Marriage-Based Green Card
One of the best ways to obtain a green card in the US is through an immediate relative, such as a spouse. There is never a backlog for visas for this category, and they can be obtained inside or outside the US.
What is a spouse?
The government defines spouse as a lawful husband or wife, which must be established by submitting certain documentation. If the marriage was entered abroad, it must be a legal marriage in the US. Same-sex marriages qualify for green card benefits in the US. Fiancees or couples who have not legally married do not qualify.
Immigration Process Overview
Marriage to a US Citizen is one of the several categories under which an individual qualifies for U.S. residency. In addition, there is also a separate preference category for spouses of green card holders. There is a multi-part process for your foreign national spouse to become a legal immigrant, and the process is different if you are in or outside of the US:
USCIS must first approve the immigrant visa petition (USCIS Form I-130) for your spouse;
If spouse is outside the US: Once approved, the I-130 visa petition will be forwarded to the Department of State's National Visa Center (NVC) by USCIS. The NVC will notify your spouse (the beneficiary of the application) once the visa petition is received will collect fees and documents required for the application, including birth certificate, marriage certificate, police certificates, I-864 Affidavit of Support, and DS-260 application. Once all information is collected and uploaded to the Department of State website, the NVC will review and submit to the US Embassy or Consulate in your spouse’s country and schedule an in person interview. A medical exam is required before the interview, and original documents should be brought to the interview at the Embassy. If approved after the interview, the Embassy will hold your spouse’s passport for stamping of the Immigrant Visa and then return it with a packet of documents that your spouse will present to a CBP officer when entering the US.
If spouse is inside the U.S. you may file the I-130 petition and your spouse may use the Form I-485, Application to Register Permanent Residence or Adjust Status, to Adjust Status to that of a lawful permanent resident within the United States. These applications are filed together in one package, in one filing. Your spouse may also submit an I-765 Application for Employment Authorization Document, and I-131 Application for Travel Document. These documents allow your spouse to work and travel while the green card petition is pending.
Conditional Residence
If you have been married less than two years at the time of the green card application, your spouse will receive Conditional Permanent Residence (CPR) and a green card valid for two years. Ninety-days prior to the expiration of the card, you must both file a joint I-751 Removal of Conditions Application with USCIS to establish that you have a bona fide marriage. More information on that process can be found here.