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Green Card Guide: Living in the United States and Married to a U.S. Green Card Holder

Start-to-finish guide to “adjustment of status” for spouses of U.S. permanent residents

The Basics

This guide is for married couples where one spouse is a U.S. permanent resident (a “green card” holder), one spouse is a foreign national seeking a green card, and both of you are living in the United States. We’ll go through the process, step by step, of applying for a marriage green card.

If you’re in different circumstances, have a look at our other Start-to-Finish guides, as well as our overview of marriage green cards.

COSTS AND TIMELINE

Estimated time:
13.5-20.5 months to obtain green card
(more details on timing)

Estimated cost:
$3005 in government fees (excludes roughly $200 for medical exam)
(more details on cost)


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Step 1: Sponsorship

The first step in the marriage-based green card process is to submit Form I-130 (technically called the “Petition for Alien Relative”) to U.S. Citizenship and Immigration Services (USCIS), which is part of the U.S. Department of Homeland Security. The main purpose of this form is to establish that a valid marriage exists.

The spouse filing the I-130 is called the “petitioner” or “sponsor.” This is the spouse who is the current U.S. green card holder. The spouse seeking a permanent resident card (aka green card) is called the “beneficiary.”

GOVERNMENT FORMS AND FEES

This step requires $675 in government fees, two forms, and supporting documents:

There will be additional government fees, forms, and supporting documents for the next steps in this process, described below.

Once your I-130 filing package is complete, you will mail it to the appropriate USCIS address. You will then get an official receipt notice in the mail from USCIS, typically within two weeks. If USCIS needs more information or documents to process your filing package, they will send you a “Request for Evidence” (RFE) within 2–3 months.

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Step 2: Waiting and Applying

Because the spouse seeking a green card is present in the United States, the next step is to file Form I-485 (technically called the application for “Adjustment of Status”). The I-485 green card application package is filed with U.S. Citizenship and Immigration Services (USCIS), and its primary purpose is to establish that the spouse is eligible for a green card.

Because the sponsoring spouse is a green card holder themselves, however (and not a U.S. citizen), there is an extra waiting period first.


Understanding the Visa Bulletin

Important: F-2A processing faces major delays

The F-2A category (spouses and unmarried children under 21 of green card holders) is facing major processing delays. This means significantly longer waits for applicants to adjust their status. Your priority date (I-130 filing date) is now more important than ever. Stay updated with the latest Visa Bulletin.

If your spouse has a U.S. green card (permanent resident), you cannot immediately submit your I-485 green card application package. That’s because the U.S. government limits how many green cards it will issue each year. To help you understand your place in line, the State Department publishes a monthly Visa Bulletin. This list shows if it’s your turn to apply for a green card. For more information on understanding this process, check out our guide on “How to Read the Visa Bulletin.”

The wait time is currently about within 13.5 to 20.5 months after the I-130 is approved, but can vary by a few months depending on the home country of the spouse. While waiting for a green card to become available, the spouse seeking a green card must maintain continuous lawful immigration status in the United States.

Important Rule While You Wait:

  • To get a green card, your immigration papers must be valid the entire time you wait. This means having a valid visa, like a student visa or work visa.
  • Important Difference: If you’re married to a U.S. citizen, your green card application can still be accepted even if your visa expires.
  • But, if you’re married to a green card holder, your green card application cannot be accepted if your visa expires while you wait.

Required government forms

Once the State Department indicates that a visa number is available, it’s time to complete the following USCIS forms (and supporting documents) required as part of the full green card application package—and Boundless can help you complete them all!

Optional government forms

If the spouse seeking a green card also wants to work in the United States or travel abroad, the following forms can also be included in the full green card application package (and Boundless can help you complete these, as well):

Medical exam

The spouse who’s seeking a green card must have a medical examination that’s performed by a USCIS-approved physician. You can find one of these physicians near you by using the USCIS find a doctor tool.

These medical exams usually cost $200 or more. At the end of the exam, the doctor gives you a sealed envelope that contains your exam results and your vaccination record (Form I-693).

You have two options as far as when to schedule your medical exam appointment. You can either attend the appointment before you submit your green card application and then include the exam with your application package, or you may submit your medical exam to USCIS soon after submitting your application or bring the results with you to your green card interview.

FILING THE APPLICATION

The I-485 application package must include a total of $1440 in government fees:

  • $1440 for the Form I-485
  • $85 for biometrics (fingerprints and photo)

If you’ve opted to apply for a work and travel permit, your application costs will be $2330.

After you mail your application package to the right USCIS address, within about two weeks you should get official “receipt numbers” in the mail from USCIS (one each for the I-485, the work permit application, and the travel permit application).

Approval of the travel permit and work permit previously took around 90 days, but current wait times average 6.7 months.

BIOMETRICS APPOINTMENT

Usually, about one month after USCIS receives your I-485 application package, you will receive notice of a biometrics appointment. These appointments are typically scheduled at the local USCIS field office close to where you live and this is the time USCIS takes your fingerprints and photographs for background and security checks. It’s usually not stressful, and your U.S. citizen spouse doesn’t need to attend.

If something comes up, you can reschedule your biometrics appointment online through your USCIS online account. Just remember there are limits on how many times you can reschedule and how close to the appointment date you can make changes.

Once again, if USCIS needs more information or documents to move forward with your green card application package, they’ll send you a “Request for Evidence” (RFE), typically within 2–3 months.

Step 3: Interview and Approval

THE GREEN CARD INTERVIEW

Once USCIS has finished processing your green card application materials, they will transfer your file to the local USCIS field office close to where you live. This local office will then issue an appointment notice for both of you to attend an interview at a certain time, date, and location.

This interview is the last major step in the green card application process, and it can be the most intimidating and high-stress part. You can help reduce this anxiety by knowing what to expect and putting together an organized file to bring to the interview. Here are some resources with more details:

If the interviewing officer is sufficiently convinced that the marriage is authentic, they will approve the green card application, sometimes on the spot! The physical green card will arrive by mail, typically within 2–3 weeks of case approval.

WHAT HAPPENS NEXT

If you’ve been married for less than two years when the green card is approved, then this green card will say “CR1,” for “conditional green card.” These green cards are only valid for two years. After that, you must jointly file another form to “remove the conditions,” giving USCIS one more chance to make sure that the marriage is real, and only then do you get a permanent green card.

If you’ve been married for more than two years when the green card is approved, then this green card will say “IR1,” for “immediate relative green card.” These green cards are valid for 10 years, and renewing them is typically a simple process.

Learn more about CR-1 and IR-1 Spouse Visa Processes.

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