Bona Fide Marriage : Guide To How Can We Prove Our Marriage Is Real?

Introduction

Applying for a marriage-based green card involves more than just presenting a marriage certificate.

U.S. Citizenship and Immigration Services (USCIS) requires strong evidence that your marriage is “bona fide,” meaning that it is a genuine relationship and not solely for immigration purposes.

Marriage-Based I-130, I-751, N-400

When applying for a green card for your spouse, the first step is filing Form I-130, Petition for Alien Relative with U.S. Citizenship and Immigration Services (USCIS). The immigration process is crucial in proving a bona fide marriage, as it involves detailed documentation and evidence to avoid pitfalls.

If you obtain a 2-year conditional marriage green card (for marriages less than 2 years old), you will need to again demonstrate a bona fide marriage when filing the I-751 Petition to Remove the Condition on Permanent Residency.  Even if your marriage has ended and you’re applying with a waiver-based I-751, you must still demonstrate that your marriage was entered into in good faith and not just to circumvent immigration laws.

If you are submitting the N-400 application naturalization under the three year rule (marriage to a US Citizen during the last three years of permanent residency), you will also need to demonstrate that you entered into a bona fide marriage AND that the marriage continues to be viable.

For marriage-based I-130, I-751, and N-400,  to prove that your marriage is genuine (bona fide), you must provide more than just a marriage certificate. USCIS carefully evaluates your relationship to prevent immigration fraud.

Failing to provide sufficient proof of a bona fide marriage can result in delays, denial of the petition, or even deportation. Below is a comprehensive guide on how to effectively prove your marriage is legitimate.

In this guide, we will cover everything you need to know about demonstrating the authenticity of your marriage, including the best types of evidence, potential red flags, and what to expect at the green card interview.

Eligibility for a Marriage-Based Green Card

To qualify for a marriage-based green card, you must demonstrate:

• Legal Marriage: Your marriage is legally recognized in the country where it occurred.
• Married to a U.S. Citizen or Lawful Permanent Resident (LPR): Provide evidence of your spouse’s citizenship or permanent resident status.
• Genuine Marriage: Proof that your marriage is authentic and not for immigration benefits.
• Exclusive Marriage: Both partners are not married to other individuals.

 

What is a Bona Fide Marriage?

A bona fide marriage is a real, legitimate marital relationship where both spouses intend to build a life together. This contrasts with fraudulent marriages that exist solely to evade U.S. immigration laws.

Indicators of a Bona Fide Marriage

• Cohabitation: Living together as a married couple
• Financial Integration: Sharing joint bank accounts, investments, and loans
• Family and Social Ties: Spending time with each other’s families and friends
• Joint Responsibilities: Co-owning property, joint ownership of property, sharing bills, raising children together
• Communication and Travel: Keeping in touch and visiting each other frequently

 What if You Live Apart?

Not all couples live together due to work, school, or family obligations. If this applies to you, submit a letter explaining your situation, signed by both spouses, along with additional evidence

If you don’t live together, USCIS may suspect marriage fraud. You should submit:

• A letter signed by both spouses explaining the reason for living apart (e.g., work, school, visa delays).
• Evidence of frequent visits (e.g., plane tickets, hotel receipts).
• Communication records (phone logs, emails, social media messages).

Proof of a Shared Life

Beyond finances and residency, USCIS wants to see that your relationship is active and evolving. Include:

• Photos Together Over Time (with friends and family, at events, vacations, and holidays)
• Travel Records Showing Joint Trips
• Chat Logs, Emails, or Call Records (demonstrating regular communication)
• Wedding Invitations, Receipts, and Photos
• Affidavits from Friends and Family Confirming Your Relationship

 

 

How USCIS Detects Fraudulent Marriages

USCIS is highly skilled in identifying sham marriages and looks for inconsistencies in documentation, discrepancies during interviews, and lack of a genuine marital relationship.

Types of Evidence to Prove a Bona Fide Marriage

To strengthen your petition, submit various forms of evidence demonstrating a genuine relationship.

1. Proof of Cohabitation (Living Together)

Although couples may live apart due to work, military service, or school, shared residency is strong evidence of a real marriage. Documents to provide:

• Joint lease agreements or mortgage documents
• Utility bills (electricity, water, gas, trash, cable, internet) with both names
• Driver’s licenses or state IDs showing the same address
• Bank statements or credit card statements listing the same address
• Letters, bills, or official correspondence addressed to both spouses at the same address
• Affidavits from neighbors or landlords confirming cohabitation
• Property deed listing both spouses
• Home insurance policy covering both spouses
• Correspondence from landlords confirming both spouses reside together
• Grocery receipts showing shared expenses
• Health insurance policies covering both spouses
• Employment records listing spouse as an emergency contact
• Bills and subscriptions in both names (Netflix, Amazon, etc.)
• Gifts receipts for presents exchanged.

 2. Financial Documents (Commingling of Finances)

Married couples typically share financial responsibilities. Evidence of joint finances includes:

• Joint bank account statements
• Voided or canceled checks showing financial transactions between spouses
• Tax returns filed jointly
• Joint credit cards or loans
• Statements for jointly held investment accounts
• Life, health, or auto insurance policies listing each other as beneficiaries
• Wills, trusts, or power of attorney documents
• Beneficiary designations for retirement plans (401k, pension, etc.)
• Loans or car financing agreements in both names
• Wire transfers or transactions between spouses

3. Evidence of Raising Children Together

Having children together is compelling proof of a real marriage, but it is not required. If applicable, include:

• Birth certificates showing both spouses as parents
• Adoption records listing both spouses
• Adoption certificates providing evidence of shared parenting
• Medical records showing an ongoing pregnancy
• School or medical records listing one spouse as an emergency contact for stepchildren
• Photos or letters showing involvement in a child’s life

4. Proof of Relationship and Shared Activities

Documents and personal records demonstrating affection and shared experiences:

• Photos together at various life stages (engagement, wedding, trips, family gatherings)
• Travel itineraries and hotel reservations from vacations
• Gift receipts for presents exchanged between spouses
• Holiday and anniversary cards from family and friends
• Letters, emails, or social media messages exchanged between spouses
• Screenshots of social media interactions (e.g., Facebook posts, Instagram tags)
• Phone records showing frequent calls or messages

5. Affidavits from Family and Friends

Personal statements from loved ones can add credibility to your case. Each affidavit should:

• Be written by a U.S. citizen or lawful resident
• Include the author’s full name, address, and date of birth
• Describe how they know the couple and their experiences with them
• Personal stories demonstrating the relationship’s legitimacy
• Signature and date
• Be notarized if possible

USCIS may request additional evidence, and in some cases, the affidavit writer may need to testify in person.

6. Photos and Travel Records

Photographs and travel documents help demonstrate time spent together. Submit:

• Photos of both spouses together at different events with family and friends
• Vacation records, including flight tickets, hotel bookings, and itineraries
• Corresponding passport stamps from trips taken together

7. Communication Records

For couples who have spent time apart, communication records can help prove an ongoing relationship:

• Email exchanges, letters, and greeting cards
• Screenshots of video calls or text messages
• Phone call logs showing frequent communication

 

 

 

How Many Supporting Documents Do You Need?

While there is no specific number of documents required, more evidence is better. Ideally, submit documents from multiple categories spanning different time periods. If your case lacks strong financial documents, emphasize communication, photos, and affidavits.

Special Situations

What if You Don’t Have a Social Security Number?

If the foreign spouse lacks an SSN, alternative evidence includes:

• Travel Tickets Showing Joint Trips
• Hotel Reservations in Both Names
• Joint Memberships (e.g., gyms, clubs, streaming services)

Stronger vs. Weaker Evidence

Not all proof carries the same weight. Below is a ranking of evidence strength:

Strongest Evidence:

✔ Joint bank accounts, mortgages, leases, insurance policies, utility bills in both names

Medium Evidence:

✔ Shared travel itineraries, phone logs, joint event tickets, text message records

Weaker Evidence:

✔ Letters from family and friends, single travel itineraries, occasional photos

Red Flags That Can Lead to Increased Scrutiny

USCIS officers look for specific warning signs that could indicate a fraudulent marriage. If any of these apply to your situation, you should be prepared to provide stronger evidence:

• Significant age difference
• No shared language between spouses
• Different cultural or ethnic backgrounds
• Family and friends unaware of the marriage
• Marriage arranged by a third party
• Marriage happened right after an immigration issue, such as deportation proceedings
• Conflicting responses during USCIS interviews
• Lack of shared residence (exceptions apply, e.g., military service or job relocation)
• Petitioner has previously petitioned for other foreign spouses

These factors alone do not prove fraud, but they can raise red flags. If any of them apply to your case, be extra diligent in compiling your evidence.

If your marriage falls into any of these categories, consult an immigration attorney for guidance.

Preparing for the Green Card Interview

Your in-person interview is another opportunity to prove your marriage is real. Depending on where the foreign spouse lives:

• If outside the U.S.: The interview takes place at a U.S. Embassy or Consulate without the sponsoring spouse.
• If inside the U.S.: The interview occurs at a USCIS field office with both spouses present.

To prepare:

• Review Submitted Documents: Ensure both are familiar with all evidence provided.
• Practice Common Interview Questions: Discuss daily routines, future plans, and personal anecdotes.
• Be Honest and Consistent: Answer questions truthfully; inconsistencies can raise concerns.

In some cases, couples may undergo a Stokes interview, where they are questioned separately to verify the consistency of their answers. Preparation is key to navigating this process successfully.

 

What If You Are Interviewed Separately?

USCIS may conduct separate interviews if they suspect fraud. Your answers should be consistent to avoid suspicion.

 

What to Expect at the Green Card Interview

During the green card interview, USCIS officers will assess your marriage. Common spousal interview questions include:

• Where and how did you meet?
• Who proposed and how?
• What are your spouse’s hobbies?
• What does your spouse eat for breakfast?
• What side of the bed does your spouse sleep on?
• How did you celebrate your wedding anniversary?

Tips for a Successful Interview

• Arrive on time and dress professionally
• Bring original copies of all submitted documents
• Be honest and answer confidently
• Prepare for separate interviews if USCIS suspects fraud

For a full list of common green card interview questions, click here: Green Card Interview Questions

Common Interview Questions

Officers may ask personal questions to assess your relationship. Examples include:

• How did you meet?
• What’s your spouse’s favorite food or hobby?
• Who pays the household bills?
• What’s your bedtime routine?
• Do you have any pets? Who takes care of them?

Note: Some couples are interviewed separately. This does not automatically indicate suspicion but allows USCIS to compare answers for consistency.

What Happens After You Get a Green Card?

If your marriage is less than two years old, you will receive a conditional green card (valid for two years). To remove conditions and get a permanent 10-year green card, file Form I-751, Petition to Remove Conditions on Residence.

• File within 90 days before the expiration of the conditional green card
• Submit updated proof of a bona fide marriage
• If approved, receive a permanent resident green card

To file the I-751, here is resource that will help.

Avoiding the I-751 Interview

The best way to avoid an interview is to submit a strong I-751 package. Tips to improve your chances:

• Submit a variety of evidence covering different aspects of your relationship
• Organize documents clearly with a cover letter explaining your case
• Avoid inconsistencies between your documents and prior USCIS filings
• Prepare for the interview in case USCIS requests one

What If You Are No Longer Married? (I-751 Waiver)

If your marriage has ended due to divorce, abuse, or the death of your spouse, you can still apply for a waiver of the joint filing requirement. You must still prove that your marriage was originally genuine.

Evidence to include:

• Documents covering the period before separation (bank records, leases, taxes, etc.)
• Proof of divorce or annulment
• Police reports, restraining orders, or medical records (if filing under the abuse waiver)
• Affidavits from friends, family, or professionals familiar with your relationship

Frequently Asked Questions

What Are Red Flags for Marriage Green Card Applications?

USCIS may scrutinize applications if they notice:

• A significant age gap
• Limited communication due to language barriers
• Short dating periods before marriage
• Different addresses or lack of shared financial obligations
• Inconsistent answers during the interview

What Counts as Proof of Relationship?

Valid proof includes financial, residential, social, and emotional evidence, such as:

• Joint assets and financial accounts
• Shared residence documentation
• Photos and travel records together
• Proof of regular communication

Can CR-1 Visas Get Denied?

Yes. Common reasons include:

• Insufficient evidence of a real marriage
• Previous marriage fraud or visa violations
• Criminal history of either spouse

How Many Times Can You Sponsor a Spouse?

There is no strict limit, but USCIS closely examines repeat petitions. Frequent sponsorships may raise concerns about fraudulent intent.

General Questions on Proving a Bona Fide Marriage

1. What does “bona fide marriage” mean in the immigration context?

A bona fide marriage is one entered into in good faith, meaning it is a genuine relationship based on love and commitment, not just for immigration benefits.

2. What kind of evidence is required to prove a bona fide marriage?

Evidence can include:

• Joint lease or mortgage documents
• Utility bills in both spouses’ names
• Joint bank accounts and financial statements
• Photos of the couple together over time
• Affidavits from friends and family
• Joint tax returns
• Proof of travel together
• Birth certificates of children (if applicable)
• Insurance policies listing each other as beneficiaries

3. Do we need to submit all types of evidence listed?

No, but the more diverse and credible the evidence, the stronger your case will be. Aim for a mix of financial, residential, and social evidence.

4. How far back should our evidence go?

For an I-130, evidence from before and after the marriage is helpful.
For an I-751, you should provide evidence covering the entire two-year period of conditional residence.

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Specific Evidence Questions

5. Does a joint bank account need to show frequent transactions?

Yes, USCIS prefers accounts that are actively used by both spouses. A stagnant account with minimal transactions may be viewed as weak evidence.

6. What if we don’t have a joint lease or mortgage?

If you live with family or friends, get an affidavit from the homeowner stating that you live together. Utility bills, mail addressed to both of you at the same address, and any shared rental receipts can also help.

7. Do we need to submit our wedding photos?

Yes. Include a variety of photos from different times, locations, and with family and friends present to show the evolution of your relationship.

8. What if we had a simple courthouse wedding with no guests?

That’s okay, but you’ll need other evidence, such as joint finances, insurance policies, and affidavits from close friends or family confirming your marriage.

9. Can we submit social media posts as proof?

Yes, screenshots of posts, comments, and photos showing your relationship timeline can help. They should be accompanied by other primary evidence.

10. Do text messages and call logs help?

Yes, especially if they show a consistent pattern of communication. However, they should be part of a broader set of evidence.

11. What if we have different last names?

That’s not a problem. Many couples keep separate last names. You should still provide strong evidence of a shared life.

12. Do we need joint health insurance?

It’s not required but is strong evidence. If you don’t have it, other financial ties such as shared accounts, utility bills, or life insurance policies can help.

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Red Flags & How to Address Them

13. What are common red flags that USCIS looks for?

• Large age differences
• Short courtship period before marriage
• No shared residence
• Different addresses on official documents
• Minimal interaction in each other’s native language
• Prior immigration petitions for a previous spouse
• Lack of knowledge about each other’s personal lives

14. How do we address an age difference?

Be prepared to explain how you met and fell in love. Submitting evidence of a long-term relationship before marriage can help.

15. What if we don’t speak the same language fluently?

Show evidence of how you communicate (texts, translated messages, voice notes) and provide affidavits from people who know you.

16. What if we lived apart for a period of time?

Explain the reason (e.g., work, family, visa restrictions) and provide proof of ongoing communication during that period.

17. How do we handle different addresses on documents?

If one spouse moved temporarily, provide an affidavit explaining why, along with evidence of continued cohabitation and relationship maintenance.

18. How do we prove intimacy and emotional bonding without going into personal details?

Affidavits from friends, family, and joint travel records can illustrate the strength of your relationship without disclosing private details.

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Special Situations

19. We don’t have children. Will that hurt our case?

No, not all couples have children. Strong financial and social evidence will suffice.

20. What if one spouse has been married before?

Provide divorce decrees to show previous marriages ended legally. Also, demonstrate that your current marriage is genuine.

21. We had an arranged marriage. Will USCIS accept that?

Yes, but you must provide strong evidence of cohabitation, joint finances, and emotional bonding.

22. What if we live with extended family?

That’s fine, but provide proof of a shared life (e.g., joint bills, bank accounts, or travel records).

23. What if one spouse is undocumented?

The process will be the same, but additional waivers may be required depending on their immigration status.

24. My spouse is incarcerated. Can we still prove a bona fide marriage?

Yes, but you’ll need proof of communication, financial support, and affidavits confirming your relationship.

25. We are in a same-sex marriage. Will we be treated differently?

USCIS recognizes same-sex marriages as long as they were legally performed. Be prepared for the same evidence requirements as any other couple.

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USCIS Interviews

26. What kind of questions will USCIS ask at the marriage interview?

Questions can range from:

• How did you meet?
• What was your wedding like?
• What side of the bed does your spouse sleep on?
• What did you do last weekend together?
• Who pays the household bills?

27. What happens if we fail the interview?

You may receive a Request for Evidence (RFE) or be scheduled for a Stokes Interview (second interview) where you’ll be questioned separately.

28. How should we prepare for the interview?

• Review your application together
• Be honest and consistent
• Bring additional evidence
• Stay calm and confident

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Form-Specific Concerns

29. What if we don’t have new evidence for our I-751?

Even if you have limited new evidence, submit whatever you can. Affidavits from friends and family can be valuable in this case.

30. What happens if we get an RFE (Request for Evidence)?

You must respond with additional evidence within the given timeframe. Failure to respond can lead to denial.

31. Can I apply for naturalization (citizenship) while my I-751 is pending?

Yes, but USCIS will likely process your I-751 before approving your naturalization.

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Final Advice

32. What are the biggest mistakes people make when proving a bona fide marriage?

• Submitting weak or inconsistent evidence
• Failing to update USCIS on address changes
• Not preparing for the interview
• Ignoring an RFE or missing deadlines

33. What if my spouse refuses to cooperate in filing the I-751?

If you are divorcing or have been abused, you may qualify for a waiver of the joint filing requirement.

34. Can I hire an immigration attorney to help with my case?

Yes, an attorney can be very helpful, especially in complex cases or if you’ve received an RFE.

 Final Thoughts

A successful marriage-based green card application requires careful documentation. The more evidence you provide, the stronger your case. If you need guidance, consulting an immigration expert can help you navigate the process smoothly.

Additional Resources

For more detailed information, consider exploring the following resources:

• USCIS Policy Manual on Marriage and Marital Union for Naturalization
• USCIS Policy Manual on Documentation and Evidence
• USCIS Form I-751 Overview – Official government resource with instructions
• USCIS Policy Manual on Conditional Residence

Final Tips

• Submit as much strong evidence as possible.
• Organize documents clearly for easy review.
• Be honest and confident at your interview.
• Seek legal help if needed.

Proving your marriage is real may require effort, but with the right preparation, you can navigate the process successfully and secure your green card.

Who Can Apply for Marriage-Based Green Card?

If you have U.S. citizenship or lawful permanent residence status and fell in love with a foreign national, you probably consider options on how to bring your loved one to the United States where you can live together and make a family.

If you decided that your spouse should move to the United States permanently and apply for permanent residence status as an immediate relative and get immigration benefits, then it’s time for you you learn about the marriage green card process.

This article is a short review on the process of applying for a green card and possible scenarios, documents you have to submit (I-130 petition, form I-485, affidavit of support, etc), and how to handle it, but if you need legal advice, better consult an immigration attorney.

Eligibility Requirements

If a sponsoring spouse is a U.S. citizen or a green card holder, then a foreign national can apply for U.S. lawful permanent residence status. The U.S. immigration law imposes several requirements to make a person eligible to apply for a marriage green card:

• Marriage has to be legal
• Marriage has to be bona fide (show marriage certificate)
• You have to have U.S. citizenship or a lawful permanent resident status to sponsor your foreign spouse
• Neither of you can’t be married to another person.

How long does it take to get a marriage green card through marriage in 2021?

This waiting period also depends upon other factors such as Visa number availability (Visa Bulletin), U.S. Citizenship and Immigration Services USCIS or NVC processing time, U.S. embassy or consulate interviews schedules, etc.

Four possible situations will have different processing times:

1. Your spouse lives in the U.S., and you are a U.S. citizen;
2. Your spouse lives abroad, and you are a U.S. citizen;
3. Your spouse lives in the U.S. and is you are a green card holder;
4. Your spouse lives abroad, and you are a U.S. green-card holder.

Properly filing documentation can play a significant role regardless of which group you belong to.

Your spouse lives in the U.S. and you are a U.S. citizen.

If a spouse of a U.S. citizen seeking a marriage-based green card lives in the U.S., you can expect the shortest processing time, which is usually between 10-13 months.

Moreover, you can go through a procedure called “Concurrent Filing.” This will save you plenty of time because you will file two forms at the same time.

There are four steps in this process: Filing Green Card Application

A U.S. citizen files a marriage green card package for his or her foreign spouse with whom he or she must be legally married.

The application includes:

• Form I-130 Petition for Alien Relative
• Form I-130A
• Form I-485 Application to Register Permanent Residence or Adjust Status
• Form I-864, Affidavit of Support Under Section 213A of the INA
• And supporting evidence with form I-130 and form I-485 such as birth certificate, marriage certificate, employment authorization (follow the instructions)

Optionally, you can submit:

• Form I-765, Application for Employment Authorization
• Form I-131, Application for Travel Document or Advance Parole

After USCIS receives your application package, it will issue a receipt notice containing a set of case numbers in about 2-3 weeks.

Attend Biometrics Appointment

Usually, 3-5 months after USCIS receives your immigrant visa application, your foreign spouse will get the biometrics appointment date.

Attend the Interview

From 4 to 12 months after applying, USCIS will send you a green card interview notice. This notice will state the exact date, time, and location when you will attend the interview.

Receive Green Card

When you apply for a green card, it will arrive 2-3 weeks after the interview, but in some cases, it may take longer. You can check this article –How Long Does It Take To Get?

Your spouse lives abroad, and you are a U.S. citizen

A foreigner married to a U.S. citizen who lives outside the U.S. has to submit the green card application through a USCIS procedure called “Consular Processing. ”

Processing of Form I-130

When you file Form I-130 and Form I-130A along with supporting documents, in 2-3 weeks, you will receive a Receipt Notice from USCIS.

National Visa Center (NVC) Processing

When USCIS receives your application, it will transfer it to the National Visa Center (NVC). Processing time in NVC, including the time your application returns to USCIS, is about 3-5 months.

Interview at the U.S. Embassy or Consulate:

In about one month after receiving the interview letter, you will attend the interview. When a consular officer approves your application, you will get a visa that allows you to enter the U.S.

Green Card Arrival

You will receive the green card within six months after arriving in the United States.

As you can see, from the date when you apply for a green card to its arrival, you will wait somewhere between 11-17 months.

Your spouse lives in the U.S., and you are a green card holder

In this case, you will need to apply through a procedure called “Adjustment of Status. ”

Form I-130 Processing

After a green card holder submits Form I-130 and Form I-130A, USCIS will take about 11-15 months to process it.

Visa number availability

After USCIS approves your Form I-130, the petitioner has to wait until the visa number for the F2A category becomes available to file form I-485.

Form I-485, Adjustment of status processing

You can file Form I-485 for adjustment of status and supporting documents after the visa number becomes available. Processing adjustment of status form takes 9-11 months.

Green Card Interview and Approval

When USCIS finishes processing your form I-485, Application to adjust status, it will send you an appointment notice with the exact time and date to attend the interview. The interview that both of you have to attend usually happens a month after receiving the notice. Don’t forget that before coming to the interview, your spouse must see a USCIS-approved doctor for a medical exam.

Green Card Arrival

You will receive a green by mail within 2–3 weeks.

The entire process, in this case, takes from 29 to 38 months.

Your spouse lives abroad, and you are a U.S. green-card holder

If you are a green card holder and your spouse is outside the United States, then you’ll use an online green card application- Form DS-260, Immigrant Visa Electronic Application. This process used by foreigners living abroad is called ‘Consular Processing.’

Processing of Form I-130

You, as a green card, holder have to file Form I-130 and Form I-130A. It takes about 7-10 months for the USCIS to approve this application.

Visa number becomes available for the F2A category

When USCIS approves your petition, it transfers it to National Visa Center. In this phase, you will usually need to wait until the visa number in the F2A category becomes available. The processing time varies depending on the country of origin.

NVC Processing

Once the visa number is available, your spouse submits documentation for a green card. NVC takes 3-5 months to decide.

Interview at U.S. Embassy or Consulate

After attending the U.S. Embassy or Consulate interview, a foreign national will attend another interview in 1-2 months at a U.S. embassy or consulate in his or her home country.

Green Card Arrival

To physically receive a marriage green card to the U.S. address, the petitioner will need to wait six months upon arrival in the United States.

The conclusion is that the estimated time of this process, in this case, will take a bit longer, and it can go up to 32 months.

Is marriage The Only Way to Get a Green Card?

As a foreign national, there are several other ways through which you can become a U.S. green card holder or permanent resident, besides being married to a U.S. citizen.

There are three different categories of green cards:

• Family-based green cards (for parents, spouses, siblings, and dependent children of U.S. citizens or permanent residents)
• Employment-based green cards.
• Special immigrant green card.

How Can I Get A U.S. Green Card Without Marriage?

Although marriage to a U.S. citizen or a lawful permanent resident is one of the most popular routes to becoming a U.S. permanent resident, foreign nationals are also given a chance to live and work permanently in the U.S. through one of the categories mentioned above.

Employment-Based Green Card

The employment-based green card is designed for foreign nationals who have job offers from a U.S. employer.

Both foreigners who are already in the U.S. or outside the U.S. can file for an employment-based visa if they already work for an employer or if they have received a job offer from a prospective employer.

Four preferences

• EB-1 (first preference)
• EB-2 (second preference)
• EB-3 (third preference)
• EB-4 (fourth preference)

Investment-Based Green Card

EB-5 Investor green card is intended for foreign entrepreneurs willing to invest at least $1 million or $500,000 in an approved EB-5 business.

It has to provide or preserve at least 10 U.S. jobs.

Special Immigrants Green Card

Eligible

• Religious worker
• International broadcaster
• Special immigrant juvenile
• Afghan or Iraqi national who has served for the U.S. government as a translator, or an Iraqi who the U.S. government employs on or after March 20, 2003, or an Afghan who has been employed by ISAF
• An employee (or family member) of an international organization; a member of NATO-6

Other Categories

You are also eligible for a green card if you:

• Have lived in the U.S. as an asylee or refugee for the past year
• Currently have either a T or U nonimmigrant visa.

Diversity Immigrant Visa

The diversity program has up to 55,000 immigrant visas. This number is available annually for foreign nationals whose countries have low rates of U.S. permanent residency applications.

This lottery mostly depends on luck, which limits your chances of being chosen. If you win and have the education and job qualifications for the program, you will need to undergo a series of processes that may take years before you can eventually become a permanent resident.

Undocumented Spouse

If an immigrant didn’t pass the inspection by a Customs and Border Protection CBP agent at the port of entry with a legally valid visa, you will need to learn how to help them to get a green card. We discussed this in a separate article that you can find here.

Do I Need a Lawyer?

Immigrating to the U.S. is a worthy but complicated process. Some tasks can make the process takes even longer if not done correctly, such as fulfilling the documents (I-130 Petition for Alien Relative, I-485 application to register or for adjustment of status, ds-260 online application, etc.) and procedures (concurrent filing, medical examination, getting a conditional green card, consular processing, etc.).

Hiring an immigration attorney is the best option, especially if this is your first time communicating in such was with officials.

How Our Immigration Attorneys Can Help?

Richard Herman and immigration attorneys at Herman Legal Group have extensive experience with many successful stories of helping foreign nationals continue their lives together in the United States with their families.

Book online consultation with your immigration lawyer via one of the online platforms: Skype, WhatsApp, or ZOOM if you are overseas. Or, you can call for telephone consultation at +1-216-696-6170. Also, on our site, you can find an online form where you can request your consultation with us.

We will be happy to discuss with you how to get a marriage green card for you or your spouse, provide you the right legal advice, and choose the best and the most proactive strategy.

DACA Green Card Through Marriage

Who Are Daca Recipients?

The DACA recipients are young people who have grown up as Americans and identify themselves as Americans. Also, many of them speak only English and have no memory of or any connection with their country of origin.

Under current immigration law, there are no options for most of these young people to gain U.S. residency even though they have lived here most of their lives.

Many recipients of DACA (also called “DREAMers“) say they didn’t know they were unauthorized immigrants (without regulated immigration status) until they were teenagers and found out they didn’t have Social Security numbers they needed to fill out the documentation for college.

What is INA 245(a)?

As a DACA recipient, you have probably heard about INA 245(a), legislation that enables you to go from DACA status to applying for a green card.

Generally, if you have lived in the U.S. unlawfully without a valid visa, you must spend a prescribed period outside of the U.S. or in the country of origin before you can re-enter lawfully and apply for immigrant visas.

But, under the INA 245(a), Immigration and Nationality Act, having lawful entry into the U.S. as a DACA can waive the period you would initially be barred from entering.

DACA Program (Deferred Action for Childhood Arrivals)

The DREAM Act is supposed to provide the opportunity for undocumented young people who go to college and/or serve in the military while maintaining a good record to get legal status.

DACA program (Deferred Action for Childhood Arrivals) enables certain people who entered the U.S. as children and met specific requirements to request consideration for deferred action and remain in the country for two years, subject to renewal. It protected them from gaining “unlawful presence.” If you received DACA application approval before turning 18, you may not have enough days of unlawful presence to trigger either bar, but you may have accumulated at least one year of unlawful presence in the U.S.

If you spent more than 180 days without a travel permit or Advance Parole between turning 18 and applying for DACA, you would need to leave the United States to apply for a green card at a U.S. embassy or consulate. Also, you will be subject to a ban from re-entering the United States for up to 10 years.

Even though you can get these documents through the DACA program, it still has its challenges such as financial services so obtaining green cards would make their life much easier and more comfortable.

If you have entered the U.S. unlawfully more than once, the bar will apply to you permanently for entering the United States. Unfortunately, in this case, you can not apply for a waiver to undo this permanent bar.

Can DACA recipients get a green card through marriage with a U.S. citizen?

If you have DACA status and want to marry a U.S. citizen, you may be wondering whether you may be eligible.

The answer is yes, but there are still specific requirements to meet.

If you were married to a U.S. citizen and had unlawful entry to the U.S., you must also obtain a “Provisional Unlawful Presence Waiver ” (Form I-601A) to leave and re-enter the United States without this years-long delay. I, you will have to prove to the U.S. government that your spouse would suffer from extreme hardship.

But, if you are married to who has a permanent resident status (a green card holder), you won’t be able to apply for a green card from inside the United States — even if your parents and you had valid visas when you first entered the United States, and even if you have a travel permit (Advance Parole).

Who is Eligible for a Green Card?

Legal Marriage

Your marriage must be legal and made in good faith. The USCIS officials will scrutinize your evidence to check whether your marriage is real or only entered for immigration purposes.

Adjustment of Status

You must be able to adjust your status while staying within the U.S: this process is available only to foreign nationals who have lawfully entered the U.S.; you can use the consular processing system in your home country and apply at the U.S. embassy or consulate, but you should not leave the U.S. because you may not be able to return.

Inadmisabilibty

To adjust your status, you cannot be inadmissible to the U.S. on the common grounds of inadmissibility, including criminal convictions or unlawful presence in the U.S.

How long does it take in 2021?

Every year, thousands of couples get married to foreigners who start their journey toward U.S. citizenship. For some of them, it’s the beginning of a new life in the United States, but for others, such as recipients of DACA, it is a continuation of their path to get a marriage-based green card.

The entire process end-to-end can vary widely due to people’s different situations. However, it should take between 8-12 months once USCIS has everything it needs.

Visa Availability

The good news is there is no limit on the number of available visas for immigrants who are married U.S. citizens. Therefore, it is immediately available for you.

The green card will grant you the right to live and work in the United States on a more permanent basis.

So, learn how you can transition from a DACA application to a green card after marriage to a U.S. citizen.

The transition from DACA to Green Card

If you fell in love with a U.S. Citizen and you decide to get married, you can use the option and file your application.

As a U.S. spouse, you are an immediate relative, making you eligible to apply for immigration. There are two ways to apply for a green card through marriage.

Steps to go from Daca to a marriage-based green card through consular processing

Eligibility requirements

Being married to a U.S. citizen automatically makes you eligible. You just need a valid proof of your marriage.

Get an I-130 petition approved

File an I-130 petition with the U.S. Citizenship and Immigration Services USCIS. Once it is approved, you will receive an I-797 Notice of Action in the mail.

Get your visa number from the NVC.

The National Visa Center will notify you when there is a visa number for your I-797. There is no limit to the number of visas for petitions based on immediate relatives (a U.S. citizen spouse).

Apply for an immigrant visa

The NVC will notify you when to submit your immigrant visa application, supporting documentation, and processing fees paid to the government agency.

Now it’s time to file a Form DS-260. Also, your spouse may be required to submit a form I-864 (Affidavit of Support). With this affidavit, foreign national promises to support you if you cannot do so yourself.

Attend consular processing

Upon receiving your application package, the consular office will schedule a meeting with you (the beneficiary).

At this meeting, you can expect they will decide the outcome of your application.

Enter the United States

When you receive your Visa Packet, you may use it to cross the border. Since this is a lawful entry, you will enter the country as a lawful permanent resident and receive your green card by mail to your registered U.S. address.

The process can take up to 12 months to get a successful outcome, so be patient.

How an Immigration Attorney Can Help?

Richard Herman is a U.S. immigration attorney with extensive experience with many successful stories of helping foreign nationals to be in the United States with their families.

If you entered the United States unlawfully and would like us to help you on this pathway, you can book your online consultation with your immigration attorney. To contact our law firm use one of the online platforms you prefer: Skype, WhatsApp, or ZOOM if you are overseas. Or, you can call us for a telephone consultation at +1-216-696-6170.

We will be happy to discuss with you how to get a marriage green card for you or your spouse, provide you with the right legal advice, and choose the best and the most proactive strategy.

How Much Does It Cost to Get a Green Card Through Marriage?

Are you about to apply for a marriage green? If so, you’ve probably heard that the green card process can be expensive.

But first, we would like to congratulate you on your marriage! This is a huge step, and we ensure you that you are at the right place to look for the information you need about applying for a green card through marriage so you can continue realizing your life plans.

Here, we will discuss costs for applying for a marriage-based green card that primarily includes application fees, attorney fees, a medical exam fee, and more.

If, after reading, you feel that you have many other questions that are not answered here, or you couldn’t find more about it on our blog, be free to contact us at any time. We support our clients in all phases of the green card application process.

Green Card- Short Overview

In the U.S., there are two categories of visas for foreign nationals: immigrant and nonimmigrant visas. An immigrant visa is for foreigners who intend to live permanently in the United States, and nonimmigrant visas are for those who intend to enter the United States temporarily.

A green card through marriage allows a U.S. citizen spouse to live and work in the United States. Having a green card or a Permanent Resident Card will ensure your spouse “a lawful permanent resident” status until they decide to apply for U.S. citizenship, which they can do after three years.

Are You Eligible for A Green Card?

The first thing to check is whether you are genuinely eligible to go this procedural route. Being physically in the U.S. and technically eligible for permanent residence is not necessarily enough.

If you are a spouse of a U.S. citizen, you can apply for a green card as an “immediate relative.” If you are currently in the U.S., to be eligible for a Green Card as an immediate relative, you have to meet the following requirements:

Inspected and Admitted or Inspected and Paroled

To be eligible to adjust status, you have to be physically present in the United States. Also, you have to be “inspected and admitted” or “inspected and paroled” by U.S. government officials when entered the state. There are some exceptions to this requirement that you can find more about in USCIS Policy Manual.

Eligibility to Receive an Immigrant Visa

We already mentioned that to be eligible, you have to be inspected and admitted, or inspected and paroled into the U.S. to receive an immigrant visa and be physically present in the United States. Besides, your presence is required at the time you file your Form I-485 (Application to Register Permanent Residence or Adjust Status)

At the time you file your Form I-485, an immigrant visa is immediately available to you.

Bars to Adjustment

There are cases when an immigrant may be barred from adjusting status. It depends on how the immigrant entered the United States or committed a particular act or violation of immigration law.

If one or more bars to adjustment listed in section 245(c) apply to you, you cannot apply for permanent residence or adjust status. More about this you can see in the Manual we mentioned above, as well.

Applying Under INA 245(i)

You may be able to adjust status under INA section 245(i) even if you are subject to one or more adjustment bars and are therefore ineligible for adjustment of status under INA section 245(a). See the separate Instructions for Form I-485 Supplement A, Adjustment of Status Under Section 245(i) (PDF, 559.26 KB) for more information.

Grounds of Inadmissibility

To get a Green Card, you must be admissible to the United States. Reasons for inadmissibility are listed in INA 212(a) and are called grounds for inadmissibility.

As the immediate relative of a U.S. citizen, some of the listed grounds will appeal to you.

If you are inadmissible, you may apply for a waiver or other forms of relief. USCIS may approve your green card application if a waiver or other form of relief is granted, and you are otherwise eligible.

Marriage Green Card Cost

According to the phases of the process and costs you need to have in mind, we divided green cards expenses into the following categories:

• Government Filing Fees
• Attorney’s Fees
• Adjustment of Status Medical Exam Fee
• Postage to Mail Adjustment of Status Application to USCIS
• Immigration Photos
• Costs of Travel

You can also calculate required fees using the USCIS calculator.

Government Application Fees for Adjustment of Status

Before U.S. Citizenship and Immigration Services (USCIS) will let you apply for a green card, your sponsor, in this case, your spouse, will have to file an immigrant petition, the form I-130 Petition for Alien Relative, to classify you as potentially eligible.

The filing fee for Form I-130, Petition for Alien Relative is $535.

The applicant also has to pay the filing fee for an adjustment of the status application which is $1,140.

Also, there is a fee for USCIS to take “biometrics” (fingerprints and so forth). Currently, this fee is $85.

Adjustment of Status Medical Exam Fee

A medical examination is required for all immigrant and some nonimmigrant visa seekers and adjustment of status applicants. The purpose of providing the medical exam is to determine if an immigrant has a medical condition(s) that can pose a risk to public health in the United States.

This means that the applicant has to submit a Report of Medical Examination and Vaccination Record (Form I-693). Besides, it is good to bring medical history, records of vaccinations, or any prior conducted chest X-rays (if any), and a letter from your doctor discussing any health problems or treatment for an ongoing problem.

Your medical exam should show that no health-related grounds of inadmissibility will prevent you from green-card approval.

There is a limited number of approved physicians to choose from, so the fee for the medical exam report varies by doctor. The costs are between $75 and $350 for the basic exam and filing out Form I-693. There can be additional costs if any vaccination is needed.

You don’t have to do the exam before you get the date for the interview, since if too much time pass (over one year), the examination is invalid, and you would have to pay again.

Translation

Within your application package, you will need to include some documents that can be in other language than Enlish. This is usually case with documents you prove your nationality, such as a birth certificate or a passport.

If you intend to submit within your green card application package any documents in a foreign language, you have to include a translation of each document. This translation needs to be certified as accurate by the translator.

W cannot exactly tell how much you will pay for these services fee, but for example, for a certified translation of a birth certificate or a passport you will probably pay between $20 and $40.

Attorney’s Fees to Assist With Adjustment of Status Application

Hiring an attorney is not obligatory in this process. You can handle it on your own. Still, it’s highly advisable to have an immigration attorney by your side in each phase of the process. An immigration lawyer will go through your case and provide you with an in-depth analysis and define the best strategy to implement.

Also, your attorney will do necessary paperwork that can be overwhelmed and ensure you haven’t missed providing any important evidence and filed all applications properly. If needed, the attorney can accompany you to the green card interview at USCIS facilities since marriage-based applications require an in-person interview.

The costs for an immigration attorney vary but usually depend on the complexity of the case and any particular complications (post criminal conviction), which the attorney must additionally analyze and help you prepare to deal with it, whether you’d like the attorney to accompany you to the USCIS interview, etc.

Although it can seem that the process is already expensive enough and that an attorney is just an extra cost that you can avoid, bear in mind that if anything unexpected comes up during the application process, the costs will go up. Also, it will take more time to deal with these changes, but a good lawyer could have prevented it.

Sending the Application to USCIS

After you collected all the forms and supporting documents of your green card application and made sure you filled it correctly, make sure to put it in order neatly. It would be safest to send the application package to United States Citizenship and Immigration Services (USCIS) by certified mail or courier service to avoid loss. You’ll likely pay at least $10 for mailing.

Immigration Photos

The immigrant, and sometimes the U.S. petitioner, will need to submit photos with the applications. These costs will vary depending on the number of applications, but it will be around $15 per set.

Costs of Travel and Parking Near USCIS Offices

Travel costs are related to attending biometrics appointments and a green card interview at a USCIS office. Both the petitioner and the sponsor have to attend it, so your transport costs will depend on how you will get there and if you need to spend the night if it’s too far from your home.

Most USCIS offices are in big cities, so keep in mind that the parking can be expensive.

Marriage Green Card Cost for Spouses Living Abroad

There are two different methods of applying for a marriage green card: the ‘Adjustment of Status’ procedure and the ‘consular processing’ method.

In case that you are not in the United States, you will take the route through consular processing, the only method available to people who are not physically present in the United States.

First, you need to file Form I-130 which costs the same as for spouses in the U.S. After the National Visa Center NVC approves the petition, you will receive the notice stating that a visa is available.

This is the time for you to may apply your application at a U.S. Department of State consulate abroad for an immigrant visa in order to come to the United States and be admitted as a permanent resident.

The consular processing doesn’t require the applicant to submit Form I-485, but after the approval of Form I-130, you have to submit the Form DS-260, Immigration Visa Application. The filing fee for DS-260 is $325.

Your sponsor will have to submit the Form I-864, or Affidavit of Support to ensure that he or she will be able to financially support you in the U.S. if the sponsored immigrant files this form with USCIS or abroad with the Department of State (DOS) there is no filing fee to pay, but if you file it in the U.S. it costs $120.

How long does it take to get a marriage green card?

We know that you would like to know the exact time span of the process of getting the green card, but the truth is there is no specific time frame. Each case is different, meaning that the processing time will depend on various circumstances (where the marriage took place, provided evidence provided, etc.).

However, we can say the expected time ranges between 10 to 38 months.

One good thing about a marriage-based green card is that there is no cap on the number of available visas per year.

Immigrant Spouses Married to U.S. Citizens

The time frame is 10 to 17 months, but it’ll be shorter if the spouse lives in the U.S.

Immigrant Spouses Married to a U.S. Green Card Holder (Permanent Resident)

For the spouse living in the U.S. as a permanent resident, the expected time is 29-38 months. But, if the spouse is outside of the United States, it’ll be issued within 23-32 months.

Marriage Green Card Timeline

Now, let’s look at the time frame for each phase of the process.

As stated above, there are two types of processing:

1. Consular processing
2. Concurrent filing

Consular Processing

As earlier mentioned, this process is for spouses living abroad, and it involves three steps:

Filing Form I-130 (7-10 months)

To establish the validity of the marriage, a U.S. citizen or a permanent resident has to submit this application. The USCIS will take between seven to 10 months to approve it.

Green Card Application (3-5 months)

When the USCIS forwards your approved immigrant petition to the National Visa Center (NVC), NVC officials will take about three to five months to gather relevant forms and required documents and then forward them to the relevant embassy or consulate. Being asked to file an Affidavit of Support (Form I-864) and Form DS-260, an online immigrant visa application can add up to two months.

Marriage Interview and Approval (1-2 months)

When the U.S. consulate or embassy receives your documents, you will get a date to come to the green card interview. But before attending the interview, you have to get a medical examination, lodged an address where your passport will be delivered, and scheduled a fingerprinting appointment.

The approval will take up two months.

Concurrent Filing With the USCIS

When a spouse is living in the U.S., the entire process is faster because you only have to prove the legitimacy of the marriage.

File Form I-485,(1 month)

To change your K-1 visa to conditional resident status, you will have to file the forms and supporting documents we mentioned above:

• Form I-129
• I-130, Petition for Alien Relative
• Form I-130A
• Form I-485, Application to Register Permanent Residence
• Form-I765 Application for Employment Authorization
• Form I-864, (or Affidavit of Support, ensuring that the U.S. spouse will be able to financially support his/her spouse in the U.S.)
• Form I-693

When U.S. Citizenship and Immigration Services (USCIS) receives your application package, you will wait at least one month.

Interview and Approval (10-13 months)

The last step is attending the green card interview after you get the approval of your package. Upon providing firm answers to the USCIS officers and all supporting documents (birth certificate, marriage certificate, sponsoring spouse’ passport, a U.S. passport of the sponsor, etc), you can expect that it will take at least 10 to 13 months to receive a marriage-based green card.

To conclude: Arm yourself with patience. Although the process can take a long time, and you can go through it yourself, hiring a lawyer from the beginning can be a good idea. Having an attorney to advise you and take concrete actions at the right time and in unpredicted events can speed up the process, prevent you from making some common mistakes, and prolong the time to obtain a green card.

If you get a conditional residence status, you will have to obtain approval on Form I-751 Petition to Remove Conditions. It costs $595 along with the $85 biometrics fee. The processing time is usually 12 to 18 months.

At Herman Legal Group law firm, we practice an individual approach to our clients, meaning that we are aware that each situation is different and make the strategy accordingly.

If any questions have arisen about the green card process or are sure that we can work together on your application, contact us with no delay! Richard Herman has over 20 years of experience in an immigration matter, so you can book a consultation by calling us at +1-216-696-6170 or use an online form to request legal consultation on our site.

Green Card Renewal Processing Time

Tthe topic we will introduce in this article will cover the most relevant information related to processing times of a Form I-90, an application used to renew or replace a Permanent Resident Card (known as Green Card).

You need this handy plastic card to prove your lawful permanent resident status. When you want to renew your card, you should consider how long it takes to process it.

For example, you plan to travel abroad and want to secure your homecoming, or you have a hospital appointment in few months, and you want all the formalities to go smoothly.

This article will explain what you should know about Green Card’s processing time to make your other arrangements accordingly.

Green Card Renewal Application

If you are a lawful permanent resident (LPR), you need a Permanent Resident Card (known as a Green Card) to prove your work and residence authorization in the U.S.

It is good to know to which institution you need to go to handle your official business matters. In the case of Green Card and administrative actions connected to immigration cases, it is the designated agency of the Department of Homeland Security, named the U.S. Citizenship and Immigration Services (USCIS). As a rule, there is one specific application designed to renew or replace Green Cards – Form I-90, Application to Replace Permanent Resident Card.

You can start the renewal process by applying online or by mail.

Note: U.S. law obliges you to carry a valid Green Card with you at all times, so when your Green Card expires, you must initiate the renewal process.

Renew Your Green Card

To renew or replace a permanent resident card, you must use Form I-90, Application to Replace Permanent Resident Card. It is a U.S. Citizenship and Immigration Services form, that allows applicants to obtain, replace or renew a Green Card. In other words, to file a Green Card Renewal application, you need to submit this form. You may download the application and instructions directly from the USCIS website. You can submit it online or by mail.

An Application to Replace Permanent Resident Card, Form I-90, is a form that allows applicants to obtain, replace or renew a Green Card. However, you must remember that it depends on your Green Card’s expiration date. If you were issued a conditional Green Card (which is only valid for two years), you need to remove conditions by filling form other than Form I-90.

How long does it take to renew a Green Card?

To renew or replace a Green Card, you need to file Form I-90 correctly. USCIS will initially reply by mailing you a receipt notice that confirms receipt of your request.

Formally known as Form I-797C, Notice of Action, the receipt notice typically arrives 3 to 5 weeks after filing. It should contain a unique receipt number that you can later use to track your USCIS case. Processing times vary accordingly to the application service center and its caseload.

Relevant Processing Times

Biometrics Appointment Notice

After you file your application, petition, or request, USCIS will schedule your biometric services appointment at a local Application Support Center (ASC). It usually takes 4 to 6 Weeks from Filing Date. It will contain the date, time, and location of your biometrics appointment.

Biometrics Appointment Date

It usually takes 6 to 8 Weeks from Filing Date. It should be scheduled approximately 3 weeks after receiving the biometrics appointment notice. It will also include guidelines as to what you need to bring to the biometrics appointment.

Issuance of the New Green Card

After the biometrics appointment, USCIS will proceed with your green card renewal application. It usually takes 6 Months to 10 Months from Filing Date. After this, you should receive your new Green Card.

USCIS may sometimes expedite your Green Card renewal case. For more details contact our law firm.

It is necessary to know that USCIS service centers processing each type of a Green Card form are subject to change, depending on USCIS service centers’ workload. You can find more information on the USCIS website or contact our law firm for more details.

Current Processing Times

Green Card renewal processing time after filing Form I-90 will vary on the USCIS caseload, the service center location, or other situations. You can check actual processing times directly with USCIS. When choosing USCIS Service Center, time designation will appear.

The time range of the application process depends on how long it takes USCIS to process your case from the date they received it.

You may be surprised that some Service Centers have a wide time range, but remember that it all depends on the scheduling of your biometric appointment, the relevancy of supporting documents and if any background check is necessary.

Applications to renew your Green Card prepared without the required documents can result in processing times that are much longer. It is always a good idea to get a help of a law firm like ours, which specializes in immigration services.

Filing Form I-90 for your expired Green Card

• Initial issuance or application to replace the Permanent Residence Card may take from 7 to 15 months.
• 10-year renewal form may take from 3 – 12 months.

A unique receipt number that you receive at the beginning helps you to track your USCIS case.

How much does it cost?

The current renewal cost of your already expired Green Card is $540, which includes a $455 filing fee and an $85 biometrics fee (for your photo, fingerprint, and signature).

In some situations, you may be exempt from paying one or both fees if:

• USCIS already issued your Green Card, but it never arrived.
• Your Green Card contains errors made by the Department of Homeland Security.
• You qualify for a fee waiver.

For more details contact our law firm. We will assess your eligibility for a filing fee exemption and help you with the possibility of reducing your Green Card Processing Time.

Marrying a Non-US Citizen: Visa, Green Card & Legal Process Explained

How Do You Replace a Lost or Stolen Green Card?

Green Card serves as proof of your permanent resident status. By the main rule, as stated in Section 264 of the Immigration and Nationality Act (INA), lawful permanent residents must carry their alien registration receipt card at all times. For this reason, you have to make sure you have a binding document, so it can be treated as evidence of your status.

Whenever your Green Card (Permanent Resident Card) is lost or stolen or damaged you must replace it. Phrasing Replacing Green Card has a larger meaning than Renewal. We talk about replacing a lost, stolen, or expired Green Card, while Renewal refers to exchanging an expired card for a new one.

To request a new card, you should submit documentation with U.S. Citizenship Immigration and Services (USCIS) – a government agency that takes care of immigration-related services. In the following article, we will show you how to move forward with this application.

How to replace a Green Card?

General info

You must replace your Green Card first by filing Form I-90, Application to Replace Permanent Resident Card. You can do it either online or by mail (post). When you decide to submit a motion online, you may be able to track the case, which includes seeing when your application is delivered, receiving online updates of your case, and even the possibility to contact the government directly.

Remember, you must replace your card also when you are a commuter and are now taking up actual residence in the United States, OR a permanent resident residing in the United States and now want to take up the commuter status; OR when your card contains incorrect information OR your biographic information has changed (e.g., you legally changed your name).

Form I-90

Your Form I-90 receipt notice will state that it provides evidence of your lawful permanent resident status for 12 months from the expiration date on your Form I-551, Permanent Resident Card, (also known as a Green Card). It will also confirm that you remain authorized to work and travel during this time. Once you present it with your expired Green Card, your Form I-551 can be used as evidence of your lawful permanent resident status.

Next steps

• Within 1–2 weeks after USCIS receives your application, you should receive another notification letting you know the date and location of your biometrics appointment;
• Remember to always respond to U.S. Citizenship and Immigration Services to any notice of action promptly. You can do it online or by mail;
• If USCIS approves your application, you will receive your new Green Card by mail.

My Green Card is lost, what do I do?

First, you need to know that there is a difference in procedures involved, depending on whenever you lost your card on U.S. territory or outside of the U.S. Therefore, we have divided the answer to how to replace your Green Card into two passages.

Losing a Green Card in the U.S.

If your Green Card is lost and it happened in the U.S., the process to replace your Green Card in this situation is quite simple. To do this, you also need to file Form I-90, Application to Replace Permanent Resident Card. You can file Form I-90 online or by mail.

Documentation required usually involves a photocopy of your original Green Card, a copy of another form of government-issued identification such as a driver’s license, or other evidence of your status and personal information.

Whether you have to travel abroad, and there is no way to postpone it, you have to call United States Citizenship and Immigration Services (USCIS) by using 1-800-375-5283 (TTY 800-767-1833) and request an I-551 stamp on your travel document. This stamp serves as proof of your permanent resident status and is valid for one year.

Calling USCIS

When calling USCIS, you should be prepared to provide USCIS with specific information regarding your application, such as your name, date of birth, receipt number, and Alien Number. When your Green Card is lost, and you don’t remember the number, please see our article on where else to find an Alien Registration Number.

Losing a Green Card outside the United States

In the event, your Green Card was lost, stolen abroad, and you are returning to the United States after an absence of less than one year, you may submit an application for a Boarding Foil – formerly known as transportation letter – via form I-131 A. This document is valid for 30 days or less, for a single entry. This document authorizes a transportation line to carry you to the United States without any penalty and proves your permanent residence status for this time. To issue a Boarding Foil, the officer at U.S. Embassy or Consulate interviews you to confirm that you hold a Lawful Permanent Resident status in the United States. There is a filing fee of $575. For current info on the filing fee visit the USCIS website.

Always remember to notify the police department in the jurisdiction in which your card was stolen to obtain a police report. You need to attach this report when filing documentation.

Great to know:

If you happen to be outside the United States when your card has expired, but it had a 10-year validity period, you do not need a Boarding Foil. The airline may board you with the expired card, provided you meet all their other conditions for travel. For more information, visit the USCIS website, call automated USCIS service at 1-800 375 5283, or contact our law firm.

Conditional Resident with an expired card (with a two-year validity) may be boarded if also in possession of a Notice of Action (Form I-797). The Notice of Action extends the validity of the card for a specified length of time (typically for one year).

Older Green Cards

If your Green Card was issued between 1979 and August 1989, it doesn’t have an expiration date, so you do not have to renew or replace them unless you use the Global Entry program (in this case, you need to get a new Green Card).

Global Entry is a government agency program that allows quickened clearance for pre-approved, low-risk travelers upon their arrival in the United States. If you are a member of this program, you can use an automated process available at selected airports.

Some Green Cards are no longer valid

If you have one of the previous versions of the Green Card (for example, USCIS Form AR-3, Form AR-103, or Form I-151), you must remember to file a request for a new one, as you need it for proving your permanent residence status.

What are the fees for replacing lost or stolen Green Card?

The standard green card replacement filing fee is $455, plus $85 for the one with biometric services for a total of $540. Some applicants do not have to pay or must pay only the biometrics fee. For more details, please see our other articles related to Green Card questions.

How long does it take to replace a Green Card?

Replacement of your lost or stolen Green Card may take 6-10 months. However, processing times change regularly. Please visit the USCIS website for the latest wait-time estimate. The process to replace a lost card also depends on how well you plan the entire undertaking and apply for a replacement before your card expires. The procedure involves gathering documentation and preparing it well in advance.

For better organization, you can use the legal advice of a professional law firm, which will communicate with the government for you, prepare the necessary documentation for the application, help you pay filing fees, and file it in whichever way is more suitable for you.

We recommend seeking the help of an immigration law firm especially, if USCIS denies your green card replacement application.

Replace your Green Card for other reasons

If you need to replace your Green Card for other reasons than lost, stolen, or damaged, for example, if your Green Card Replacement is correlated to an expiration date, you may want to see our Renew your Green Card article.

A Guide On How To Renew Your Green Card

If you are on this page, you most probably know that officially referred to as the “I-551 Permanent Resident Card”, your Green Card serves as proof of your permanent residence status in the U.S. As a rule, you need to renew your Green Card every 10 years. There are however circumstances when you have to replace your card.

The following article will help you figure out the difference. We will make sense of the procedures: how to file online or by mail, what to do if your Green Card expired or will expire within the next six months. We will also cover Green Card renewal in terms of what kind of documents you will need, how long will the process take, how much does it cost, and more.

When do I need to get a new card?

Most of the time you must renew your Permanent Resident Card every 10 years. There can be an exception when the card expires if you get a conditional Green Card. In this case, your card is good to go only for two years. To remove the conditions on your permanent resident status, you must initiate this process within the 90-day period before your Green Card expiration date.

There are also rules when to file an application to replace Permanent Resident Card.

If you are a lawful permanent resident, you have to replace your Green Card if:

• Your card was lost, stolen, mutilated, or destroyed
• Replace the Permanent Resident Card if it contains incorrect information
• Yo changed your name or other biographic information
• You became a permanent resident before you turned 14 years old, you are required to file for a new card when you become 14 years old
• Green Card expired or will expire within the next six months;
• Permanent Residents changing their status from residing to commuter status and reverse;
• Your status has been automatically converted to permanent resident status (e.g. in the case of special agricultural workers)
• You have a previous version of the alien registration card, which are no longer valid and must be replaced with a current Green Card;
• You never received the previous card issued

Notice that any card that prooves status of lawful permanent residents is called alien registration card, be it green card or a permanent visa.

Why do I need a current Green Card?

Make sure you keep your card up-to-date. When your card expires, you may have difficulties proving that you are a permanent resident. This could also affect your ability to travel or to prove that you are eligible to work in the United States.

You don’t lose your permanent resident status, but you might get into trouble if USCIS discovers that you have violated the law requiring you to carry a valid card with you.

What should I do with my expired Green Card?

For permanent residents that want to replace a Green Card with a brand new one, you should begin with filing “Form I-90 – Application to Replace Permanent Resident Card“. You can file online via USCIS’s official website or by paper (via mail).

At this point, after achieving this immigration status, you are probably familiar with the USCIS – a government agency that deals with immigration services. An application to renew your Green Card has to also be filed to this institution.

It is a good idea to establish a USCIS online account, no matter by which route you decide to submit an official government form. This account may help you to check and track your case status.

For filling online:

1. Create a USCIS online account
2. Submit evidence and supporting documents
3. Pay filing fee
4. You will get a receipt notice
5. Receive case status updates about your case
6. Respond to requests when you get this notice
7. Wait for your new Green Card

For filing by paper:

1. Download I-90 form
2. Fill it in electronically
3. Print it
4. Sign it (in ink)
5. Attach evidence and supporting documents
6. Mail your application
7. Wait for your new Green Card

Note: You cannot file Form I-90 online, if you are applying for a fee waiver. If you feel uncertain about your eligibility, you can always reach out to professional immigration services like us.

Filing online vs. filing by paper

To add a dash of otherwise necessary dramaturgy, you should know that the Department of Homeland Security’s Office of Inspector General (DHS OIG) in its November 2016 report concluded that over the past three years, USCIS issued at least 19,000 green cards with incorrect information, or were issued as a duplicate. In most cases, this involved forms submitted through the online system.

Over the same three-year period, USCIS received over 200,000 notifications from approved applicants concerning missing green cards, partly as a result of cards being sent to wrong addresses.

Writing this, we prepared you a quick matrix, which shows the differences between filing official government forms by paper and online submission. It may help you to determine, which option you feel comfortable with.

Good news: Even if you filed your application by paper, you can still create your USCIS online account to receive updates.

For more convenience, we recommend having a USCIS account with the government official website. You can check the status not only when you replace your Green Card, but also for other official government proceedings, like those related to: U.S. Citizenship, Alien Registration Number, or other lawful permanent resident status processes.

What do I Need to Renew My Green Card?

The application is filed through one of the agencies of the Department of Homeland Security – USCIS. In most cases, you need only to provide a copy of your expired green card as proof that you qualify for renewal.

If you need to replace your green card for a different reason — for example, if it was lost, stolen, or damaged — you’ll need to provide other documentation. With your lawful permanent resident status, you can renew or replace your expired Green Card either online or by submitting an application online. Required evidence depends for example on Application Type.

IMPORTANT: If you want to file online, always remember to share sensitive information only on official government, secure websites.

You must read the instructions attached, as they would tell you if either you need to provide proof of your U.S. address and what types of documents will work as evidence for your application. In Question 1, you need to check a box stating whether you either are a lawful permanent resident, a permanent resident in commuter status (you live near the U.S. border in either Canada or Mexico and have a special green card that allows you to travel back and forth), or a conditional resident (in this case you will need to check a specific list to determine if you use this form to deal with the expiration of your card).

Rule of thumb: The categories you choose in your I-90 application to replace or renew your Green Card, will determine what documents you need to include as evidence, which documents are described in USCIS’s instructions.

We can help you choose which supporting documents to submit with your specific Form I-90 application.

How much does it cost to renew my Green Card in 2021?

The cost of your green card renewal varies

From $85 for applications you submit, where you have reached your 14th birthday, and your existing card will expire after your 16th birthday,

To $540 with a full form filing fee and biometric services fee. Basically, the total cost to renew or replace your Green Card depends on the Reason for Application, Form Fee, ad if the Biometric Services are required.

The Filing of Form I-90 cost is $455, however, a biometric services fee of $85 may also be required. If you wish to file your Form I-90 by paper, you may pay with a money order, personal check, cashier’s check, or by credit card, using the designated form. If you pay by check, you must make your check payable to the U.S. Department of Homeland Security.

When you send a payment, you agree to pay for government service. Filing and biometric service fees are not subject to refund, regardless of any action USCIS takes on your application or if you withdraw your request. Exceptions to this rule are as follows: when you are filing Form I-90 because you never received your new Green Card, (no fee as long as USCIS mailed the card more than 30 days ago), it was returned to USC as undeliverable, you haven’t moved from the address you provided in your file.

Tip: Use fees calculator from USCIS official website to determine total amount, or contact us.

How long does it take for Permanent Resident Card Renewal?

After USCIS receives your Form I-90 with all required evidence, you will get a confirming receipt notice, biometric services notice (if applicable), notice to appear for an interview, if needed, and finally notice of USCIS decision.

At the moment, the green card renewal timeline for lawful permanent residents is approximately 10 to 12 months. Please keep in mind, that poorly prepared applications or ones that contain incorrect information can result in longer processing times. In such cases, it is an especially good idea to hire a law firm that will deal with the Department of Homeland Security or any other government body.

Good news:

Even if your Green Card Renewal takes ages, you can still get temporary proof of permanent resident status for going outside the United States, employment, and other purposes.

In a separate article, we will take a closer look at a Replacing a Lost, Stolen, or Damaged Green Card.

What Should LPRs Do If They are Asked to Relinquish Their Green Cards and Sign Abandonment of LPR Status Form I-407

According to the American Immigration Lawyers Association, an LPR may be requested to surrender their green card when they return to the US. The LPR shouldn’t automatically comply. The LPR doesn’t lose their LPR status just because they spent time abroad. A person keeps his/her LPR status until there is a final removal order.

To obtain the order, the US government must prove that the LPR abandoned his/her LPR status “by clear, unequivocal, and convincing evidence which a higher evidentiary standard than clear and convincing. “Matter of Huang, 19 I&N Dec. 749 (BIA 1988).

People can’t be forced to sign the “abandonment” Form I-407. They must sign the form voluntarily. The American Immigration Lawyers Association states that refusing to sign the form doesn’t create “potential negative ramifications.”

Failure to sign the form nor abandonment is “grounds for detention.” If an LPR doesn’t sign Form I-407, will receive a Notice to Appear (NTA). An immigration judge will then make the decision about the LPR’s status.

A Legal Permanent Resident (LPR) should be prepared to offer evidence showing that they didn’t abandon their LPR status – that they have ties to the United States. The LPR should also be prepared to show that the purpose of their visit abroad was due to reasons that don’t support an abandonment conclusion – such as the need to visit a sick relative or the need to work abroad for their employment.

The LPR should also be prepared to explain why they couldn’t meet the expected return date or that they did meet an expected termination (of time abroad date). Matter of Kane, 15 I&N Dec. 258 (BIA 1975).

The LPR should engage legal counsel to present the arguments for why abandonment did not occur. There are many legal considerations. For example, a skilled immigration lawyer will explain that the burden of showing he/she didn’t abandon his LPR status – based on a preponderance of the evidence.

Preponderance means – more likely than not – more than 51%. See Matter of Y-G-, 20 I&N Dec. 794 (BIA 1994).

The determination of abandonment will be judged based on the “totality of the circumstances.” If USCIS does confiscate an LPR’s green card, the LPR “must be provided with alternative evidence of their LPR status, such as an I-94 and/or passport stamp that says, ‘Evidence of Temporary Residence.’

Additionally, just the signing of Form I-407 alone isn’t conclusive evidence the LPR intended to abandon his/her LPR status. See Matter of Wood, No. A24-653-925 (BIA Jan. 13, 1992), reported in 69 Inter. Rel. 512 (April 27, 1992). This means an LPR who signed Form I-407 can still request that an immigration law judge hear the evidence about the LPR’s abandonment status.

A skilled immigration lawyer will also explain what is a “special immigrant” under the Immigration National Act is and how that affects the abandonment issues. The immigration lawyer will also explain how the abandonment of a residence affects the overall abandonment of the LPR status issue.

AILA Doc. No. 17012960.

For help obtaining a returning resident visa, call Herman Legal Group at +1-216-696-6170 or complete our contact form to speak with us.

What Does Cross-Chargeability Mean?

Cross-Chargeability is the term used for when an applicant charges their visa to the country of birth of a spouse or a parent – instead of their own country.

According to the USCIS, for practical reasons, cross-chargeability is used where the preference quota category is backlogged for one spouse’s country of chargeability but is current for the other spouse’s country of chargeability.

The ability to cross-charge a visa applies:

• When the principal applicant cross-charges to the country of the “derivative” spouse. The derivative spouse may also cross-charge the country of the principal spouse.
• “Derivative children may cross-charge to either parent’s country as necessary.” Be careful though. Parents CANNOT cross-charge to a child’s country.

The aim of cross-charging is to preserve the family unit and permit “family members to immigrate together.”

Eligibility to Use Cross-Charging

To use cross-charging, both applicants (the two spouses or a child and parent) must be eligible to adjust their status. “A derivative using the principal’s country of chargeability may adjust status with the principal or at any time thereafter.”

“When a principal uses the derivative spouse’s country of chargeability, both applicants are considered principal applicants: one for the purpose of conferring immigrant status and the other for the purpose of conferring a more favorable chargeability.” This means, the USCIS officer “should approve both adjustment applications at the same time.”

A few Examples of When Cross-Chargeability is Acceptable

• If the visa application is available for the principal applicant, but not available for the derivative spouse, the derivate spouse’s visa can use/be charged to the principal applicant’s country of chargeability.

• If the visa application is not available for the principal applicant but is available for the derivative spouse, then the principal applicant’s visa can be charged to the derivative spouse’s country of chargeability.

• If the visa is available for the principal applicant and the derivative spouse but is not available for the child, then the derivative child’s visa can be charged to either parent’s country of chargeability.

Processing Requests For Cross-Chargeability

“If a principal applicant is filing along with a derivative spouse or child and a visa appears unavailable at first glance, the officer should check the A-files for possible cross-chargeability eligibility.”

“Often, an applicant will affirmatively request use of cross-chargeability when filing the application. In all cases where cross-chargeability provisions apply, the files should be forwarded to the adjudicating officer with a notation that indicates possible cross-chargeability. The files should be kept together in a family pack.”

To learn if chargeability can improve your eligibility and place you in line for a green card, call Legal Group at +1-216-696-6170 or use our contact form to speak with us.