evidence (RFE). If denied, you have the option to appeal the decision or reapply, depending on the circumstances.

Processing Times for Green Card Applications

The processing times for green card applications vary depending on the applicant’s circumstances and the type of green card being sought. Typically, it can take anywhere from 10 months to 3 years to complete the process. For marriage-based green cards, the time frame is often shorter if the foreign spouse is already in the U.S. and applying for adjustment of status.

Common Challenges and How to Overcome Them

Applying for a green card can be challenging, especially when it comes to providing sufficient documentation, meeting deadlines, and responding to RFEs. Here are some tips to avoid common pitfalls:

  • Submit complete forms: Ensure all forms are filled out accurately and completely. Missing information or signatures can cause delays.
  • Provide strong evidence: Make sure to include detailed documentation proving your marriage is legitimate, such as joint financial accounts and photographs together.
  • Follow deadlines: Respond to requests for evidence or additional information promptly to avoid having your case delayed or denied.
  • Seek legal assistance: For complex cases, hiring an immigration attorney can ensure that all forms are properly filed and that you are fully prepared for the interview.

Frequently Asked Questions (FAQs)

1. Can I apply for a green card while on a tourist visa?

Yes, you can apply for a green card while on a tourist visa if you are married to a U.S. citizen, but it’s essential that you do not enter the U.S. with the intent to apply for a green card. This can result in accusations of visa fraud.

2. How much does it cost to apply for a green card through marriage?

The total cost for applying for a marriage-based green card typically ranges from $1,760 to $3,000. This includes filing fees for Form I-130, Form I-485, and biometrics, along with potential attorney fees.

3. Do I need a lawyer to apply for a green card?

While you are not required to have a lawyer to apply for a green card, having legal representation can be beneficial, especially if your case involves complicated legal or personal circumstances.

4. Can I work while waiting for my green card?

If you have filed Form I-765 (Application for Employment Authorization) along with your I-485, you can work in the U.S. once your employment authorization document (EAD) is approved. This process typically takes around 3-6 months.

Conclusion

Applying for a green card can be a complex and lengthy process, but understanding the steps involved can help smooth your path to becoming a permanent resident. 

Whether you’re applying through family, employment, or special circumstances, following this guide will provide you with a solid foundation. If you’re unsure about any part of the process, seeking the assistance of an experienced immigration attorney can make a significant difference in your case.

By taking the time to properly prepare, gather the required documents, and anticipate any challenges, you’ll be well on your way to securing a green card and starting your new life as a lawful permanent resident in the United States.

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