Getting married to a U.S. citizen is an important and exciting step. However, many people are surprised to learn that marriage alone does not automatically give you legal status. There is still a legal process you must follow to apply for a green card, and sometimes there are hurdles that aren’t magically resolved with the marriage.
Who Is Eligible for Status Through Marriage?
Generally, immigrants who marry U.S. citizens become eligible for marriage-based lawful permanent residence (green card). The two major eligibility criteria are that the marriage is real (bona fide, meaning not just for immigration purposes) and that the immigrant is admissible to the United States.
However, even if you meet these requirements, your immigration history matters a lot. Some people qualify easily, while others may need additional steps.
Two Main Paths to Permanent Residence
After marriage, there are two different ways to apply for a green card: adjustment of status and consular processing. Below, we outline what each process entails and why immigrants may have to do one over the other.
Adjustment of Status
Adjustment of Status is the process for applying for permanent residence while inside the United States. This option is typically available for individuals who are already in the U.S. and entered lawfully (such as with a visa or parole).
The process begins with a Form I-130 petition, which the citizen spouse files to establish the relationship. In most cases, this can be filed at the same time as the Form I-485—this is called a One-Step application. Additionally, most applicants are also eligible to file the Form I-765 and Form I-131, which will allow the immigrant to work and travel while the I-485 remains pending. These forms are optional, but can be helpful. All of these forms are submitted to USCIS for processing in the U.S.
Once the application is submitted, the immigrant will be scheduled for a biometrics appointment, and subsequently, the couple will attend an interview with an immigration officer to determine whether the marriage is real and confirm documents and eligibility. Typically, couples are asked about their relationship, daily life together, and the history of the couple. If there are concerns, the couple may be separated and questioned individually. Once the process is completed, a decision will be issued, either at the interview or via written notice.
The benefit of Adjustment of Status is that the entire process can be completed in the U.S., meaning that the couple does not have to be separated for any period of time.
Consular Processing
Consular Processing is the process for applying for permanent residence while (at least partially) outside the United States. If you cannot adjust your status in the U.S., you may need to complete your case through a U.S. consulate in your home country.
Once again, the process begins with a Form I-130 petition filed with USCIS, which the citizen spouse files to establish the relationship. Once that petition is approved, the case is moved to the National Visa Center (NVC). The NVC will then prompt the applicant to fill out a DS-260 and submit the required documents and fees. Once that process is completed, the immigrant will attend an interview at the U.S. Consulate in their home country. Before attending the interview, they complete a medical exam. If approved, the immigrant enters the U.S. with an immigrant visa, and the green card is issued upon arrival.
Conditional vs. Permanent Green Card
For both Adjustment of Status and Consular Processing, there are two potential categories of green card one can receive upon approval.
If the couple has been married for less than 2 years when the green card is approved, a conditional two-year green card is issued. To remove conditions, a Form I-751 must be filed before it expires. If the couple has been married for more than 2 years, a permanent green card (valid for 10 years on its face) is issued.
Marriage Does NOT Fix Everything
However, it is important to understand that while marrying a U.S. citizen creates many pathways for immigration relief, it does not solve all immigration issues. Even if you are married to a U.S. citizen, certain issues can still affect your case.
However, there may be certain waivers available, which is a legal request asking the government to forgive a problem that would normally prevent you from getting a green card. The most common waiver is based on showing that your U.S. citizen spouse would suffer “extreme hardship” if you are denied.
Below, we outline the various issues that are not automatically waived with a U.S. citizen spouse and potential solutions.
Entering Without InspectionÂ
If the immigrant crossed a border without permission, they are unable to adjust their status while inside the United States. Consular Processing then becomes the only option. If Entry Without Inspection is the only admissibility issue, the immigrant is eligible for the I-601A Waiver, which can be processed while in the United States, and the immigrant only needs to leave the country once the interview is scheduled. If there are additional issues, then an I-601 Waiver, which is processed outside of the United States, will be required.
Unlawful Presence
If an immigrant is in the United States without some sort of legal status, they start accruing unlawful presence. One of the benefits of marriage-based adjustment is that marriage to a U.S. citizen waives unlawful presence while physically present in the United States. However, if the immigrant has accrued unlawful presence and leaves the United States, they may trigger a 3-year or 10-year bar, which must be overcome with the I-601 Waiver.
Prior Deportation or Removal
If an immigrant has previously been deported or removed, an I-212 Waiver may be required prior to beginning the process for Consular Processing.
Criminal History
If an immigrant has a criminal history, the consequences vary on the charges and outcomes. Some offenses can make an immigrant inadmissible, meaning they may require a waiver or may prevent approval entirely.
Final Thoughts
Marriage to a U.S. citizen is one of the most powerful ways to obtain a green card—but it is not automatic or a fix-all. The process depends heavily on your personal immigration history.
Because of this, it is very important to understand your options, avoid taking risks (especially traveling without advice), and speak with an immigration attorney if you have complications
Every case is different, and the right strategy can make a big difference in your outcome.