Married to a U.S. Citizen, Shall I File a Marriage Green Card in the U.S. or outside the U.S.?

When married to a U.S. citizen, it becomes eligible to apply for the marriage Green Card. Depending on where the Green Card applicant resides, the Green Card application will be processed by concurrent filing (later for adjustment of status within the U.S.) or by consular processing (cases handled by NVC and overseas U.S. consulate offices). The general process is similar but the detailed rules and guidelines are different. Check this article for the details!

I. Applicants Living in the U.S.

What is the general process to apply for a marriage Green Card when married to a U.S. citizen?

1. Process

Concurrent Filing (Adjustment of Status):
Concurrent filing is filing Form I-485 (adjustment of status application) together with Form I-130 or prior to the approval of the underlying immigrant visa petition.

2. Required Documents

I-130 (Petition for Alien Relative)
I-485 (Application to Register Permanent Residence or Adjust Status)
I-130 (Petition for Alien Relative)

3. General Process

The marriage Green Card applicant and the main sponsor may file Form I-130 together with Form I-485 to USCIS. After taking additional necessary steps for processing, the marriage Green Card applicant and the main sponsor spouse, will attend the Green Card interview. Then after final approval, depending on the years of marriage, the marriage Green Card applicant will either receive a CR1 (conditional residence) Green Card, or an IR1 (immediate relative) Green Card.

4. Same-sex Marriage

Since June 26, 2015, now same-sex marriages are legal in all states in the United States. USCIS gives equal consideration to same-sex couples as heterosexual couples. The same requirements and eligibility will apply during the marriage Green Card application process.

5. Estimated Processing Time

In general, the whole marriage Green Card processing time can take anywhere from ten to thirteen (10-13) months for the complete process. The I-130 processing time can take approximately nine to eleven (9-11) months, and the interview process can take another one to two (1-2) months for additional scheduling.

Please consider there are different steps that need to be accomplished after the initial approval of the I-130. Depending on the time the applicant finalizes their medical evaluation, and fingerprinting, there can be additional delays for the marriage Green Card interview and the whole process.

The main sponsor spouse will be required to attend the Green Card interview, since the marriage Green Card applicant lives within the United States. The interviews are generally held at the nearest USCIS field office.

7. Fingerprinting

The marriage Green Card applicant must schedule for a fingerprinting appointment at a provided fingerprinting location, generally at the local Application Support Center (ASC) nearby USCIS field office. This step is relatively straightforward and does not require the marriage Green Card applicant to answer any questions. However, it is crucial that this be completed timely before the Green Card interview. General notices for a fingerprinting appointment will be mailed out one (1) month after receiving the marriage Green Card application package.

8. Medical Examination

Prior to the marriage Green Card interview, the applicant must undergo a medical examination. This medical examination must be performed by a civil surgeon that has been approved by the USCIS. A list of approved doctors will be provided by the USCIS. Upon completion, the marriage Green Card applicant must either file the medical examination document with the marriage Green Card application or bring the sealed records, along with any vaccination records, and provide it during the marriage Green Card interview.

9. What determines whether I receive a CR1 or IR1?

Regardless of the application process, when the marriage Green Card applicant spouse and his or her sponsor spouse have been married for less than two (2) years, the applicant spouse will receive a CR1 (conditional residence) Green Card. If the marriage Green Card applicant spouse and his or her sponsor spouse have been married for more than two (2) years, the applicant spouse will receive an IR1 (immediate relative) Green Card.

II. Applicants Living Abroad

What is the general process to apply for a marriage Green Card when married to a U.S. citizen?

1. Process

Consular Processing:
Submitting I-130 to USCIS but the processing will be handled by the National Visa Center (NVC) and the overseas U.S. consulate offices.

2. Required Documents

I-130 (Petition for Alien Relative)
DS-260 (Application for Immigrant Visa and Alien Registration)
DS-261 (Online Choice of Address and agent)

3. General Process

The marriage Green Card main sponsor should file Form I-130 along with supporting documents to USCIS. Once the filing is approved, then the marriage Green Card applicant will be eligible to file for Form DS-260. Unlike applicants living within the United States, the marriage Green Card applicant can not file Form I-485, but will instead file Form DS-260 using consular processing with the National Visa Center (NVC). After taking additional necessary steps for processing, the marriage Green Card applicant, and possibly the main sponsor spouse, will attend the Green Card interview. Then after final approval, depending on the years of marriage, the marriage Green Card applicant will either receive a CR1 Green Card, or an IR1 Green Card.

4. Same-sex Marriage

Same-sex marriages are valid for a marriage Green Card application as long as the marriage was legally valid where the marriage occurred. The same-sex couple will need to officially get married where same-sex marriage is deemed legally valid before applying for a marriage Green Card application.

5. Estimated Processing Time

I-130 processing time
- There are several factors to consider when determining the processing time for I-130. If the initial filing for Form I-130 and its supporting documents are deemed insufficient by the USCIS, it requires a Request for Evidence (RFE) as an intermediate step. This RFE is typically sent out within two to three (2-3) months after the initial submission of Form I-130. Once the marriage Green Card application is deemed complete, the I-130 processing time can take anywhere between seven to ten (7-10) months.
Waiting period for consular processing after receiving the NVC case number
- There is no waiting period for consular processing, if the applicant is married to a U.S. citizen. Once Form I-130 is approved, the NVC will assign a case number for the application moving forward for consular processing immediately. Unlike marriage Green Card applicants who are married to U.S. Green Card holders, there is no waiting period or any need to view the monthly visa bulletin published monthly by the U.S. State Department.
How long does it take to receive a Green Card interview after application submission?
- When all the supporting documents and application submission is complete, the NVC will generally make their decision in about three to five (3-5) months. However, there are further steps that the marriage Green Card applicant must complete before the actual Green Card interview: medical examination, passport forwarding address, and fingerprinting.

The main sponsor spouse will not be required to attend the Green Card interview, since the marriage Green Card applicant lives outside of the United States. These interviews are generally held at the U.S. embassy or consulate office in the home country of the marriage Green Card applicant spouse.

7. Fingerprinting

The marriage Green Card applicant must schedule for a fingerprinting appointment at a fingerprinting location provided by the U.S. consulate’s office. This step is relatively straightforward and does not require the marriage Green Card applicant to answer any questions.

8. Medical Examination

Prior to the marriage Green Card interview, the applicant must undergo a medical examination. This medical examination must be performed by a medical doctor that has been approved by the U.S. State Department. A list of approved doctors will be provided by the U.S. consulate office along with the notice of your marriage Green Card interview. Upon completion, the marriage Green Card applicant must bring the sealed records, along with any vaccination records, and provide it during the marriage Green Card interview.

9. What determines whether I receive a CR1 or IR1?

Regardless of the application process, when the marriage Green Card applicant spouse and his or her sponsor spouse have been married for less than two (2) years, the applicant spouse will receive a CR1 (conditional residence) Green Card. If the marriage Green Card applicant spouse and his or her sponsor spouse have been married for more than two (2) years, the applicant spouse will receive an IR1 (immediate relative) Green Card.

III. Frequently Asked Questions

1. I prefer the Adjustment of Status process because it appears with shorter processing time. Must I proceed with the consular processing?

In general, anyone applying for a marriage Green Card application while living outside of the United States is eligible for consular processing. This includes any nonimmigrants with temporary visas. Because these applicants don’t have the status that can be adjusted to permanent residence by I-485 adjustment of status process, at times, the marriage Green Card applicants are required to return to their home country for completing their marriage Green Card application process.

2. What is conditional Green Card (CR1)? And what is IR1 visa?

The CR1 Green Cards are valid only for two (2) years, and require a filing of Form I-751 (Petition to Remove Conditions on Residence) during the 90 days before expiration of the CR1. This will allow the conditions to be removed and allow the applicant to receive a permanent Green Card.

The IR1 is a Green Card which has a validity period of ten (10) years. Typically, six (6) months before the expiration of the Green Card, the Green Card holder is encouraged to renew this Green Card through a relatively simple process with yet another filing. However, this renewal process is fairly straightforward and does not require documents and proof of re-stablishing the bona fide marital relationship.

3. What is Form DS-260 (Application for Immigrant Visa and Alien Registration)?

Once the U.S. State Department fees for application processing and financial support forms are paid and processed, the marriage Green Card applicant may move forward with filing Form DS-260, along with supporting documents. Once this form is complete, a confirmation page will be provided to the marriage Green Card applicant, and must be printed and brought to your Green Card interview at the U.S. embassy or consulate office.

4. What is Form DS-261 (Electronic Choice of Address and Agent) ?

After receiving your NVC case number, the marriage Green Card applicant must file Form DS-261. This will provide information to the U.S. State Department on how to communicate with the marriage Green Card applicant during the consular processing.

5. What is a passport forwarding address used for?

When the marriage Green Card application process is successfully finalized, the applicant’s passport will be returned to the marriage Green Card applicant with an approval visa stamp. In order to properly receive this passport, the marriage Green Card applicant must register online to provide a proper return address. These forms and resources can be generally found on the U.S. consulate’s website. It is crucial to fill the forms correctly in order to shorten the processing time until receiving your Green Card.