For many international couples, marriage is just the beginning of a love story, and the real test often begins from the moment they submit their immigration application. The whole process, from submitting the forms, attending interviews, obtaining a temporary green card, to finally obtaining a ten-year permanent green card, typically takes anywhere from one to three years.
Understanding the procedures and requirements of each stage can alleviate some anxiety and bring more ease to this journey.
If the foreign spouse is already in the United States, the most common approach is to “concurrently file” forms I-130 and I-485.
The I-130 is filed by a U.S. citizen or green card holder to prove the authenticity and legality of the marriage, while the I-485 is for the foreign spouse to apply for permanent residency (i.e., green card holder) themselves.
This stage requires preparing a substantial amount of documents, including:
• Marriage certificate;
• Identification documents for both parties (passports, birth certificates, immigration status documents);
• Evidence of the genuineness of the marriage (joint accounts, photos together, communication records, lease agreements, tax documents, etc.).
Additionally, the foreign spouse can also apply for an Employment Authorization Document (EAD) and Advance Parole simultaneously, which typically can be obtained within 3 to 6 months, allowing them to work legally and travel during this period.
About a month after submitting the application, the applicant will receive a Biometrics appointment notice to go to a designated location to have fingerprints and photos taken. This is part of the background security check.
Then comes the waiting period, during which the immigration authorities review the documents, verify information, and sometimes request further evidence (RFE).
The waiting time varies by region but usually ranges from 8 to 18 months. If the documents are complete and the marriage is genuine, this stage should progress smoothly.
The marriage-based immigration interview is the most crucial part of the entire process. Both parties need to appear together at the U.S. Citizenship and Immigration Services (USCIS) office for an in-person interview with an immigration officer about marriage-related details.
Possible questions may include:
• How did you meet and when did you start dating?
• Where was the wedding held, and who attended?
• Daily life details: Who cooks, where is the TV at home, how do you celebrate birthdays?
The purpose of the officer’s questions is to determine the authenticity of the marriage.
If the answers are natural, detailed, and consistent, approval is likely to be granted on the spot or shortly afterward. If there are suspicions of fraud, a “second interview” or a “Stokes interview” may be requested to further verify details from both parties.
If the marriage has not been in place for two years when passing the review, the foreign spouse will initially receive a two-year Conditional Green Card. This is not a permanent green card but a sort of “trial period” during which the government ensures that the marriage was not solely for immigration purposes.
During this period, the cardholder enjoys the same rights as with a regular green card: the ability to work, travel in and out of the country, apply for a driver’s license, and a Social Security number.
Within 90 days before the expiration date, both spouses must jointly submit an I-751 petition (removal of conditions) to prove that the marriage is still ongoing.
The I-751 stage is the second verification checkpoint of the authenticity of the marriage.
Fresh marriage evidence must be submitted again, such as:
• Proof of cohabitation (housing contracts, utility bills, insurance policies);
• Family photos, travel records;
• Birth certificates if there are children involved.
If the marriage is still genuine, after USCIS review and approval, a ten-year permanent green card will be issued. At this point, the foreign spouse becomes a full-fledged permanent resident.
In cases where the marriage has ended due to divorce or special circumstances, an I-751 can still be filed individually, but it must be accompanied by a divorce decree or evidence of domestic violence to prove that the original marriage was genuine and not fraudulent.
Every step of marriage-based immigration is about testing the “authenticity.” From the initial filing to finally obtaining the permanent green card, this journey may seem intricate but is also a validation of one’s life. As long as the marriage is genuine, documentation is thorough, and applications are submitted on time, this path may be lengthy but certainly achievable.
(This article is only a general compilation of information on immigration regulations and practices and does not constitute legal advice or specific legal recommendations for any individual case. The actual outcome of each case depends on the individual facts and applicable laws. In cases involving personal matters, consultation with a qualified immigration attorney is recommended.)