Marriage to a Green Card Holder: Path to Obtaining a Green Card in the USA

Are you considering marriage to a Green Card holder and want to understand how this affects your path to obtaining a Green Card in the USA? If so, you have come to the right place. This guide will walk you through the process, including eligibility requirements, filing the necessary petitions, waiting for visa availability, and the eventual issuance of the Green Card. Additionally, we will discuss the differences between getting a Green Card through marriage to a U.S. Citizen and a Green Card holder.

Eligibility for Green Card Through Marriage

As the spouse of a Green Card holder, you are eligible to apply for a Green Card. However, the process differs from that of marrying a U.S. citizen. In particular, you will need to wait for a visa to become available, as Green Card holders do not fall under the category of immediate relatives of U.S. citizens.

Filing the I-130 Petition for Alien Relative

First, your spouse will need to file Form I-130, 'Petition for Alien Relative.' This form establishes the relationship between you and your spouse. Once the petition is filed, it will be reviewed and, if approved, will pave the way for you to proceed with the visa application process.

Waiting for Visa Availability

After the I-130 is approved, you will need to wait for a visa to become available in the family-sponsored preference category. Specifically, the F2A category is for spouses and children of Green Card holders. The time it takes for a visa to become available can vary significantly based on the current backlog.

Adjustment of Status or Consular Processing

Once a visa is available, you can either:

Adjust Status: If you are already in the U.S., you can file Form I-485 to adjust your status to Permanent Resident and obtain your Green Card. Consular Processing: If you are outside the U.S., you will need to undergo consular processing at a U.S. embassy or consulate to obtain your immigrant visa.

Interviews and Documentation

Both adjustment of status and consular processing typically involve interviews and the submission of various documents to prove the legitimacy of your marriage. This step is crucial and must be handled with care to ensure the success of your application.

Receiving the Green Card

Once everything is in order and the necessary approvals are obtained, you will receive your Green Card. If you and your spouse have been married for less than two years at the time of approval, you will receive a conditional Green Card. You will have two years to remove the conditions, typically by filing Form I-751.

Seeking Professional Advice

It is essential to consult with an immigration attorney to receive personalized advice and to ensure that you follow the correct procedures based on your specific situation. An attorney can help you navigate the often complex process of obtaining a Green Card and address any challenges that may arise.

Understanding the steps involved in obtaining a Green Card through marriage to a Green Card holder can help you make informed decisions and take the necessary actions to ensure a successful process.