
Key Points to Know
- The total fees for a marriage-based green card depend on a number of factors including where you are filing from, individual attorney fees, etc.
- Premium processing is not available.
- Our team can assist you in filing for a K-1 visa to green card or adjusting your status!
A marriage green card comes with a host of benefits, including legal permanent residency, the ability to get work authorization, travel flexibility, a path to citizenship and more, which a marriage visa lawyer can explain to you! It’s important to follow all the immigration steps diligently to avoid unnecessary delays or denials to your visa application. Unlike many other immigration benefits, you can apply for a marriage green card even if you have an unlawful presence in the U.S. or you have overstayed a visa, although these are not ideal circumstances and should be thoroughly addressed with your legal representative.
What is a Marriage-Based Green Card
A marriage based green card permits a U.S. citizen’s (or green card holder’s) spouse to legally live and work in the United States. The green card grants the individual permanent resident status under the law and the ability to apply for citizenship after three years of being married. A green card differs from a visa in that a visa is for more short-term uses.
Married to a U.S. Citizen
The husband or wife of a U.S. citizen is considered an “immediate relative” by law which means they are not held against any quota restrictions for receiving green cards via marriage. To start the process, the citizen would first need to submit an I-130 on behalf of their spouse and if they entered the U.S legally, they can file the I-485 adjustment of status in order to stay within the U.S.
Typically, the spouse will be issued an Employment Authorization Document (EAD) within a 90-day window and in some cases may be approved to travel overseas. If a green card is granted to a marriage that is less than 2 years old, a 2-year time limit will be imposed on the card. To receive a ten-year green card the couple needs to submit Form I-751 within the 90-day period before the expiration of the initial green card.
Married to a Permanent Resident
In relation to green card applications based on marriages to citizens, there are more who fall into the category of marriages to U.S. permanent residents than married to a citizen. For that reason, the demand is often very high. As there are some risks involved in getting a green card by marriage application, Pollak Travel Nation Law Group’s immigration attorneys review all cases very carefully to ensure a successful result.
Although getting a green card through marriage can often be the easiest way to obtain residency for a non-U.S. citizen, approval is not automatic. U.S. citizens applying for a fiancée visa or marriage green card must be aware that immigration officials will scrutinize their applications to ensure that the marriage is legitimate and bona fide, and not for the sole purpose of gaining immigration benefits.
How Can the Conditions Be Removed?
The citizen and the foreign spouse must prove that the marriage is bona fide. If the citizen and foreign spouse have been married less than 2 years at the time the spouse becomes a permanent resident, a conditional 2-year green card will be issued. In order to remove the conditions on permanent status, you and your immigration attorney should file Form I-751.
Who Needs a Marriage Visa Lawyer?
We recommend most couples to enlist the help of a qualified immigration attorney. With something as sensitive as the future of your relationship, it’s worth the investment to have your case handled by a team with years of experience and countless approvals under their belt.
If any of the following apply to your situation, it is highly advisable to contact our office today:
- You or your spouse has a criminal record;
- You or your spouse has illegally entered the U.S.;
- You or your spouse has previously violated U.S. immigration regulations;
- You or your spouse had a U.S. immigration application rejected;
- Your marriage-based green card application lacks necessary evidence; or
- You are not comfortable submitting your own immigration application.
See our past success stories and how many happy couples we’ve helped reunite in the United States.
Marriage Green Card Lawyer Cost
Attorney fees for marriage-based green cards vary dramatically across the U.S. on average, immigration attorneys charge anywhere between $1,500 to over $5,000.
Our fee for Green Card by Marriage to a U.S. Citizen (filed within the U.S.)
Attorney Fee: $2500
USCIS Fee: $1,760 (I-130: $535; I-485: $1225)
Additional fees may vary depending on the case. You can reference our immigration attorney fees to become familiar with the services we provide and with the price points that you should expect.
How Much Does A Marriage-Based Green Card Cost?
The cost involved with obtaining a green card through marriage varies depending on your age and immigration circumstances. Below is a detailed table of schedules associated with marriage-based green card costs as per USCIS green card guidelines:
Form Filing Fee | Applying from Outside the U.S. | Applying from Inside the U.S. |
I-130: Petition for Alien Relative | $675 (paper filing) or $625 online filing) | $675 (paper filing) or $625 online filing) |
I-485: Green Card Application | Not Applicable | $1,440 |
I-864: Affidavit of Support | $120 | $0 |
State Department Processing | $325 | Not Applicable |
$235 | Not Applicable | |
I-131: Travel Permit (Optional) | Not Applicable | $630 |
I-765 Work Permit (Optional) | Not Applicable | $260 |
Medical appointment and vaccines | Varies | Varies |
*See this chart under “Special Instructions” for the cost of filing the I-485 application.
It is important to note that these are only the mandatory costs required by the USCIS. You should also consider any travel costs as well as medical exam fees when evaluating the total cost of your green card.
How Can the Conditions Be Removed?
If you have received your green card through marriage and wish to remove the conditions after two years, you will need to submit an I-751 Petition to Remove Conditions and pay the $595 filing fee along with the $85 biometrics fee.
The USCIS requires you to submit the I-751 at least 90 days before the end of your two-year period. If you don’t do so, you may find yourself out of status when your marriage-based green card expires, which could have dire consequences for future immigration endeavors.
Check out this guide on what happens to green card after divorce!
Marriage-Based Green Card Process
The first step in a marriage-based green card process is for the petitioning spouse (citizen or permanent resident) to file an I-130, Petition for Alien Relative with the USCIS. After the I-130 approval, the next steps will depend on whether the beneficiary is staying in the U.S. or is living abroad.
If the Beneficiary is in the United States
- After the approval of the I-130, the beneficiary will need to file an I-485, Petition to Adjust Status with the USCIS.
- I-485 must be submitted with supporting evidence, which includes a birth certificate, proof of nationality, and proof of lawful entry to the U.S. (I-94 travel record).
- After you’ve filed the initial paperwork, your green card interview will be scheduled approximately 3-4 months later.
NOTE: If the petitioner is a U.S. citizen and the beneficiary is in the U.S., both the I-130 and I-485 can be filed concurrently.
If the Beneficiary is Outside the United States
- For individuals seeking a green card while outside the United States, you can first become a permanent resident through the process of consular processing. Consular processing is when the USCIS issues a visa on approved Form I-130.
- Once the USCIS has approved your I-130 petition, it will be sent to the National Visa Center (NVC).
- NVC will then assign a case number for the petition and notify the beneficiary spouse to complete the DS-261, Choice of Address and Agent (NOTE: If you already have an attorney, you will not be asked to complete DS-261).
- The NVC will then start the case processing by notifying both the beneficiary and petitioner to pay the appropriate fees.
- After the payment, the NVC will ask you to submit the needed documents for an immigrant visa including the Affidavit of Support, civil documents, application forms, and any other items deemed necessary for the case.
Consular processing fees for a marriage-based green card include a visa application processing fee of $325 and a medical examination fee, which varies. Other costs may include photocopying and translation charges.
Required Documents for a Marriage-Based Green Card Through Consular Processing
The documents may vary depending on each individual’s case. However, the following are the generally required documents for a marriage-based green card application:
- Passport valid for at least six months beyond your planned date of entry into the U.S. Keep in mind that, in some cases, a longer validity may be required. You will need to check with the embassy or consulate in your country to be sure.
- Affidavit of Support: The I-864 Affidavit of Support must be completed by the petitioner to show that they have the ability to support the beneficiary financially when they start living in the U.S. The petitioner must prove that his or her income is at least 25% higher than the HHS poverty guideline.
- DS-260, Immigrant Visa Alien Registration Application
- Two (2) copies of 2×2 photographs (they must follow these specifications).
- Beneficiary’s Civil Documents: This includes birth and marriage certificates, court and prison records, marriage termination documents, military records, and/or police certificates.
- Completed immigration medical examination forms.
What are the Legal Requirements for a Marriage-Based Green Card?
The marriage-based green card eligibility requires proving legal marriage, termination of previous marriages, and a genuine marital relationship. To prove marriage legitimacy, you’ll need to provide official records, while previous marriages require divorce or death certificates. The bona fide marriage criteria help USCIS determine if the marriage is genuine and shine a light on those that are shams. A U.S. citizen or lawful permanent resident must sponsor the applicant. If the marriage lacks familial involvement or appears secretive, immigration officials may become suspicious.
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