What Are the Requirements for a Marriage-Based Green Card?

This article was last updated and fact checked on October 15, 2024 by Mani Karthik.

Getting a marriage-based green card is one of the most common ways for a foreign national to become a permanent resident of the United States. If you’re an Indian national married to a US citizen or green card holder, you can apply for this visa to live and work in the US permanently.

But, before you dive in, it’s crucial to understand the requirements to ensure you’re eligible and have all the necessary documents in place.

Here’s everything you need to know to get started.

Who Qualifies for a Marriage-Based Green Card?

To apply for a marriage-based green card, the most important requirement is that you must be legally married to either a US citizen or a US lawful permanent resident (green card holder). In addition to being legally married, you must also be able to prove that your marriage is bona fide, meaning it was entered into in good faith and not just for immigration purposes.

Here are the basic eligibility requirements:

1. Legally Valid Marriage: The marriage must be legally recognized in the country where it took place.
2. US Sponsor: The US spouse must either be a US citizen or a lawful permanent resident (green card holder).
3. Good Faith Marriage: You’ll need to prove your marriage is genuine and not just for obtaining immigration benefits.

Tip: A marriage-based green card can be denied if the government suspects it’s a sham marriage—gather proof of your genuine relationship from the start!

Key Documents Required for a Marriage-Based Green Card

Like most US immigration processes, applying for a marriage-based green card involves submitting a hefty amount of paperwork. Here’s a breakdown of the documents you’ll need:

1. Proof of Marriage: A certified copy of your marriage certificate.
2. Proof of US Spouse’s Citizenship or Permanent Residency: A US passport, birth certificate, or green card copy for the US spouse.
3. Evidence of Bona Fide Marriage: This can include joint bank accounts, photos together, affidavits from friends and family, lease agreements, and more.
4. Form I-130 (Petition for Alien Relative): This form is filed by the US citizen or permanent resident spouse to establish the relationship.
5. Form I-864 (Affidavit of Support): The US spouse must prove they can financially support the applicant. This usually involves submitting recent tax returns and pay stubs.
6. Medical Examination (Form I-693): You’ll need a medical examination by a USCIS-approved doctor to show you don’t pose a public health risk.
7. Form I-485 (Application to Register Permanent Residence or Adjust Status): This is the form you file if you’re already in the US and applying for a green card without leaving.

Tip: Missing or incomplete documents can delay your application significantly, so double-check everything before submission!

Proving a Bona Fide Marriage

One of the biggest challenges in the marriage-based green card process is proving that your marriage is genuine and not a means to get a green card. USCIS looks for evidence that you and your spouse are building a life together, which includes submitting proof like:

• Joint financial accounts (bank accounts, insurance policies)
• Shared property (lease, mortgage)
• Photos of the two of you together with family or friends
• Travel records showing trips you’ve taken together
• Affidavits from friends and family attesting to your relationship

Pro Tip: The more documentation you can provide showing your lives are intertwined, the better your chances of approval.

Additional Requirements for Green Card Holders’ Spouses

If your spouse is a US green card holder (rather than a US citizen), you’re still eligible for a marriage-based green card, but there’s one key difference: you may have to wait for a visa number to become available.

Green card holders’ spouses fall under the F2A family preference category, which means there are annual limits on the number of green cards issued in this category.

This wait can be a few months to a few years, depending on the USCIS Visa Bulletin and the current priority date for your country.

Tip: If your spouse becomes a US citizen while you’re waiting, your application will automatically move to the “immediate relative” category, speeding up the process.

The Marriage-Based Green Card Interview

After submitting your application, the final step is an interview with a USCIS officer, where you and your spouse will answer questions about your relationship. This interview is designed to verify that your marriage is legitimate. Common questions include:

• How did you meet?
• What are some things you like to do together?
• What’s your spouse’s favorite food or TV show?
• Where do you live, and how long have you lived there?

The officer might ask for details to see how well you know each other. Be prepared to answer these questions truthfully and calmly.

Pro Tip: Stay calm during the interview. It’s normal to feel nervous, but remember that if your marriage is genuine, you have nothing to worry about.

Final Thoughts

The process for obtaining a marriage-based green card involves a lot of paperwork, waiting, and an interview, but it’s one of the most straightforward paths to permanent residency in the US.

Make sure you understand the requirements, gather all your documentation, and stay organized throughout the process.

For more detailed information, visit the USCIS website or consult with an immigration attorney to ensure you’re on the right track.