1. GATHER THE REQUIRED DOCUMENTS. The first step to any successful green card application is to have all the required documents. A marriage-based green card petition must demonstrate that the couple entered into a bonafide marriage and that they plan to live a life together. Follow this link more information about documentation required to prove a bonafide marriage.

2. FILL OUT THE REQUIRED FORMS. The U.S. Citizenship and Immigration Services (USCIS) provide all the required forms on their website for free. It is important to read the instructions carefully and complete the forms thoroughly. A marriage-based green card application packet requires a number of forms to be submitted with the required documentation. If you are unsure which forms you need, you should seek the assistance of an experienced attorney to guide you through the process.

3. COMPLETE THE REQUIRED MEDICAL EXAMINATION. The beneficiary of the green card petition is required to undergo a medical examination by a certified civil surgeon. Upon completion of the medical exam, the beneficiary will be given a sealed envelope to submit to the USCIS. This sealed medical exam may be submitted with the application packet or handed to the USCIS officer at the interview.

4. SUBMIT THE APPLICATION TO USCIS. Once you have completed all the forms and gathered the requisite documents, submit the application to USCIS with the correct filing fees. USCIS will reject your application if you do not provide the correct filing fee. You can find out the required fees by using the USCIS fee calculator . You will receive a notice from USCIS confirming that they have received your application.

5. ATTEND YOUR BIOMETRICS APPOINTMENT. Some time after, the beneficiary will receive a notice to attend a biometrics appointment where USCIS will take their photo and fingerprints as part of the necessary background checks. To find out more about what to expect during the biometrics appointment, please follow this link. 

6. RECEIVE YOUR TRAVEL PERMISSION AND WORK PERMIT. If you filed an application for a work permit and travel permission with your green card application, you should receive this in a few months. Note that USCIS has been incurring heavy backlogs especially in processing work permits, so be prepared to wait to receive your work permit and advance parole document. You may receive a combo card which is the combination of the work permit and advance parole (notated as SERVES AS I-512 ADVANCE PAROLE) or in some cases, you may receive two separate documents. However, once you receive the card, you will be able to work and travel outside the U.S. while waiting for your green card application to be approved. 

7. ATTEND YOUR INTERVIEW. USCIS conducts interviews for immigration petitions based on marriage to make sure that the marriage is real. They describe a real marriage as being “bona fide” or “legitimate.” USCIS is concerned about people getting getting married solely for immigration purposes. Follow this link for more information about marriage-based green card interviews.

8. RECEIVE A DECISION ON YOUR APPLICATION. A few weeks after your interview, if everything goes well, you should receive your green card. If you have been married less than two years, then you will receive a conditional green card valid for two years. If you have been married for over two years, then you will receive a 10-year green card.

9. APPLY TO REMOVE THE TEMPORARY CONDITIONS ON YOUR GREEN CARD. If you received a conditional green card, you must file an application to remove the temporary conditions before the expiration date of the green card. If your marriage ends (divorce, death, spousal abuse) before the process is completed, then you may request a waiver of the joint filing requirement.

10. APPLY FOR NATURALIZATION. If you have received your permanent residence through marriage, in certain cases, you may not have to wait the standard 5 years of permanent residency to apply for citizenship. In this case, you may apply to naturalize (obtain U.S. citizenship) in three years, if you continue living in marital union with your U.S. citizen spouse and meet the other requirements for naturalization.

If you are filing for a marriage-based green card, we recommend that you consult with an immigration attorney to help you determine how to present your case to USCIS in the best possible light. The green card process is a lengthy process and could get complicated depending on your circumstances. If you are planning on filing a marriage-based green card application and need assistance, please contact us. We’re here to help! Follow us on Instagram, Twitter, Facebook, LinkedIn and Tumblr, for up-to-date immigration news.

RELATED CONTENT:

• Can I naturalize after three years of permanent residence based on marriage to my U.S. citizen spouse?

• Form I-751: Removal of Temporary Conditions for 2-year Conditional Green Card (Conditional Residence)

• What happens after I-130 approval? What is consular processing?

Torregoza Legal PLLC is the law firm for immigrants, by immigrants. We are founded on the motto of LegalEase: we do away with the legal jargon and make law easy to understand, so you can focus on what’s important to you – going for your American Dream.
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