2024 Marriage Green Card: 10 Common Questions Answered by Immigration Attorneys

Immigration attorneys Ashoori and Katie discussed common knowledge and Q&As about marriage green cards. We have organized their discussion below, covering the application process, processing times, interview waivers, possible reasons for denial, interview questions, and more.

1. Overview of Marriage Green Cards

First, let's discuss the difference between U.S. citizens and permanent residents—both can petition for a green card for their immigrant spouse:

• For U.S. citizens, the advantage is that their spouse is considered an immediate relative, so there is no need to check priority dates or the visa bulletin.

• Green card holders can also petition for their spouse, but they must check the visa bulletin and the family-based priority dates.

Generally, the petitioner must be either a U.S. citizen or a green card holder; the couple must be legally married, and they need to prove the relationship is genuine, legally termed "bona fide." If either party was previously married, documents proving the legal termination of that marriage are required. In addition, the petitioner's identity must be proven, such as a U.S. citizen's birth certificate or passport, or a copy of the green card holder's permanent resident card. Other items to prove include the affidavit of support and poverty line standards, and finally, the immigrant spouse must be admissible—meaning they meet the requirements for permanent resident status under immigration law, including status at entry, criminal record, prior immigration history, and health issues, including a medical examination.

2. Application Process for Marriage Green Cards

The process consists of two steps:

• The first step is to file the I-130 petition with U.S. Citizenship and Immigration Services (USCIS).

• The second step depends on whether the immigrant spouse is in the United States: if in the U.S., they apply to USCIS for adjustment of status; if abroad, they apply for an immigrant visa at a consulate (consular processing).

The process can be lengthy; the first step alone, the I-130 petition, may take one to two years, all depending on USCIS processing times, which we often cannot control. So it's important to know this is not a fast process. Additionally, a large amount of documentation is required to complete both steps.

3. Processing Times

Regarding processing times, in our practice we have seen some cases processed very quickly. For example, when the immigrant spouse is in the U.S., applying for a marriage green card based on marriage to a U.S. citizen, and filing the I-130 and I-485 adjustment of status concurrently, some cases are approved in as little as six months, and the interview is waived.

However, for immigrant spouses outside the U.S., or in the family F-2A category (where a permanent resident petitions for a spouse), these cases generally take longer. For a standalone I-130 petition, we have seen USCIS take about one year to adjudicate.

4. Interview Waivers

Why does USCIS sometimes waive the interview and other times require one? I think it is partly random and partly depends on local office priorities. We see policy changes depending on the current administration and its priorities. For very "clean" cases—such as those with abundant evidence of a genuine relationship, a longer marriage, or children—interview waivers are more likely. For newer relationships or newlywed couples unable to provide extensive documentation, an interview may be required.

5. Keys to Success

What is your biggest advice for those who want to get approved? My top advice is to make sure you fully understand the requirements and eligibility criteria, including consulting and hiring an experienced immigration attorney who can ensure your case proceeds smoothly. The immigration process is complex, and you don't want to make mistakes that could cause problems with your case or require resubmission.

6. The Biggest Challenge

What is the biggest challenge faced by couples applying for a marriage green card? I think the biggest challenge is the length of time; even a six-month approval could mean the immigrant spouse is unable to work or faces other pressures. For immigrant spouses outside the United States, the long separation also puts significant strain on the relationship.

7. Couples in the United States

For couples where the immigrant spouse is already in the United States, such as those who came on a student visa or other nonimmigrant visa, it is easier to show evidence of living together. But for couples whose spouse is outside the United States, they may not have evidence of cohabitation—does this affect the case? How can this be overcome? I don't think it's very difficult; it just requires more creativity in gathering proof of a genuine relationship. For example, chat logs, call records, WhatsApp messages, emails, financial support records, social media interactions, and letters from family and friends.

8. Reasons for Denial

What reasons can lead to a marriage green card application being denied? Some recent trends we've seen are USCIS claiming it did not receive a response to a request for evidence when the evidence was actually submitted. Other reasons include insufficient proof of marriage, or a previous marriage not being legally terminated, making the current marriage invalid. USCIS may also find that the marriage is not genuine but was entered into for immigration benefits.

9. Questions During the Interview

What kind of questions are asked during the interview? Is it a harsh interrogation like in the movies? In my experience, the questions are usually about how you met, when you met, and so on. Some more detailed questions might include how many bathrooms are in your home, who made dinner last night, etc. My advice is to practice with your spouse to ensure you have consistent memories of your relationship.

10. Financial Sponsor

What role does the financial sponsor play in the case? Who is eligible to be a financial sponsor? What documents do they need to provide? The petitioner filing the I-130 needs to be the primary financial sponsor. USCIS publishes poverty guidelines showing the minimum income requirements. For example, a household of two needs to show an annual income of about $24,000. If the petitioner's income is insufficient, a joint sponsor can be found; they need to provide proof of identity, proof of residence, proof of income (such as pay stubs, employer letters, retirement account statements), and recent tax returns.

See also: Requirements and Responsibilities of the Financial Sponsor for Family-Based Green Cards.