Marriage Green Cards for Military Spouses
If you meet a spouse while overseas or during your military service, the military spouse can apply for a marriage Green Card. In this article, we will review the eligibility criteria for military spouse marriage Green Card, including the Federal Poverty Guidelines and military service records.
I. What are the eligibility criteria for a military spouse on active duty?
When the main sponsor is a U.S. citizen or a U.S. Green Card holder, there are other eligibility criteria required to sponsor a military spouse for a marriage Green Card. Although they may be similar to non-military spouses, the following are some distinctions:
- The minimum income requirement for the main sponsor spouse is adjusted to 100% of the Federal Poverty Guidelines set by the Department of Health and Human Services (HHS)* for the affidavit of support.
- The main sponsor must accept the duty to be financially responsible for the military spouse, the marriage Green Card applicant (Provide sponsorship)
- The main sponsor must provide military service records to prove military status
*Please refer to this link for the latest Poverty Guidelines for affidavit of support. https://aspe.hhs.gov/poverty-guidelines
As with all other marriage Green Card applicants and their main sponsors, other basic requirements of proving a bona fide marriage, termination of any previous marriages, and providing other required documentation and evidence will remain the same.
II. Are there any differences in the marriage Green Card application process with a military spouse?
When it comes to applying for a marriage Green Card with a military spouse, aside from minor differences, the processes are quite similar to regular non-military spouse marriage Green Card applications.
The main determining factors of whether to choose an Adjustment of Status or Consular Processing will be based on whether the main sponsor is a U.S. citizen or U.S. Green Card holder, and on whether the marriage Green Card applicant resides within the United States or outside of the United States.
For more information, please see the sections covering Adjustment of Status and Consular Processing.