Marriage Visas: Options for US Citizens, Green Card Holders and Childrens

Marriage Green Card for Spouses of Green Card Holders (F2A)

If you are a green card holder (lawful permanent resident), you can sponsor your spouse for a green card. You don’t have to wait until you become a U.S. citizen. The process works in many ways like the one for U.S. citizens, but there are important differences in eligibility, timing and options.

Sponsoring a Spouse Who Is Overseas

A green card holder, like a U.S. citizen, files Form I-130 (Petition for Alien Relative) for a spouse living abroad. Key points:

• No K-1 fiancé visa. The fiancé(e) visa is available only to U.S. citizens. A green card holder must marry first and then file the I-130.
• Children can sometimes be included on the same petition. A spouse’s unmarried children under 21 may be able to be listed as derivative beneficiaries on the spouse’s petition. When the petitioner is a U.S. citizen, a separate petition is usually required for each family member.
• Longer waiting times. Petitions for spouses of green card holders typically take somewhat longer than those for spouses of U.S. citizens.
• Same consulate process. Once the petition is approved and a visa number is available, consular processing and the interview abroad work the same as for the spouse of a U.S. citizen.

What Is a Priority Date, and What Is the Visa Bulletin?

Spouses of green card holders fall in the F2A preference category. Unlike spouses of U.S. citizens (immediate relatives), they must wait for a visa number. Your priority date is the date your I-130 was filed, and the monthly Visa Bulletin shows whether that date is current. In recent times the F2A date has been close to current or current, but this changes, so check the latest bulletin or ask us. Spouses of U.S. citizens have no priority date and wait only for processing.

Applying for a Green Card From Inside the U.S. (Adjustment of Status)

A spouse of a green card holder who is already in the U.S. may be able to apply for adjustment of status after marriage, but the rules are strict. Generally, the spouse must:

• Have entered the U.S. legally (been inspected and admitted)
• Have maintained lawful nonimmigrant status the entire time up to filing
• Have a priority date that is current when filing

Pending asylum applications and pending adjustment applications do not count as lawful nonimmigrant status. Many spouses with lapsed status therefore cannot adjust and must wait.

Why Citizenship Can Change Everything

When a green card holder becomes a U.S. citizen, the spouse becomes an immediate relative. For a spouse who entered the U.S. legally, the status problems above (a lapsed visa, time without lawful status, even unauthorized employment) are generally excused for adjustment purposes. For many couples, waiting for citizenship opens a path that is closed today.

Green Card Holder vs. U.S. Citizen: Key Differences

Complicated Cases

This page is a general overview. Your case may need extra care if the non-citizen spouse:

• Is in removal (deportation) proceedings
• Needs a waiver of inadmissibility
• Has been accused of marriage fraud

An experienced attorney can compare your options and avoid mistakes that cause delays or denials.

Speak With a New York Marriage Green Card Lawyer

Our NYC immigration lawyer can help you choose the best path for your family. Call 917-885-2261 or book your confidential consultation.

How does a marriage green card work?

A U.S. citizen or green card holder can petition for a foreign-born spouse to become a lawful permanent resident. The couple must prove the marriage is genuine and not entered into only for immigration benefits. The process depends on where the spouse is: inside the U.S. (adjustment of status) or abroad (consular processing).

What is the difference between adjustment of status and consular processing?

Adjustment of status means you apply for the green card from inside the U.S. and attend an interview at a USCIS office. Consular processing means the case goes through the National Visa Center and you interview at a U.S. embassy or consulate in your home country. Which one applies depends on your location, how you entered the U.S., and your immigration history.

How long does a marriage green card take?

Timing varies with the USCIS office or consulate, the type of case and the current backlog. Spouses of U.S. citizens are not subject to annual visa limits, so they generally move faster than spouses of green card holders, who may wait for a visa number.

What is the difference between marrying a U.S. citizen and a green card holder?

The spouse of a U.S. citizen is an “immediate relative,” and no visa number is needed. The spouse of a green card holder falls in the F2A preference category, which can involve waiting for a visa number to become available. A green card holder’s spouse generally cannot adjust status until their priority date is current.

What documents do we need?

Common documents include:

• Marriage certificate and proof of the petitioner’s status
• Passports, birth certificates and photos
• Proof of the real relationship, such as a joint lease, joint bank accounts, insurance, bills, travel records and photos over time
• Form I-864 Affidavit of Support, showing the petitioner can financially support the spouse
• A medical exam on Form I-693

Requirements vary by case, so your lawyer should confirm the full list.

What happens at the marriage green card interview?

An officer reviews your application and may ask each spouse questions about your relationship, your home and your daily life. Many couples are interviewed together, though officers can separate them. Bring originals of your documents, updated proof of your life together and any new evidence since you filed. Prepare, because inconsistent answers can lead to follow-up requests or delays.

Can I get a marriage green card if I overstayed my visa?

Often yes. If you entered the U.S. legally (were inspected and admitted) and are married to a U.S. citizen, overstaying does not usually block adjustment of status. If you must process through a consulate, unlawful presence can trigger 3- or 10-year bars, and a waiver may be needed. Other factors, such as prior deportation orders or criminal history, can change the answer.

Can I work and travel while my case is pending?

You can apply for a work permit (Form I-765) with your green card application. Do not leave the U.S. without advance parole (Form I-131), because leaving may abandon your application unless an exception applies. Always speak with your attorney before booking any international trip.

What is a conditional green card?

If you have been married less than two years when your green card is approved, you receive a conditional green card valid for two years. You and your spouse must then file Form I-751 within the 90 days before it expires to remove the conditions. If you have been married two years or more at approval, you receive a regular 10-year card.

What happens if my marriage green card is denied?

Depending on your situation, you may be able to refile, appeal, file a motion or request a review. If you have no lawful status, a denial can lead to removal (deportation) proceedings. For that reason, a careful, well-documented filing at the start is important, and a denial is a reason to contact an attorney immediately.

What if our relationship has little paperwork or we married recently?

There is no minimum length of marriage, but you do need to prove the relationship is real. Even without a joint lease or shared accounts, other evidence can help, such as photos, messages, affidavits from friends and family, and travel records. Your attorney will help you assemble the strongest case from what you have.

Do you handle marriage green cards for couples outside New York?

Yes. The Law Office of Alena Shautsova, P.C. represents couples throughout New York and across the United States, with consultations by phone or video. We also serve Russian-speaking clients in their own language. Call 917-885-2261 to schedule a confidential consultation.

Government Resources:

• How Do I Help My Fiance Become a Permanent Resident?
• Guidance Regarding Surviving Spouses of Deceased U.S. Citizens & Their Children – USCIS (12-02-09)
• USCIS Memorandum on I 751 filed prior to termination of marriage (USCIS)
• Adjudication of Form I-751, Petition to Remove Conditions on Residence Where the CPR Has a Final Order of Removal, Is in Removal Proceedings, or Has Filed an Unexcused Untimely Petition or Multiple Petitions (USCIS)
• Revised Guidance Concerning Adjudication of Certain I-751 Petitions (USCIS)
• Genco Opinion 90-3, Puleo, “Interpreting the definition of son/daughter and qualifying marriage under the Immigration Marriage Fraud Amendments” (May 23, 1989)*
• Genco Opinion 89-67, McDermott, “Marriage Fraud: Termination of Conditional Permanent Resident Status without Notice to Alien” (Oct. 19, 1989)*
• Genco Opinion, Cook (Jan. 9, 1990)*
• Genco Opinion 90-7, O’Reilly, “Relating to Conditional Residents Pursuing 245A Applications” (Feb. 15, 1990)
• Genco Opinion, Cook CO 216-P (June 21, 1990)*
• Genco Opinion 91-7, Schroeder, “Whether Present Viability of a Marriage is a Factor in Adjudicating an I-751” (Jan. 25, 1991)*
• Genco Opinion 91-76, Puleo, “Effect of Amendments to Waivers of the Section 216(c) Joint Petition Requirement” (Nov. 29, 1991)*
• Genco Opinion, Rees CO-216 (Dec. 3, 1991)*
• Genco Opinion 95-8, Weinig, “Common Law Marriage and Conditional Permanent Residence” (Aug. 26, 1995)*
• INS Memorandum, “Implementation of Crime Bill Self-Petitioning for Abused or Battered Spouses of Children of U.S. Citizens or Lawful Permanent Residents” (Apr. 16, 1996)*
• INS Memorandum, “Legal Opinion: Status of a conditional permanent resident after denial of the I-751 during pendency of review by EOIR” (Aug. 6, 1996)*
• Genco Opinion 96-14, Martin, “Effect of State Court Judgment on Section 216(c)(4) ‘good faith’ waiver applications” (Nov. 29, 1996)*
• INS Memorandum, “Status of Conditional Residence in Proceedings” (Oct. 9, 1997)*
• INS Memorandum, “’Extreme Hardship’ and Documentary Requirements Involving Battered Spouses and Children” (HQ 90/15-P; HQ 70/8-P) (Oct. 16, 1998)*
• INS Memorandum, “Removal of Conditional Resident Status if Conditional Resident is the Spouse of an Individual Serving Abroad in the U.S. Armed Forces as Part of Operation Enduring Freedom” (Jan. 7, 2002); (accessed Feb. 19, 2013).
• INS Memorandum, “Reentry Permits Issued to Conditional Residents with Expired Form I-551, Permanent Resident Card – IFM Update IN02-09” (May 23, 2002)*
• INS Memorandum, “Filing a Waiver of the Joint Filing Requirement Prior to Final Termination of the Marriage” (Apr. 10, 2003); (accessed Jan. 24, 2013).
• USCIS Memorandum, “Extension of Status for Conditional Residents with Pending Forms I-751, Petition to Remove Conditions on Residence” (Dec. 2, 2003); (accessed Jan. 24, 2013).
• USCIS Memorandum, “Clarification of Classes of Applicants Eligible for Naturalization under Section 319(a) of the Immigration and Nationality Act (INA), as amended by the Victims of Trafficking and Violence Protection Act of 2000 (VTVPA), Pub. L. 106-386” (Jan. 27, 2005); (accessed Jan. 24, 2013).
• USCIS Memorandum, “Revised Interview Waiver Criteria for Form I-751, Petition to Remove the Conditions on Residence” (June 24, 2005); (accessed Jan. 24, 2013).
• USCIS Memorandum, “Delegation of Authority for I-751, “Petition to Remove Conditions on Residence” (Jan. 30, 2006); (accessed Jan. 24, 2013).
• USCIS Memorandum, “Use of the USCIS Version of the DHS Dry Seal in the Issuance of Alien Documentation, Identification Telecommunication System (ADIT) Stamp as Temporary Evidence of Lawful Permanent Resident Status” (Dec. 10, 2008)*
• USCIS Memorandum, “I-751 Filed Prior to Termination of Marriage” (Apr. 3, 2009); (accessed Jan. 25, 2013).
• USCIS Memorandum, “Interim Guidance for the Issuance of an Alien Documentation, Identification and Telecommunications System (ADIT) Stamp as Temporary Evidence of Lawful Permanent Resident Status” (May 15, 2009)*
• USCIS Memorandum, “Conditional Permanent Residents and Naturalization under Section 319(b) of the Act, Revision to Adjudicator’s Field Manual Chapter 25 (AFM Update AD09-28) (Aug. 4, 2009); (accessed January 24, 2013).
• USCIS Memorandum, “Stand Alone Form I-130 and Jointly Filed Form I-751: Discretionary Procedures for Petitioning Military Members and their Dependents” (Sept. 22, 2009); (accessed Jan. 24, 2013).
• USCIS Memorandum, “Adjudication of Form I-751, Petition to Remove Conditions on Residence Where the CPR Has a Final Order of Removal, Is in Removal Proceedings, or Has Filed an Unexcused Untimely Petition or Multiple Petitions” (Oct. 9, 2009); (accessed Jan. 24, 2013).
• USCIS Memorandum, “Revised Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Removable Aliens” (Nov. 7, 2011); (accessed Feb. 19, 2013).
• USCIS Memorandum, “Revised Guidance Concerning Adjudication of Certain I-751 Petitions” (Dec. 23, 2012); (accessed Jan. 24, 2013).