Julian Mignott | May 29 2025 13:53

Introduction to Marriage Green Card

Obtaining a green card through marriage is a common pathway for spouses of U.S. citizens or permanent residents to reside legally in the United States. The process can seem daunting, filled with legal jargon and bureaucratic steps. This blog aims to elucidate the main aspects of the process, focusing on the two primary methods: Adjustment of Status and Consular Processing.

 

Adjustment of Status vs. Consular Processing

The process of obtaining a marriage green card typically involves choosing between Adjustment of Status and Consular Processing. Here's a quick comparison: - **Adjustment of Status**: This option is available for those who are already in the U.S. under a different visa or status. It allows the applicant to adjust their status to a permanent resident without leaving the country. - **Consular Processing**: For those residing outside the U.S., this involves applying for an immigrant visa at a U.S. Embassy or Consulate abroad. Once approved, the applicant can travel to the U.S. as an immigrant and will receive their green card by mail after arriving.

 

Steps for Adjustment of Status

1. **Filing the Petition**: The U.S. citizen or permanent resident spouse files Form I-130, Petition for Alien Relative, to establish the relationship. 2. **Concurrent Filing**: Depending on circumstances, the spouse may file Form I-485, Application to Register Permanent Residence or Adjust Status, along with Form I-130. 3. **Biometrics Appointment**: The applicant will be scheduled for a biometrics appointment to provide fingerprints, photos, and signatures. 4. **Interviews and Additional Processing**: An interview may be required at a local USCIS office, where both spouses must appear. 5. **Approval and Receiving the Green Card**: Once approved, the applicant will receive their marriage-based green card.

 

Steps for Consular Processing

1. **Filing the Petition**: Similar to adjustment of status, the U.S. spouse files Form I-130. 2. **NVC Processing**: Once USCIS approves the petition, it is sent to the National Visa Center (NVC), where the applicant submits various forms, civil documents, and the visa application fee. 3. **Visa Interview**: The applicant will attend an interview at a U.S. consulate. Upon visa approval, they will receive an immigrant visa. 4. **Entry to the U.S.**: The approved immigrant can enter the U.S. and will receive their green card by mail within 45 days.

 

Conclusion

Choosing the right process depends largely on the individual's circumstances—namely, whether they are residing inside or outside the U.S. It's important to carefully consider these factors and seek professional legal advice to avoid common pitfalls and ensure a smooth journey toward permanent residency.