Green Cards for Spouses of U.S. Citizens

• Eligibility for Permanent Residency for Spouses of U.S. Citizens
• Applying for Permanent Residency
• Documents needed for a spouse’s immigrant petition
• Conditional Green Cards

Eligibility for Permanent Residency for Spouses of U.S. Citizens

A spouse of a U.S. citizen is eligible for a green card as an “immediate relative.”  Immediate relatives are not subject to quotas, so they do not need to wait until a visa is available.

Applying for Permanent Residency for a Spouse

The process for applying for permanent resident status depends on whether the foreign spouse is within or outside of the United States. 

If the foreign spouse is already in the United States in a nonimmigrant status, the U.S. citizen spouse should file a petition and an application to adjust status with the U.S. Citizenship and Immigration Services (USCIS). 

If the foreign spouse is outside of the United States, the U.S. citizen should file an immigrant petition and request that the USCIS notify a U.S. Consulate in the country where his or her spouse lives.  Once the petition is approved, the National Visa Center of the U.S. State Department sends a series of forms called a “Packet 3.”  After the necessary forms are completed, the alien spouse goes to the U.S. Consulate overseas to apply for an immigrant visa. The alien spouse becomes a permanent resident when he or she enters the United States with an immigrant visa.

Documents needed for a spouse’s immigrant petition

To file the immigrant petition, you need to provide the following documents:

• Copy of the U.S. citizen's Birth Certificate, Certificate of Naturalization, Certificate of Citizenship or other proof of U.S. citizenship;

• Marriage certificate between the alien spouse and the U.S. citizen;

• Divorce decrees showing the termination of all prior marriages of the alien spouse and the U.S. citizen;

• Two recent color photographs of the U.S. citizen; and,

• Two recent color photographs of the alien spouse.

For the adjustment of status application (I-485) are as follows:

• Two recent color photographs of the alien spouse;

• Sealed medical examination report of the alien spouse;

• Evidence of financial condition of the alien spouse if he or she has a job, such as a letter from the employer on letterhead and tax forms for the past three years;

• Evidence of financial support by the U.S. citizen, such as an employment verification letter on letterhead, and tax forms for the past three years;

• Copy of the alien spouse's passport, visas, and I-94;

• Documents showing alien spouse's legal status after coming to the U.S., such as the alien spouse's I-797, I-20, IAP-66; and,

• Marriage certificate.

Conditional Green Cards

If the couple has been married more than two years before the foreign spouse is admitted into the United States, the foreign spouse is admitted as a permanent resident, without conditions.

If the marriage to the U.S. citizen occurred less than two years before the foreign spouse is admitted as a U.S. permanent resident, the foreign spouse receives a “conditional” green card. The foreign spouse's permanent resident status may be terminated if the marriage is terminated by divorce or annulment within two years after it is granted.  Other than this condition, the foreign spouse has all benefits of permanent resident status.

Removing the Conditions on a Green Card

Both spouses need to jointly petition to remove the condition within 90 days before the second anniversary of the alien spouse's admission as a permanent resident.  If this petition is not filed, the alien spouse's conditional permanent residence will be terminated.