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This article was co-authored by Clinton M. Sandvick, JD, PhD. Clinton M. Sandvick worked as a civil litigator in California for over 7 years. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013.
There are 10 references cited in this article, which can be found at the bottom of the page.
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While it isn't true that marrying a US citizen will automatically get you citizenship, it does make it easier to obtain permanent residence, commonly called a green card. This process can be a long one, with a lot of paperwork to fill out. By getting the process started, however, you can ensure that you will eventually be able to get your green card and become a permanent resident of the US.
Steps
Method 1
Method 1 of 2:
Applying for a Green Card while Inside the United States
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1Gather evidence of your marriage. During the process of obtaining a green card, the US government will require proof of your marriage.[1] X Research source Go to source This is to prevent people from faking marriages to gain citizenship. A marriage license will be required. In addition, US officials may look for the following proofs of marriage.[2] X Research source Go to source
- Joint bank accounts, or adding your spouse as a beneficiary on other accounts.
- If you've lived together, deeds and/or leases that have both partners' names.
- Joint tax returns.
- Evidence of a long relationship, like phone records demonstrating that you've called each other, or receipts for large purchases.
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2Get the necessary paperwork. There are two forms that the two of you will have to file: Form I-130 and Form I-485. You spouse will fill out I-130 and you will fill out I-485 and you will file them together.
- Form I-130 is used for a citizen to establish a relationship between himself and an immediate family member. This form demonstrates that the two partners are married and starts the process for a green card.
- Form I-485 is the application to adjust your status to a permanent resident of the United States. If you're already living in the US, then getting your green card is a matter of adjusting your status to permanent resident. This form can be filed concurrently with I-130.
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3File Forms I-130 and I-485 together. After you've filled out the forms, you have to send it to the proper office to start the process.
- The forms need to be mailed to the Chicago Lockbox. Click here for the address.
- I-130 requires a $535 filing fee. It is payable via check or money order.[3] X Trustworthy Source US Citizenship and Immigration Services U.S. government agency in charge of the naturalization and immigration systems Go to source
- I-485 requires a $1,225 filing fee. It is payable via check or money order.[4] X Trustworthy Source US Citizenship and Immigration Services U.S. government agency in charge of the naturalization and immigration systems Go to source
- Also include copies of evidence of marriage and all other supporting documents required in the instructions of both forms.
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4Complete an interview if required. Sometimes, the US government will want to interview both spouses after all the forms have been completed. If this is the case, attend the interview. You may be approved immediately at the interview, or the approval may come later.[5] X Trustworthy Source US Citizenship and Immigration Services U.S. government agency in charge of the naturalization and immigration systems Go to source
- If you're already living in the US, this interview will probably take place at a local U.S. Citizenship and Immigration Services (USCIS) office.[6] X Research source Go to source
- The main point of the interview is to determine if a couple is actually married, and will usually focus on personal details. If this is the case, you shouldn't have much trouble answering the questions, but you and your spouse should still review a few key points, including: when/where were you married? How many people attended? Where did you meet? What is the typical division of household chores?[7] X Research source Go to source
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5Wait for the green card. After the Adjustment of Status is approved, the green card will arrive in the mail within a few weeks.
Method 2
Method 2 of 2:
Applying for a Green Card while Outside the United States
-
1Gather evidence of your marriage. During the process of obtaining a green card, the US government will require proof of your marriage.[8] X Research source Go to source This is to prevent people from faking marriages to gain citizenship. A marriage license will be required. In addition, US officials may look for the following proofs of marriage.[9] X Research source Go to source
- Joint bank accounts, or adding your spouse as a beneficiary on other accounts.
- If you've lived together, deeds and/or leases that have both partners' names.
- Joint tax returns.
- Evidence of a long relationship, like phone records demonstrating that you've called each other, or receipts for large purchases.
-
2Have your American spouse file Form I-130. The American citizen spouse must fill out Form I-130 and file it with the proper office. This will establish a relationship between the two of you and start the process of bringing you to the US.[10] X Trustworthy Source US Citizenship and Immigration Services U.S. government agency in charge of the naturalization and immigration systems Go to source
- Depending on where your spouse lives, they may file in one of two locations. Click here to find the right office based on their location.
- This form also requires a $535 filing fee. It is payable via check or money order.
- Also include copies of evidence of marriage.
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3Apply for an immigrant visa. If you're living overseas, you'll have to apply for an immigrant visa after Form I-130 is approved.[11] X Trustworthy Source US Citizenship and Immigration Services U.S. government agency in charge of the naturalization and immigration systems Go to source There are a number of steps to this process.
- Fortunately, there is no quota on the number of visas issued to immediate family members of US citizens. This should cut down the wait time on having your visa approved.[12] X Research source Go to source
- Fill out Form DS-260. This form must be completed online. The link is here. When you complete the form, be sure to print the page and bring it in for your interview.[13] X Research source Go to source
- Send any required documents to the National Visa Center. The specific documents that will be required will depend on your case. They can range from financial data to proof of your current address.[14] X Research source Go to source
- Complete your interview. After all of the supporting documents have been submitted and approved, then the US State Department will want to interview you and your spouse. Be sure to attend this interview and honestly answer any questions they might ask.[15] X Research source Go to source
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4Move to the US. If all goes well, then you'll be granted an immigrant visa to enter the US. Use this to enter the US and begin living with your spouse. When you enter the US with your immigrant visa, you immediately become a permanent resident. The immigrant visa stamped upon entry serves as a temporary proof of permanent residence while you wait for the plastic green card.[16] X Research source Go to source
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5Wait for the green card. After you enter the US, the green card will arrive within a few weeks.
References
- ↑ http://www.alllaw.com/articles/nolo/us-immigration/how-get-green-card-after-marriage-citizen.html
- ↑ http://www.alllaw.com/articles/nolo/us-immigration/proving-bona-fide-marriage.html
- ↑ http://www.uscis.gov/i-130
- ↑ http://www.uscis.gov/i-485
- ↑ http://www.uscis.gov/green-card/green-card-processes-and-procedures/adjustment-status
- ↑ https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/interview.html
- ↑ http://www.alllaw.com/articles/nolo/us-immigration/what-happens-green-card-marriage-interview.html
- ↑ http://www.alllaw.com/articles/nolo/us-immigration/how-get-green-card-after-marriage-citizen.html
- ↑ http://www.alllaw.com/articles/nolo/us-immigration/proving-bona-fide-marriage.html
More References (7)
- ↑ http://www.uscis.gov/green-card/green-card-through-family/green-card-family-member-us-citizen
- ↑ http://www.uscis.gov/green-card/green-card-through-family/green-card-family-member-us-citizen
- ↑ https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/after-petition-approved.html
- ↑ https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/collect-and-submit-forms-and-documents-to-the-nvc/step-3-submit-visa-application-form.html
- ↑ https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/collect-and-submit-forms-and-documents-to-the-nvc/step-3-submit-visa-application-form.html
- ↑ https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/interview.html
- ↑ http://www.alllaw.com/articles/nolo/us-immigration/how-get-green-card-after-marriage-citizen.html
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