Kara Sears
Getting a marriage green card in the United States is a multi-step process that can take up to 11 months and costs between $1,400 and $3,005. A marriage green card allows the spouse of a U.S. citizen or lawful permanent resident to live and work in the United States. But can you get a green card through common-law marriage? A common-law marriage may be recognized for immigration purposes if it is legal in the country or U.S. state where the couple lives or currently resides and if it grants the same marital rights as those given to traditionally married couples in that locale.
| Characteristics | Values |
|---|---|
| Common-law marriage | May be recognised for immigration purposes if it is legal in the country or U.S. state where the couple lived or currently live and led to the attainment of the same marital rights as are granted to traditionally married couples in that locale |
| Recognition by state | If your state offers you the opportunity to register your common-law marriage with a local government agency, then the U.S. immigration authorities will expect you to have done so, and to provide proof of such registration |
| Proof of marriage | Documentary proof of a shared life, such as joint lease or mortgage documents, joint bank or credit card statements, evidence of joint health, auto, or other insurance, affidavits from friends and relatives |
| Application process | File Form I-130 with U.S. Citizenship and Immigration Services (USCIS) to establish the qualifying relationship between the U.S. citizen or permanent resident and the foreign national spouse |
| Application fee | $675 USCIS filing fee |
| Application time | 9–38 months |
| Application cost | $1,400–$1,960 |
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What You'll Learn
Common-law marriage recognition
A marriage-based green card allows the spouse of a U.S. citizen or lawful permanent resident to live and work in the United States. It is one of the most common immigration pathways. Upon approval, the spouse becomes a "permanent resident" and can later apply for U.S. citizenship after three years of marriage to a U.S. citizen.
To obtain a green card for an immigrant, you must show that the marriage is legally valid and bona fide, i.e., not a sham or fraud to get a green card. Couples who have gone through a civil or religious ceremony commonly show photos of the ceremony to immigration officials. Other documents that can be submitted as proof of a shared life include joint lease or mortgage documents, joint bank or credit card statements, and evidence of joint health, auto, or other insurance.
A common-law marriage may be recognized for immigration purposes if it is legal in the country or U.S. state where the couple lived or currently live and led to the attainment of the same marital rights as are granted to traditionally married couples in that locale. If your state offers you the opportunity to register your common-law marriage with a local government agency, the U.S. immigration authorities will expect you to have done so and to provide proof of such registration.
The process for getting a marriage-based green card involves several major steps. First, the U.S. citizen or lawful permanent resident spouse must file Form I-130 with U.S. Citizenship and Immigration Services (USCIS). This form serves as a petition to establish the qualifying relationship between the U.S. citizen or permanent resident and the foreign national spouse. After the I-130 application is filled out and all supporting documents are attached, the application package must be mailed to the USCIS. If your spouse is a U.S. citizen, you will usually submit your Form I-485 (Application to Register Permanent Residence or Adjust Status) at the same time as your Form I-130. This is called concurrent filing. If your spouse is a green card holder, you will have to wait several more months before submitting your Form I-485, known as non-concurrent filing. The government will notify you when it is time to file your Form I-485.
If you are currently living inside the United States, you must file Form I-485. This form is more commonly known as the Adjustment of Status form because it allows you to change your current immigration status (whether it be a fiancé visa or nonimmigrant visa) to a marriage-based green card. When you submit Form I-485, you must also submit supporting documents, including proof of your lawful entry into the U.S. (like your I-94 travel record or prior visa).
The USCIS may interview the spouses separately or together to ask questions about their relationship, daily routines, and future plans, and review documents submitted with the green card application. After the interview, the USCIS will make a decision on the green card application. If approved, the foreign national spouse will receive their green card, granting them lawful permanent resident status in the U.S.
The average processing time for a marriage-based green card is 9 to 11 months, depending on several factors, including if the petitioner is marrying a United States citizen or a United States lawful permanent resident. The cost for a marriage-based green card was $1,760 if the applicant applied while living in the United States or $1,200 if they applied from abroad as of 2020. These totals include the required U.S. government filing fees and biometrics fees, which are non-refundable. They also include the average cost of the required medical examination.
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Proving a bona fide marriage
A bona fide marriage is one that is real, where each spouse is genuinely in love with the other and both intend to stay together forever. This is in contrast to a fraudulent marriage or sham marriage, which is entered into solely for the purpose of obtaining a green card. U.S. Citizenship and Immigration Services (USCIS) is adept at identifying fraudulent marriages and will investigate any marriage to determine its authenticity.
When applying for a marriage-based green card, it is crucial to prove not only that you are married but also that your marriage is bona fide. A marriage certificate is a necessary document to include with your application, but it is usually insufficient to establish an authentic marriage. USCIS will often interview the spouses separately or together to ask questions about their relationship, daily routines, and future plans. They will also review other documents submitted with the green card application to ensure the marriage is bona fide.
- Photographs: Pictures that show both spouses together, preferably with family and friends, spanning the entire relationship, including before the marriage, during the wedding, and after the marriage.
- Financial records: Joint bank account statements, joint credit card statements, tax returns, insurance policies covering both spouses, and other documents showing joint ownership of assets and liabilities.
- Proof of cohabitation: Lease agreements, rental receipts, utility bills, auto registrations, and driver's licenses with matching addresses.
- Letters and correspondence: Letters from friends and family addressed to either spouse or both spouses and mailed to the shared address.
- Property ownership: Deeds, mortgages, or rental agreements showing joint ownership of real estate or other major property.
- Other documents: Birth certificates, fertility clinic records, travel itineraries for vacations, and any other evidence that helps paint a picture of a genuine relationship.
It is important to note that not all of these documents are necessary, and some may not be possible to obtain, especially for recently married couples or those in long-distance relationships. However, providing a diverse range of evidence is generally better, and more weight is given to older photos and documents that span a longer period of the relationship.
Obtaining a green card through marriage is a common pathway to permanent residence in the United States, but it requires a thorough application process to prove the authenticity of the marriage.
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Application forms and fees
To obtain a green card through marriage, several forms need to be filed, and various fees need to be paid. The exact forms and fees depend on the specific circumstances of the couple. Here is a detailed overview of the application forms and fees:
Application Forms
The first step in the process is for the U.S. citizen or lawful permanent resident spouse to file Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS). This form serves to establish the qualifying relationship between the U.S. citizen or permanent resident and the foreign national spouse. The form has an associated filing fee of $675.
Once the I-130 form is approved, the foreign spouse living in the U.S. must file Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS. This form allows the individual to change their current immigration status to a marriage-based green card. The I-485 form has a filing fee of $1,440, which includes the biometrics fee.
For spouses of U.S. citizens, the I-485 and I-130 forms can be filed concurrently. However, for spouses of green card holders, there is a non-concurrent filing process, where the I-485 form can only be filed when a visa becomes available according to the Visa Bulletin, resulting in longer wait times.
If the foreign spouse is living outside the U.S., they must file Form DS-260 instead of Form I-485. The total processing time for a marriage-based green card can vary, typically ranging from 9 to 38 months.
During the application process, the couple may also need to submit additional supporting documents. These documents may include proof of the bona fide marriage, such as joint lease agreements, bank statements, insurance policies, and affidavits from friends and relatives. In the case of common-law marriage, where the couple has not undergone a civil or religious ceremony, alternative forms of proof may be required.
Furthermore, if the individual applying for the green card wishes to work in the U.S. while their application is being processed, they must also file Form I-765, Application for Employment Authorization (work permit). This form can be submitted concurrently with Form I-485 without an additional fee.
Fees
The fees associated with obtaining a marriage-based green card include government filing fees, biometrics fees, and the cost of any required medical examinations. The total cost can vary depending on the specific circumstances and location of the couple. For example, in 2020, the total cost for a marriage-based green card was reported to be $1,760 if the applicant applied while living in the United States or $1,200 if they applied from abroad.
In addition to the government fees, individuals may choose to hire an immigration lawyer to assist with their application. The cost of legal services can range from $2,000 to $6,000, depending on the complexity of the case.
It is important to note that the fee structure and requirements may change over time, and individuals should refer to the most up-to-date information provided by USCIS when filing their application.
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Supporting documents
To obtain a green card through common-law marriage, it is essential to demonstrate that the marriage is legally valid and recognised in the place where it occurred. Common-law marriage may be recognised for immigration purposes if it is considered a legitimate form of marriage in the country or U.S. state where the couple resides or previously resided, granting them the same marital rights as traditionally married couples in that location.
- Proof of Lawful Entry into the U.S.: This includes documents such as the I-94 travel record or a prior visa. It is necessary to demonstrate that the individual entered the country legally and is eligible for a change in status.
- Form I-130 and Form I-485: These forms are crucial for the application process. Form I-130 is filed by the U.S. citizen or lawful permanent resident spouse to establish their relationship with the foreign-born spouse. Form I-485 is the Application to Register Permanent Residence or Adjust Status, which allows individuals to change their current immigration status to a marriage-based green card.
- Documentation of Common-Law Marriage Recognition: If the couple's state or jurisdiction recognises common-law marriage, they must provide proof of such recognition. This may include registering their common-law marriage with a local government agency and providing evidence of this registration.
- Proof of Bona Fide Marriage: It is essential to demonstrate that the marriage is authentic and not solely for immigration purposes. Multiple forms of documentary proof of a shared life are required. This may include joint lease or mortgage documents, joint bank or credit card statements, evidence of joint insurance policies, affidavits from friends and relatives, and any other relevant documentation.
- Medical Examination and Vaccination Records: Form I-693, Report of Medical Examination and Vaccination Record, may be required as part of the application process. However, as of March 11, 2025, COVID-19 vaccination is no longer mandatory for immigration medical examinations.
- Criminal Records and Other Supporting Forms: Certified police and court records of any criminal charges, arrests, or convictions may be required. Additionally, depending on individual circumstances, other forms such as Form I-601 (Application for Waiver of Grounds of Inadmissibility) or Form I-212 (Application for Permission to Reapply for Admission into the United States After Deportation or Removal) may be applicable.
- Passport Photos and Birth Certificate: These documents are necessary to establish the identity and personal details of the applicant.
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Interview and approval
The final step in the marriage green card approval process is the interview. The interview is conducted by the U.S. Citizenship and Immigration Services (USCIS) if the interview is held within the United States, and by the U.S. embassy or consulate abroad. The interview is a crucial step in the process, as the interviewing officer's primary goal is to assess the authenticity of the marriage. The officer will ask questions about the couple's relationship, their daily activities, and their future plans together. The interview may be waived in specific circumstances, such as illness or incapacitation, but this requires supervisory approval.
During the interview, the officer aims to determine whether the marriage is bona fide (genuine) or entered into solely for the purpose of obtaining a green card. The spouses may be interviewed separately or together, and they will be asked to provide various documents, including marriage and birth certificates, tax returns, and joint bank account statements. The interview can be a stressful element for couples, but knowing what to expect and being well-prepared can help reduce anxiety.
There are typically five possible outcomes of the green card interview: Approval, Request for Evidence (RFE), Additional Review, Second Interview, or Denial. If the officer is convinced that the marriage is not fraudulent and all other requirements are met, they will approve the spouse for a green card. In some cases, the officer may request additional evidence, such as extra documentary proof of the relationship's authenticity, including utility bills, bank statements, or statements from friends and family.
If the marriage-based green card is approved, the foreign spouse receives a CR1 (conditional) green card valid for two years. To obtain a permanent green card, the couple must file a joint petition within 90 days before the conditional green card expires. After three years of marriage to a U.S. citizen, the spouse can apply for U.S. citizenship. It is important to note that common reasons for denial include lack of evidence of a bona fide marriage, criminal history, incomplete forms, ineligibility, immigration violations, and marriage fraud.
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Frequently asked questions
A common-law marriage is an agreement between a man and a woman to become married without a formal civil or religious ceremony. When they take place in other countries, these are also sometimes referred to as "customary" or "tribal" marriages.
A marriage-based green card allows the spouse of a U.S. citizen or lawful permanent resident to live and work in the United States. A common-law marriage may be recognized for immigration purposes if it is legal in the country or U.S. state where the couple lived or currently live and led to the same marital rights as are traditionally granted to married couples in that locale.
To obtain a green card, you must show that the marriage is legally valid and bona fide (genuine) and not a sham or fraud to get a green card. You will need to show multiple forms of documentary proof of your shared life, such as joint lease or mortgage documents, joint bank or credit card statements, and evidence of joint health, auto, or other insurance.
