Citizenship for Military Spouses: A Comprehensive Guide To Obtaining a Green Card
Military spouses of U.S. citizens or permanent residents can apply for a green card by submitting the appropriate forms, along with proof of their relationship and military affiliation. Additionally, certain provisions, such as fee waivers or protection from removal, may apply to military families. Call Scott D. Pollock & Associates at (312) 444-1940 to learn more about the military spouse green card processing time.
Serving in the military can mean traveling the world for many years while deployed. While on duty, you may be lucky enough to find the person that you want to marry. However, it may not be that easy if they’re not a U.S. citizen. If you’re in the military and marrying a non-U.S. citizen, being together always isn’t as simple as saying “I do.”
The following is a guide to help you navigate the military spouse green card process to ensure your spouse is able to gain legal residence in the United States.
What Is a Green Card?
A marriage green card gives the holder permanent residency status in the United States. Once you have a green card, you can indefinitely live and work anywhere in the U.S. You can also apply for U.S. citizenship for a military spouse after 3 to 5 years if you choose.
How Long Does it Take to Obtain a Green Card for a Military Spouse?
From start to finish, the entire process of obtaining a green card for a military spouse can take anywhere from ten months to three years. Here are the basic steps involved, but the process will look different depending on your situation.
- File an immigrant petition: The first step is for U.S. citizenship for military spouses to file an immigrant petition on behalf of their non-citizen spouse. They will need to complete and submit Form I-130, also known as the Petition for Alien Relative.
- Apply for a green card: Once the petition has been approved, you must fill out and submit Form I-485, also known as the Application to Register Permanent Residence or Adjustment of Status.
- Attend a green card interview: After your application has been reviewed and approved, you will be scheduled for an interview at your local U.S. consulate or embassy.
- Get your green card: Once you have completed the interview and all required paperwork has been processed, you will be issued a green card and allowed to live and work in the United States indefinitely.
What Are the Requirements for Obtaining a Marriage Green Card?
There are a few requirements that must be met in order to be eligible for a marriage green card.
You must:
- Be legally married to a U.S. citizen or lawful permanent resident.
- Prove that your marriage is genuine and not just for immigration purposes.
- Meet certain eligibility requirements, such as not having a criminal record or not having violated certain immigration rules.
- Pass a medical exam.
- Have the ability to financially support yourself now and in the future. In the past, a petitioner’s affidavit of support was enough, but now that is harder to verify., You’ll need to document your employment record, education, and personal assets.
The spouse sponsoring the green card must also meet certain requirements:
- The sponsor pledges and has the means to support their spouse by filing an affidavit of support. The sponsor must have a household income that is greater than or equal to 125% of the U.S. poverty level for their household size.
- The sponsoring spouse must live in the United States or prove their intent to return to the United States.
- If they were accused or charged with offenses against minors, they would be disqualified from sponsoring a marriage green card. Also, if they pose a danger to the beneficiary, the USCIS can use discretion to deny the petition.
The Military Spouse Green Card Process When Both Spouses Live in the U.S.
If you are married to a service member, getting a green card begins by filing an I-130 Petition for Alien Relative with the USCIS.
Your U.S. citizen spouse will need to file the I-130 on your behalf because, as a general rule, immigrants cannot sponsor themselves for a green card.
Once the USCIS approves the I-130, they will send it to the National Visa Center (NVC) for processing. The NVC will then send you an instruction packet. Generally, if you’re already in the United States, you may be eligible to get your green card by filing Form I-485.
This instruction packet will tell you what forms you need to fill out and what documents you need to gather. It is very important that you carefully follow the instructions in the packet. If you do not, your case could be delayed or even denied.
Once you have gathered the required documents, you must send them to the NVC. They will review your case, and if everything is in order, they will schedule an interview at the U.S. Embassy or Consulate where you live.
At the interview, a consular officer will ask questions about your marriage and relationship with your spouse. They will also ask you questions to determine if you are eligible for a green card.
If the consular officer determines that you are eligible for a green card, they will issue you a conditional green card. This green card is valid for two years.
Ninety days before your conditional green card expires, you and your spouse will need to file a joint petition to remove the conditions on your green card. Once this petition is approved, you will be issued a permanent green card.
Applying for a Green Card as the Spouse of a Service Member Stationed Abroad
If your spouse is stationed abroad, you will still need to undergo the same process as outlined previously to get a green card. However, a few special rules apply to service members stationed abroad.
First, if your spouse is stationed in a country where the U.S. has an embassy or consulate, you will need to go through the regular process of applying for a green card. This means you will need to file the I-130, gather the required documents, and attend an interview at the U.S. Embassy or Consulate where you live.
But, if your spouse is stationed in a country where the U.S. does not have an embassy or consulate, the process is slightly different. In this case, your spouse must file the I-130 and the required documents with the USCIS Service Center which has jurisdiction over their duty station.
Once the USCIS approves the I-130, they will send it to the NVC for processing. The NVC will then send you an instruction packet. If everything is in order, they will schedule an interview at the U.S. Embassy or Consulate where you live. Then you’ll receive your conditional green card.
Applying for a Green Card as the Fiancé of a U.S. Citizen
If you are engaged to a U.S. citizen, you may be eligible to apply for a green card. To apply, your fiancé must file the I-129F, Petition for Alien Fiancé, with the USCIS.
Once the USCIS approves the I-129F, they will send it to the NVC for processing. The NVC will then send you an instruction packet. The NVC will review your case and, if everything is in order, they will schedule an interview for you at the U.S. Embassy or Consulate where you live.
If the consular officer determines that you are eligible for a green card, they will issue you a conditional green card. You can petition to remove the conditions after two years, in which case you will receive a permanent green card.
Applying for a Green Card as the Widow or Widower of a U.S. Citizen
If your spouse was a U.S. citizen who died in combat before you could file for a green card, you might still be eligible for a green card.
To apply, you can self-petition as an immediate relative on Form I-360, Widow/Widower of a U.S. Citizen, with the USCIS. You must file within two years of their death and you will be ineligible if you have remarried.
You will be issued a conditional green card if approved. This green card is valid for two years. Then, you can petition to remove the conditions at the end of the two years.
Checklist: Documents Needed to Apply for a Green Card
The following is a list of documents that you will need to gather before you can apply for a green card:
- Birth certificate for both you and your spouse
- Passport for both you and your spouse
- Marriage certificate
- Proof that your spouse is a U.S. citizen or permanent resident
- Proof of your spouse’s military service
- A photo of you and your spouse together
- Evidence of your financial support (if applicable)
- Evidence of your spouse’s relationship with any children (if applicable)
- Any other documents that may be required by the USCIS or NVC (such as divorce decree, death certificate, etc.)
Checklist: Forms Required to Apply for Military Spouse Green Card
The following is a list of forms you may need to fill out to apply for a green card.
- I-130, Petition for Alien Relative
- I-130A, Supplemental Information for Spouse Beneficiary
- I-485, Application to Register Permanent Residence or Adjust Status
- I-864, Affidavit of Support
- I-693, Report of Medical Examination and Vaccination Record
- I-765, Application for Employment Authorization (if applicable)
- I-131, Application for Travel Document (if applicable)
- G-1145, E-Notification of Application/Petition Acceptance (this form requests a text message or email when USCIS accepts your immigration application).
The Cost of Obtaining a Marriage Green Card for Military Members
The costs will vary depending on your situation and where you live. Here is a general breakdown to help you estimate expenses:
- $535 – Filing fee for Form I-130. The fee for this petition cannot be waived.
- $1485 – Filing fee for Form I-485. This fee may be different depending on your age. You can also file a I-912, Request for Fee Waiver.
- $100 – $500 – Medical Examination. While there is no filing for the medical examination form, you will have to pay for the examination which can vary in cost depending on who provides the service.
- $410 – Filing fee for Form I-765
- $575 – Filing fee for Form I-131
Additionally, you’ll have to account for any expenses required to obtain the required documentation and legal costs.
Immigration Benefits for Military Spouses
Parole in Place for Spouses
If you are the spouse, parent, or child of a military member, you might be eligible for what is called “Parole in Place.” This status allows you to apply for a green card without leaving the United States, even if you entered without inspection and are undocumented.
To be eligible, you must:
- Be the spouse of a member of the U.S. Armed Forces (active duty, reserve, or retired)
- Be inadmissible to the United States for reasons that are not related to health or safety
- Have never been convicted of an aggravated felony
If you are eligible, the military member can file a request for Parole in Place with the USCIS. If approved, you will be allowed to stay in the United States and apply for a green card.
You should note that this status is temporary and does not guarantee that you will receive a green card.
Deferred Action
You may be able to postpone removal from the United States for a certain period. Deferred action does mean you have lawful permanent resident status, but you may remain lawfully in the U.S. and apply for a work permit.
Deferred action is available to a spouse, widow or widower, and children of an active duty member of the U.S. armed forces or a veteran, whether living or deceased, as long as they were not dishonorably discharged.
Expedited and Overseas Citizenship for Military Spouses
You may be eligible for expedited military spouse citizenship if your spouse is or will be stationed outside the U.S. You must also be authorized to accompany your spouse abroad and be present in the U.S. as a lawful permanent resident at the time of your application interview. You must have intentions to reside in the U.S. after your spouse completes their service and continue to demonstrate good moral character.
To request expedited processing, you must show that you are on the spouse’s Permanent Change of Station orders and moving based on military orders. You’ll call the military helpline at 877-247-4645.
You can also complete naturalization outside the United States without traveling to the U.S. if your spouse is stationed outside the U.S. and you are accompanying them on official orders. Usually, to apply for citizenship for military spouses, they must live in the U.S. for a certain number of years before applying for citizenship. However, if your spouse is a service member, the time you spend accompanying them overseas can count toward that requirement.
Contact an Attorney Today
If you are a military couple looking to obtain a green card or reunite, Scott D. Pollock & Associates, P.C. can help you navigate the process and obtain the relevant visas. Our attorneys have extensive experience in U.S. immigration law and will work diligently to ensure that your case is handled as efficiently and effectively as possible. We will guide you through every step of the application process and make sure that your case is handled correctly and efficiently. We are here to help! Call us at 312.444.1940 or fill out our online contact form today.
