Many U.S. citizens and lawful permanent residents (LPRs) of the United States marry citizens of foreign countries, and start the process of obtaining lawful permanent resident status, a green card, for their new spouse. The immigration process can be daunting.  Below is a summary of two different processes used to sponsor a marriage-based green card.

 

Adjustment of Status

Adjustment of Status is a process for individuals in the U.S. to become lawful permanent residents. To qualify for Adjustment of Status after marriage, one must be married to a U.S. citizen or green card holder and be present in the U.S.  In addition, the beneficiary of a marriage-based Adjustment of Status application must have a legal entry.

The procedure involves several steps, beginning with a petition by the U.S. citizen or green card holder spouse to demonstrate their own immigration status and prove that the marriage is real and not just for immigration purposes.  Some applicants can file their green card or Adjustment of Status application concurrently with the initial petition. Adjustment of Status will also provide an opportunity to apply for work authorization and travel authorization while the green card application is pending.  Lastly, both spouses will attend an interview with USCIS before a green card is issued.  Please note that USCIS has recently started waiving interviews for some applications.  A green card through Adjustment of Status can take over 1 year.  However, beneficiaries are able to be together in the U.S. while they wait to receive the green card. Please note that timing and process can vary depending on whether the petitioning spouse is a U.S. citizen or a green card holder.

Consular Processing

Individuals outside the United States who wish to apply for a marriage-based green card must use a procedure referred to as Consular Processing. This process begins with a petition filed in the U.S. to verify that the sponsoring individual is a U.S. citizen or green card holder.  The petition also confirms that the marriage is real and not just for immigration purposes.  Once the petition is approved and a visa is available, the case is transferred over to the National Visa Center where an immigrant visa application is completed and additional documents are submitted. When the National Visa Center documentarily qualifies the application, it is transferred to the U.S. embassy or consulate abroad where the visa interview occurs.  The Beneficiary abroad will complete a medical exam, appear for an interview, and enter the U.S. as a green card holder/permanent resident.  The physical green card will be mailed within 3 months of entry.  

Conclusion

Eligibility for Adjustment of Status or consular processing depends largely on where the spouse beneficiary is located at the time of filing.  While both processes result in a green card, the eligibility requirements, process, timing, fees, and associated benefits can vary significantly. It is important to be fully aware of the process and steps to avoid delays and efficiently obtain a marriage-based green card.