Marriage Green Card Guide for Employers

This employer-facing guide explains how marriage-based permanent residence works under US immigration law. It sets out eligibility, evidential standards, process routes (adjustment of status vs consular processing), interview expectations, costs, timelines, compliance pitfalls, fraud framework, and post-approval obligations. It also includes HR compliance notes on hiring applicants with pending cases and lawful permanent residents, including I-9 verification and acceptable documents.

What this article is about: Helping HR leaders and hiring managers understand when and how a spouse of a US citizen or lawful permanent resident may obtain permanent residence, what that means for right to work, what risks and delays to plan for, and where employer processes (onboarding, I-9, policies) need attention.

Section A: What is a marriage-based Green Card?

A marriage-based Green Card is lawful permanent residence granted to a foreign national spouse of a US citizen (USC) or a lawful permanent resident (LPR). Marriage does not itself confer status or citizenship. Eligibility arises through a petition-based process that tests the bona fides of the relationship, the couple’s eligibility, and the applicant’s admissibility. Immediate relatives of US citizens (which include spouses) are not subject to annual numerical caps, while spouses of LPRs are in the family preference system and may face visa availability wait times.

Permanent residence authorises indefinite living and working in the United States, subject to maintenance of status. Where the marriage is under two years old on approval or admission, residence is conditional for two years and the couple must jointly remove conditions in the 90-day window before expiry.

1) What permanent residence allows

Lawful permanent residents (LPRs) may live anywhere in the US and work for any employer without separate work authorisation. They can change employers freely and do not require an EAD to work once resident status is granted. They may travel internationally, but extended absences can risk abandonment of residence; trips over six months invite scrutiny, and trips of one year or more generally require a re-entry permit obtained in advance. After qualifying residence, LPRs may naturalise (typically three years if still married to and living with a US citizen under INA §319(a); otherwise five years under INA §316(a)). LPRs may sponsor certain relatives subject to category and availability rules.

2) What permanent residence does not allow

LPR status does not grant the right to vote in federal elections, access to certain positions requiring US citizenship or security clearance, or immunity from removal for certain offences. It does not automatically convert to citizenship; applicants must meet residence, English/civics, and good-moral-character requirements and take the Oath.

3) Who can qualify

Eligible beneficiaries are foreign national spouses in a legally valid marriage to a USC or LPR. The petitioner files Form I-130 to establish the qualifying relationship. The marriage must be valid where celebrated and bona fide, not entered to evade immigration laws. Same-sex marriages are recognised if valid under the law of the place of celebration. Both parties must be legally free to marry.

Overstay and status issues: Spouses of US citizens may in many cases adjust status despite certain overstays if they were admitted or paroled, whereas spouses of LPRs generally must maintain status or have relief such as INA §245(i) grandfathering. Unlawful entries, certain immigration violations, or criminal grounds can bar adjustment and may require waivers.

4) Conditional vs 10-year cards

If the marriage is under two years old on the date of permanent residence (approval or admission), USCIS grants conditional residence for two years. The couple must file Form I-751 jointly during the 90-day period before expiry to remove conditions and obtain a 10-year card. Failure to file on time can terminate status, though late filings may be excused for good cause with evidence.

5) Marriage-based Green Card vs spouse visas (K-3)

The K-3 is a nonimmigrant bridge category allowing entry while an immigrant process is pending. It is rarely used today because immediate relative immigrant processing often renders K-3 unnecessary. K-3 entrants require separate employment authorisation (Form I-765) to work; LPRs do not. The immigrant process (via adjustment or consular processing) results in permanent residence; K-3 is temporary and must be converted through the immigrant process.

6) Employer and HR considerations (I-9 and onboarding)

For right-to-work verification, a Green Card (Form I-551) is a List A document establishing identity and employment authorisation. An Employment Authorisation Document (EAD) is also a List A document. For applicants with pending adjustment who do not yet have an EAD, they are not work-authorised until USCIS issues an EAD or until they otherwise hold independent work authorisation. Employers must not specify which documents employees present, must apply I-9 rules consistently, and must avoid unfair documentary practices or discrimination. Track reverification where applicable for time-limited documents.

7) Important caution on visiting the US during processing

Where an immigrant intent exists (e.g., pending I-130 with plan to adjust), entry as a visitor can raise issues under INA §214(b) and possible misrepresentation findings if the real intent is to immigrate. Applicants should seek legal advice before attempting to enter the US as a visitor while an immigrant case is pending. For many couples, consular processing abroad is the correct path; for others, proper adjustment after a lawful admission may be available.

8) Evidence of a bona fide marriage

USCIS and consular officers assess relationship authenticity holistically. Typical evidentiary categories include finances (joint bank/tax/insurance), cohabitation (leases, mortgages, utilities), social proof (photos with family/friends, itineraries), communications, and affidavits from third parties with personal knowledge. Quality and chronology matter more than volume. Officers may interview spouses together or separately (Stokes interview) to test consistency.

9) Route selection overview (AOS vs consular)

Adjustment of status (AOS) is filed inside the US by an applicant who was admitted or paroled and is eligible to adjust; it allows concurrent filing with I-130 in immediate relative cases and access to interim EAD/AP while pending. Consular processing is pursued from abroad after I-130 approval and document qualification at the NVC, culminating in an interview at a US embassy/consulate and LPR admission on first entry.

10) Naturalisation timelines (high-level)

Applicants married to and living with a US citizen may apply to naturalise after three years of permanent residence if all other criteria are met (physical presence, continuous residence, GMC, English/civics). Others typically apply after five years. Applicants must continue to maintain LPR status until taking the Oath.

Employer takeaway: For workforce planning, employees with pending AOS may obtain interim EADs; do not onboard based on a receipt alone unless it qualifies under I-9 rules. For LPR hires, the Green Card is sufficient List A proof; avoid document-specific requests.

Section B: Eligibility and Legal Requirements

Before applying for a marriage-based Green Card, both the petitioner and beneficiary must meet specific eligibility conditions under the Immigration and Nationality Act (INA) and the Code of Federal Regulations (CFR). These ensure the relationship is genuine, the marriage valid, and the applicant admissible to the United States. The integrity of this process is central to USCIS adjudication, as fraudulent marriages threaten the immigration system and carry severe penalties under federal law.

1) Marriage validity and recognition

The marriage must be legally valid in the jurisdiction where it was performed and must meet US federal recognition requirements. Religious or traditional ceremonies that are not legally registered do not qualify unless the jurisdiction recognises them as valid marriages. Same-sex marriages are treated the same as opposite-sex marriages if legally recognised. Proxy or polygamous marriages are not valid for immigration unless consummated or compliant with specific legal criteria.

Evidence of legal marriage includes a government-issued certificate and, where applicable, documentation showing dissolution of any previous marriages (divorce decrees, annulment judgments, or death certificates). Failure to provide proof of valid termination of prior marriages can result in denial under INA §204(a)(2).

2) Petitioner qualifications

The petitioner must be a US citizen or lawful permanent resident aged at least 18. Petitioners must reside in the United States or demonstrate intent to re-establish domicile before the sponsored spouse’s entry. LPRs must maintain status throughout the process; if the petitioner naturalises mid-process, the case can often be upgraded to the immediate relative category, eliminating visa wait times.

Petitioners with prior approved marriage petitions filed for other foreign spouses may face heightened scrutiny under INA §204(a)(2)(A) and may need to provide additional evidence to demonstrate good faith in the current marriage.

3) Beneficiary (foreign spouse) eligibility

The foreign national must be legally eligible to immigrate to the United States. They must not be inadmissible under the grounds in INA §212(a), which include certain criminal offences, immigration violations, health-related grounds, or misrepresentation. Waivers may be available for some inadmissibility grounds, typically through Form I-601 or I-601A, depending on the case circumstances and relationship hardship factors.

Applicants must undergo background and security checks and complete a medical examination with a USCIS-designated civil surgeon (for AOS) or panel physician (for consular processing). Evidence of vaccinations and medical compliance is required via Form I-693.

4) Financial sponsorship and public charge rules

Every marriage-based Green Card application requires a binding Affidavit of Support (Form I-864) signed by the petitioner, establishing they can maintain the sponsored immigrant at 125% of the federal poverty guidelines. This obligation is enforceable in court until the immigrant becomes a US citizen, leaves the US permanently, or accrues 40 quarters of qualifying work. Failure to submit a sufficient Affidavit of Support or to demonstrate adequate financial capacity can lead to denial under INA §212(a)(4) (public charge).

Joint sponsors may assist if the petitioner’s income falls below the threshold. Employers hiring foreign spouses after Green Card issuance should note that the Affidavit of Support is a personal undertaking and does not limit the foreign spouse’s right to work or change employment once resident status is granted.

5) Proof of a bona fide marriage

USCIS assesses whether a marriage is bona fide under INA §204(c). Officers examine whether the couple intended to establish a shared life together at the time of marriage. Indicators of fraud include inconsistent testimony, absence of cohabitation, or financial separation. Documentary evidence should demonstrate shared residence, finances, and social life.

Affidavits from friends, family, or community leaders may supplement evidence but are not substitutes for primary documentation. Couples may be interviewed separately (a Stokes interview) if discrepancies arise. Providing comprehensive, consistent evidence from the outset reduces the likelihood of additional scrutiny or Requests for Evidence (RFEs).

6) Criminal, immigration, and inadmissibility risks

Criminal history can impact eligibility, especially convictions involving moral turpitude, controlled substances, or fraud. Even minor offences can raise issues during background checks. Immigration violations such as prior removal orders, unlawful presence, or misrepresentation at entry can trigger inadmissibility bars under INA §§212(a)(6)(C) and 212(a)(9)(B). Applicants in these categories should seek legal advice before filing.

Employers sponsoring or hiring individuals with pending Green Card applications should avoid giving immigration advice internally but may confirm documentation status for compliance purposes only. HR teams should encourage affected employees to seek independent immigration counsel if complex legal issues arise.

7) Maintaining lawful status during application

Applicants filing inside the United States must maintain lawful presence until USCIS accepts the adjustment of status (Form I-485). Filing while in unlawful status may be permitted for spouses of US citizens under INA §245(a) if the applicant was lawfully admitted or paroled. However, spouses of LPRs generally must maintain lawful nonimmigrant status through to approval, unless protected by grandfathering provisions such as INA §245(i).

Foreign spouses applying through consular processing should not attempt to enter the United States on a visitor visa with immigrant intent while their case is pending. Doing so may constitute willful misrepresentation, leading to permanent inadmissibility under INA §212(a)(6)(C)(i).

8) Employer compliance note

When onboarding employees who are awaiting Green Card approval, employers must verify work authorisation using acceptable I-9 documents. Pending applicants with valid EADs (Form I-765) are work-authorised. Employers should reverify employment eligibility upon EAD expiry but must not request Green Cards before they are issued. Employers are also prohibited from making hiring decisions based on citizenship or immigration status, under 8 U.S.C. §1324b.

Section summary: To qualify for a marriage-based Green Card, both parties must prove a legally valid, bona fide marriage and meet all statutory and regulatory requirements. The process includes financial sponsorship, background checks, and proof of intent to build a life together. Employers must remain compliant with right-to-work verification rules while respecting anti-discrimination protections. Understanding these requirements helps HR professionals anticipate potential delays and compliance implications when onboarding or sponsoring employees married to US citizens or Green Card holders.

Section C: Application Process for a Marriage-Based Green Card

The process for obtaining a marriage-based Green Card depends primarily on whether the foreign spouse is already in the United States (through the Adjustment of Status route) or outside the United States (through Consular Processing). Both procedures involve multiple stages, extensive documentation, and compliance with strict procedural rules under the Immigration and Nationality Act (INA) and implementing regulations in 8 CFR Part 204 and Part 245.

For employers and HR professionals, understanding these stages is useful when supporting employees navigating the process, as work authorisation may be limited until certain milestones are reached.

1) Step-by-step process overview

Although timelines and document requirements vary, most marriage-based Green Card applications follow the same general structure:

1. Get married in a legally valid ceremony recognised by the jurisdiction where it occurred.
2. The US citizen or LPR spouse files Form I-130 (Petition for Alien Relative) with USCIS, along with supporting evidence of the relationship.
3. Once the I-130 is approved, the foreign spouse applies either for Adjustment of Status (Form I-485) if in the US, or for an immigrant visa (Form DS-260) through the National Visa Center (NVC) if abroad.
4. Both applicants attend biometrics appointments and, in most cases, an in-person interview with USCIS or a US consulate.
5. Upon approval, the foreign spouse becomes a conditional or permanent resident, depending on the marriage length at adjudication.
6. Conditional residents must later file Form I-751 jointly to remove conditions and receive a 10-year Green Card.

2) Applying from within the US: Adjustment of Status (AOS)

Applicants already in the United States on a valid visa may apply to adjust their status to permanent residence without leaving the country. This process is authorised under INA §245(a), provided the applicant was lawfully admitted or paroled.

Immediate relatives of US citizens can file Form I-130 and Form I-485 concurrently, which can shorten overall processing time. In contrast, spouses of LPRs must wait until their visa priority date becomes current in the Department of State Visa Bulletin.

Key AOS forms and fees (2025 schedule):

• Form I-130 (Petition for Alien Relative): $675 filing fee
• Form I-485 (Adjustment of Status): $1,440 filing fee + $85 biometrics
• Form I-864 (Affidavit of Support): no filing fee
• Form I-765 (Employment Authorisation): $260 (optional for interim work rights)
• Form I-131 (Advance Parole for travel): $630 (optional)

Applicants must include proof of lawful entry (I-94), the marriage certificate, financial sponsorship evidence, and a completed medical examination (Form I-693). USCIS may issue Requests for Evidence (RFEs) if documents are missing or incomplete.

Once filed, USCIS issues a receipt notice followed by a biometrics appointment. After biometrics, USCIS may schedule a Green Card interview at the local field office. Both spouses typically attend. Applicants should bring originals of key documents, including identification, marriage certificates, and updated relationship evidence.

If approved, the applicant receives a conditional or permanent Green Card depending on the marriage duration at the time of adjudication.

3) Applying from outside the US: Consular Processing

Applicants residing abroad complete their Green Card process through the US Department of State. Once USCIS approves Form I-130, the case is transferred to the National Visa Center (NVC) for document collection and fee payment.

The applicant submits Form DS-260 (Immigrant Visa Application) and supporting civil and financial documents. The NVC reviews submissions before scheduling an interview at a US embassy or consulate. A medical examination by an authorised panel physician is mandatory before the interview.

At the consular interview, the applicant must provide original civil documents, a valid passport, medical results, and relationship evidence. The consular officer will verify eligibility and relationship genuineness. Upon approval, the applicant receives an immigrant visa in their passport, valid for entry within six months. After arrival, the immigrant pays the USCIS Immigrant Fee ($235) to receive the physical Green Card by mail.

Processing timeframes: On average, consular processing takes 12–24 months from I-130 filing to visa issuance, depending on USCIS and consulate workloads. Delays are common due to document deficiencies, background checks, or high caseloads at particular consulates.

4) The Green Card interview

The Green Card interview is a pivotal step. It allows the adjudicating officer to verify the authenticity of the marriage and review supporting documentation. Interviews are typically scheduled at the nearest USCIS field office for AOS cases or a consulate abroad for immigrant visa cases.

Officers ask detailed questions about the relationship, daily routines, and shared life events. Discrepancies between the couple’s answers can trigger further review or a Stokes interview (separate questioning). Officers also check that the relationship was entered into in good faith and that all submitted evidence is credible and consistent.

Typical Green Card interview questions include:

• How did you meet, and how long did you date before marriage?
• Who proposed, and how was the proposal made?
• Describe your wedding day and who attended.
• Where do you currently live, and what are your daily routines?
• What joint assets or bank accounts do you share?

Interviews generally last between 15 and 30 minutes, though complex cases may take longer. Couples should answer truthfully and consistently, bringing updated relationship evidence and original documents. If the officer is satisfied, approval may be granted immediately, or the applicant may later receive a written notice of decision.

5) Common procedural mistakes

Common filing and procedural errors include incomplete forms, inconsistent addresses or dates, missing signatures, and inadequate evidence of bona fide marriage. Each error can trigger an RFE or Notice of Intent to Deny (NOID), extending processing by several months. Submitting outdated versions of forms or incorrect fees can also cause rejections.

Applicants should ensure all documentation is current, legible, and translated into English by certified translators where required. Keeping consistent records across all filings—Form I-130, I-485, I-864, and DS-260—is essential to avoid suspicion of misrepresentation.

6) HR impact and right to work considerations

Employers must understand that pending Green Card applicants without an EAD cannot lawfully work. Once an EAD is issued, the document serves as both identity and employment authorisation under I-9 List A. Employers should record document numbers accurately and avoid asking for specific forms of proof. Reverification is only necessary when an EAD expires. After approval, the Green Card itself serves as permanent List A documentation requiring no further reverification.

Section summary: The marriage-based Green Card process follows a structured path through petition, processing, interview, and approval. Whether through Adjustment of Status or Consular Processing, couples must demonstrate relationship validity and admissibility. Employers interacting with employees in this process must adhere to right-to-work rules, ensuring compliance without discrimination. Detailed documentation, lawful intent, and consistency across forms remain crucial for success.

Section D: Green Card Costs, Processing Times & Expedited Options

Marriage-based Green Card applications involve multiple government fees, optional service costs, and related expenses that vary depending on whether the applicant is filing from within the United States or abroad. Employers with international staff or employees married to US citizens should understand how long the process typically takes and what costs may apply, especially where family relocation or work authorisation timelines affect employment.

1) Government filing fees

The US Citizenship and Immigration Services (USCIS) and the Department of State charge a range of mandatory fees. These fees are updated periodically and must be paid in full with each relevant form. Failure to submit correct fees leads to automatic rejection of applications.

These costs exclude optional attorney representation, translation, and document certification fees, which can vary widely by location and complexity.

2) Additional costs and considerations

Beyond the official filing fees, applicants often incur costs for:

• Certified document translations (typically $25–$40 per page)
• Police certificates or birth records from foreign authorities
• Travel to medical exams or consular interviews
• Courier and mailing expenses for physical documentation

Applicants should retain receipts and documentation of all payments for record-keeping and in case USCIS requests proof of fee submission. Employers providing relocation or legal support should budget for the spouse’s immigration timeline to avoid disruption to planned assignments.

3) Processing times and expected duration

Processing times for marriage-based Green Cards fluctuate depending on applicant location, visa category, and USCIS or consular workload. The following table provides a general guide based on recent USCIS and NVC data (2025):

Timelines can lengthen if USCIS issues Requests for Evidence (RFEs), conducts Stokes interviews, or refers the case for additional background checks. Consular delays may occur when applicants wait for medical or civil documents or when embassies operate at reduced capacity.

4) Expedited and premium processing limitations

Unlike many employment-based petitions, family-based Green Card cases cannot use paid premium processing under 8 CFR 103.7(e). However, expedited processing may be requested if the case meets the USCIS expedite criteria, such as severe financial loss, urgent humanitarian circumstances, or compelling national interest. Such requests are evaluated case-by-case and only accelerate initial review, not the entire adjudication cycle.

Employers with affected staff should note that no guaranteed fast-track option exists for marriage-based Green Cards. Where employees hold temporary visas (e.g., H-1B, L-1) and are married to US citizens, the Adjustment of Status route can provide a smoother transition to permanent residence without disrupting employment eligibility.

5) Factors that delay processing

Common causes of delay include:

• Incomplete forms or inconsistent data across filings
• Insufficient proof of relationship authenticity
• RFEs or NOIDs issued for additional information
• Extended background or security checks
• Scheduling backlogs at field offices or consulates
• Medical exam issues or expired medical reports
• Unmet financial sponsorship thresholds on Form I-864

Applicants should monitor their case progress through the USCIS Case Status tool and respond promptly to any correspondence. Missing a biometrics appointment or interview without good cause can result in denial.

6) Employer insight: managing expectations

HR departments should recognise that foreign spouses of employees often face long waiting periods before receiving unrestricted work rights. Until the applicant obtains an EAD or Green Card, they are not legally authorised to work. Employers should plan workforce needs accordingly, avoid promising employment start dates dependent on pending Green Card approvals, and ensure all staff involved in hiring understand lawful verification procedures.

Section summary: The marriage-based Green Card process is time-intensive and costly, often taking 12 to 36 months depending on the category and location. There is no premium processing option, and accuracy at every stage is critical to avoid delays. Employers supporting staff through family immigration should align HR planning, onboarding timelines, and verification procedures with these realistic timeframes.

Section E: Common Pitfalls, Compliance Risks & Marriage Fraud Prevention

While many couples successfully navigate the marriage-based Green Card process, errors or misunderstandings can lead to delays, denials, or even allegations of fraud. For employers, awareness of these risks supports compliance when engaging staff undergoing immigration proceedings, particularly in relation to right to work verification and non-discriminatory practices.

1) Frequent applicant mistakes

Even genuine marriages can face scrutiny if documentation or procedure is mishandled. Common applicant errors include:

• Incomplete or outdated USCIS forms
• Incorrect filing fees or missing signatures
• Inconsistent information across I-130, I-485, and I-864 submissions
• Insufficient proof of shared life or cohabitation
• Failing to file Form I-751 to remove conditions within the 90-day period
• Travelling without advance parole while an AOS case is pending

These issues often result in a Request for Evidence (RFE), Notice of Intent to Deny (NOID), or outright denial. Each can delay the process by months or even years. USCIS prioritises consistency and credibility—small discrepancies between forms or interview statements can raise red flags.

2) Employer compliance risks

Employers must avoid unlawful discrimination when verifying employment eligibility. Under 8 U.S.C. §1324b, it is illegal to demand specific documents (such as a Green Card) or to refuse valid alternatives presented by the employee. For applicants with pending cases, an Employment Authorisation Document (EAD) is sufficient proof of work eligibility. Employers must reverify employment only when time-limited documents expire and should not terminate or delay hiring based solely on immigration status if the employee presents acceptable I-9 documentation.

In the case of internal transfers or promotions, HR should ensure continued compliance without imposing additional document requests that could be viewed as discriminatory. Regular training on immigration compliance can prevent inadvertent violations of anti-discrimination provisions.

3) Marriage fraud under US immigration law

Marriage fraud occurs when an individual enters into or assists in a marriage solely for the purpose of obtaining immigration benefits. It is one of the most serious offences in US immigration law and can lead to imprisonment, fines, and removal from the United States.

The relevant legal provisions include:

• INA §204(c): Bars approval of any petition where USCIS finds the marriage was entered solely to evade immigration laws.
• INA §275(c): Criminalises knowingly entering into a fraudulent marriage for immigration benefits, punishable by up to five years’ imprisonment and fines up to $250,000.
• 18 U.S.C. §1546: Penalises visa and document fraud, with penalties up to 10 years for a first offence and up to 25 years for aggravated cases involving drugs or terrorism.
• 18 U.S.C. §1001: Prohibits false statements to federal agencies, including USCIS, with penalties up to five years’ imprisonment.
• INA §237(a)(1)(G): Provides that any noncitizen found to have engaged in marriage fraud is removable and permanently barred from future immigration benefits.

4) Warning signs USCIS may treat as indicators of fraud

USCIS officers are trained to identify inconsistencies suggesting potential fraud. Examples include:

• Couples living apart for extended periods without valid reason
• Significant age or cultural differences combined with minimal shared history
• Conflicting answers during interviews
• Financial separation (no joint accounts or leases)
• Evidence of payment or benefit exchange for marriage
• Prior immigration petitions filed by the same US petitioner

5) Consequences of proven marriage fraud

Consequences are severe for both the foreign spouse and the US citizen or resident spouse. The foreign national faces deportation, permanent inadmissibility, and potential criminal prosecution. The US spouse may face fines, imprisonment, and permanent restrictions on filing future family petitions. USCIS also refers fraudulent cases to Immigration and Customs Enforcement (ICE) for prosecution. A record of marriage fraud can irreparably harm credibility in any future immigration application.

6) Preventing false accusations of fraud

Couples can reduce fraud suspicion by maintaining consistent, well-documented evidence of their shared life, such as joint financial records, photographs, and credible third-party affidavits. Both spouses should attend interviews together unless otherwise instructed and answer questions honestly. Any material misrepresentation can result in permanent ineligibility under INA §212(a)(6)(C)(i).

It is also advisable to avoid rehearsed or overly coordinated answers, as interview officers can detect scripted responses. Couples should review their forms and documentation before the interview to ensure familiarity and consistency.

7) Employer guidance when fraud investigations arise

If an employee is subject to an immigration fraud investigation, employers should not intervene directly in the proceedings but may need to cooperate with lawful information requests from government agencies. Confidentiality and data protection policies must be upheld. Employers should avoid making assumptions about guilt or innocence; adverse employment actions based solely on suspicion of immigration fraud could expose the company to discrimination claims.

Section summary: Marriage fraud is a serious federal offence with harsh penalties. Genuine couples must present consistent, credible documentation and truthful testimony. For employers, compliance obligations lie in fair I-9 verification, anti-discrimination awareness, and maintaining neutrality if staff face immigration scrutiny. Transparent processes, accurate records, and lawful HR procedures ensure both the applicant’s and employer’s protection.

Section F: Maintaining Lawful Status After Green Card Approval

After receiving a marriage-based Green Card, the foreign spouse becomes a lawful permanent resident (LPR) of the United States. This status provides significant rights, including the ability to live and work anywhere in the country, but it also imposes ongoing legal obligations. Employers should understand how LPR status interacts with workplace rights and compliance responsibilities, especially concerning I-9 documentation, re-verification, and long-term residency issues that could affect employment.

1) Rights of lawful permanent residents

Once a marriage-based Green Card is approved, the foreign spouse gains the same rights and protections as other permanent residents under US law. These include:

• The right to live and work anywhere in the United States
• The right to apply for a Social Security Number and state driver’s licence
• Eligibility to work for any employer without separate authorisation
• The ability to sponsor certain family members for immigration benefits
• Access to some public benefits, such as Social Security and Medicare, after meeting eligibility periods
• Eligibility to apply for US citizenship after meeting residency and naturalisation requirements

LPRs can travel outside the US and return using their Green Card, provided they do not remain abroad for extended periods that may indicate abandonment of residency. Trips exceeding six months can raise scrutiny, while absences over one year typically require a re-entry permit obtained before departure. Employers with globally mobile employees should note that long overseas assignments could jeopardise their Green Card status unless carefully managed.

2) Responsibilities of Green Card holders

Holding a Green Card comes with several ongoing responsibilities:

• Maintain continuous residence: Extended absences may suggest the individual has abandoned US domicile.
• File annual tax returns: Green Card holders must report worldwide income to the IRS, even when working abroad.
• Comply with all US laws: Criminal convictions, immigration fraud, or non-compliance can lead to loss of status and removal proceedings.
• Carry proof of status: LPRs must carry their Green Card as evidence of lawful status under 8 U.S.C. §1304(e).
• Update address: Form AR-11 (Change of Address) must be filed within 10 days of moving to a new residence.

Failure to observe these obligations can have serious consequences, including revocation of permanent residence or ineligibility for future citizenship applications. Employers should ensure that HR systems record employees’ work authorisation documents securely and in line with data protection policies, without unnecessary re-verification or monitoring beyond I-9 requirements.

3) Conditional Green Card and removing conditions (Form I-751)

Spouses married for less than two years at the time of Green Card issuance receive a conditional Green Card valid for two years. To remove conditions and convert to permanent status, the couple must jointly file Form I-751 (Petition to Remove Conditions on Residence) during the 90-day window before the card expires. USCIS uses this filing to confirm that the marriage remains genuine and ongoing.

If the couple divorces, faces domestic abuse, or if the US spouse dies before filing, the foreign spouse may seek a waiver of the joint filing requirement under INA §216(c)(4). Supporting evidence must demonstrate good faith in the original marriage and reasons for the waiver request. Failure to timely file Form I-751 results in automatic termination of permanent residence and initiation of removal proceedings.

4) Travelling abroad and maintaining US domicile

Permanent residents are free to travel internationally, but must remain mindful of absences that could be viewed as abandoning US residence. USCIS and Customs and Border Protection (CBP) assess several factors, including duration of stay abroad, continued US ties (e.g., home ownership, employment, tax filing), and intent to return.

Key travel considerations:

• Trips shorter than six months are generally permissible.
• Absences of six to twelve months may trigger questioning upon re-entry.
• Absences over one year without a re-entry permit often result in loss of residency.
• Re-entry permits (Form I-131) can authorise absences of up to two years for employment or family reasons.

Employers should discuss extended overseas postings with LPR employees early, ensuring that immigration counsel advises on maintaining residence and filing appropriate documentation before travel.

5) Applying for US citizenship through marriage

Green Card holders who obtained status through marriage to a US citizen may apply for US citizenship after three years if they remain married and cohabiting with the citizen spouse, per INA §319(a). Applicants must also meet the following requirements:

• At least 18 months of physical presence in the US during the three-year period
• Continuous residence and good moral character
• Ability to read, write, and speak English and pass a civics test
• Ongoing marital relationship at the time of application and oath

Other Green Card holders may apply for citizenship after five years of permanent residence under INA §316(a). Until naturalisation, they remain subject to the rules governing LPRs, including travel, tax, and residence obligations. Employers sponsoring citizenship fee reimbursements or benefits should confirm eligibility periods before offering assistance programs.

6) Losing Green Card status

LPR status can be lost through:

• Abandonment of residence (prolonged absences abroad)
• Voluntary surrender of status (Form I-407)
• Failure to file Form I-751 to remove conditions
• Criminal conduct resulting in removal proceedings
• Engagement in immigration fraud or misrepresentation

Reinstatement is rarely granted. If an LPR believes they may have lost status due to time abroad or other issues, they should consult an immigration attorney before travelling or attempting re-entry. Employers with globally assigned employees should maintain awareness of these residency restrictions when planning long-term deployments.

Section summary: Marriage-based Green Card holders enjoy wide-ranging rights but must also fulfil statutory responsibilities, including maintaining residence, filing taxes, and carrying proof of status. Conditional residents must remove conditions on time to preserve permanent status. For employers, compliance means understanding the employment eligibility of LPRs, avoiding unnecessary document requests, and managing global assignments without jeopardising employees’ immigration standing.

Section G: Transition from Marriage-Based Green Card to U.S. Citizenship

For many marriage-based Green Card holders, the ultimate goal is naturalisation as a U.S. citizen. Citizenship brings the highest level of legal protection, voting rights, eligibility for federal employment, and the ability to sponsor a wider range of family members for immigration. From an employer perspective, employees transitioning from permanent residence to citizenship may gain additional travel and work flexibility, reducing the administrative complexity associated with visa renewals or re-entry documentation.

1) Eligibility timelines

The waiting period before applying for citizenship depends on the individual’s marital status and length of lawful permanent residence. Under the Immigration and Nationality Act (INA), two primary timelines apply:

In both cases, applicants must demonstrate continuous residence, good moral character, and physical presence within the United States for at least half of the qualifying period. Time spent abroad for more than six months may interrupt the continuous residence requirement unless the applicant can prove intent to maintain U.S. domicile.

2) Continuous residence and physical presence requirements

To qualify under the three-year rule (INA §319(a)), the applicant must have:

• Held lawful permanent resident status for at least three years
• Lived continuously in the United States for those three years
• Been physically present for at least 18 months within that period
• Remained married to and living with the U.S. citizen spouse throughout

For the five-year rule (INA §316(a)), the applicant must have:

• LPR status for at least five years
• Continuous residence during that time
• At least 30 months of physical presence within the United States

Applicants should document absences carefully. Trips exceeding six months can disrupt eligibility unless supported by evidence such as U.S. tax returns, property ownership, or continued employment demonstrating ties to the United States.

3) Steps in the naturalisation process

Once the residency period is met, the process of becoming a U.S. citizen involves several formal stages:

1. File Form N-400 (Application for Naturalisation): The application collects biographical data, residency history, and eligibility details. A filing fee applies, currently $760 as of 2025.
2. Biometrics appointment: USCIS schedules fingerprinting to conduct identity verification and background checks.
3. Naturalisation interview and civics test: The applicant attends an in-person interview at a USCIS field office. Officers test English proficiency and knowledge of U.S. civics unless exempt under statutory provisions.
4. Decision and oath ceremony: If approved, USCIS schedules the applicant to take the Oath of Allegiance, finalising U.S. citizenship.

Employers should note that once an employee naturalises, they are no longer subject to immigration status verification obligations. The employee may voluntarily update their HR records to reflect citizenship status, but employers must not demand documentation to confirm the change.

4) Dual citizenship and expatriation implications

U.S. law does not prohibit dual nationality, but it requires citizens to use a U.S. passport for entry and exit. Some foreign jurisdictions, however, may restrict or automatically revoke citizenship upon naturalisation elsewhere. Applicants should check the rules of their country of origin before applying. For tax purposes, U.S. citizens must report worldwide income to the Internal Revenue Service (IRS) regardless of residence.

Employers with global operations should also be aware that employees acquiring U.S. citizenship may face additional reporting obligations under the Foreign Account Tax Compliance Act (FATCA), potentially impacting financial and compliance processes in multinational companies.

5) Revocation or denial of naturalisation

Naturalisation applications can be denied if USCIS determines the applicant:

• Provided false information on the N-400 or during prior immigration processes
• Failed to maintain continuous residence or physical presence
• Committed certain crimes affecting good moral character (e.g., fraud, domestic violence, aggravated felonies)
• Failed to pay taxes or meet selective service obligations (where applicable)

In extreme cases, citizenship can later be revoked (denaturalised) if it was obtained through fraud or concealment of material facts. USCIS and the Department of Justice have authority under 8 U.S.C. §1451(a) to initiate such proceedings. This is rare but underscores the importance of truthfulness and consistency throughout every immigration stage.

6) Employer considerations for naturalised staff

Once an employee becomes a U.S. citizen, employers are relieved from re-verification obligations tied to immigration status. However, HR systems should update personnel records to reflect the change, particularly where citizenship affects benefits eligibility, security clearance, or federal contract compliance. Employers must continue to treat naturalised citizens the same as native-born citizens for all employment purposes.

Section summary: Transitioning from marriage-based permanent residence to U.S. citizenship requires sustained compliance with residency, moral character, and procedural requirements. Most applicants qualify after three or five years depending on marital circumstances. Employers benefit from reduced administrative oversight once employees naturalise, while individuals gain full civic rights and mobility protections under U.S. law.

Section H: Frequently Asked Questions (Marriage-Based Green Cards)

The following FAQs address common questions employers and applicants have about the marriage-based Green Card process, eligibility, and compliance. Each answer reflects current U.S. immigration law and official USCIS guidance as of 2025.

1) Does marriage to a U.S. citizen automatically grant a Green Card?

No. Marriage to a U.S. citizen or lawful permanent resident (LPR) does not automatically provide immigration status. The U.S. spouse must petition for the foreign partner through Form I-130 and follow the required adjustment of status or consular processing steps. Only after approval and lawful admission does the foreign spouse become a permanent resident.

2) How long does it take to obtain a Green Card through marriage?

Processing times depend on where the applicant lives and whether the sponsoring spouse is a U.S. citizen or an LPR. As of 2025, U.S. citizen spouse cases take approximately 12–24 months within the U.S. and 18–30 months through consular processing abroad. LPR spouse cases often take longer due to visa number backlogs.

3) Can a foreign spouse work while waiting for the Green Card?

Applicants in the U.S. can apply for work authorisation (Form I-765) after filing Form I-485 (Adjustment of Status). Once the Employment Authorisation Document (EAD) is issued, the applicant can work lawfully for any employer. Those outside the U.S. must wait until they enter as permanent residents before starting work.

4) What happens if the couple divorces before the Green Card is approved?

If a couple divorces before approval, the application will typically be denied, as it no longer meets the requirement of a valid marriage at the time of adjudication. If the applicant already holds conditional residence, they may apply for a waiver of the joint filing requirement to remove conditions under INA §216(c)(4), provided the marriage was entered into in good faith.

5) What is the difference between a conditional and a permanent Green Card?

A conditional Green Card is issued to spouses married for less than two years at the time of approval. It is valid for two years. The couple must jointly file Form I-751 during the 90-day period before expiry to remove conditions. A permanent Green Card is valid for ten years and does not require conditional removal.

6) Can a spouse travel outside the U.S. while their application is pending?

Yes, but only if they first obtain Advance Parole (Form I-131). Leaving the U.S. without it will result in abandonment of the pending adjustment of status application. Applicants processing from abroad should not enter the U.S. as visitors with intent to adjust, as this may be viewed as misrepresentation.

7) What evidence proves a bona fide marriage?

Acceptable evidence includes joint bank accounts, tax returns, leases or mortgages, utility bills, travel itineraries, photographs with family and friends, and affidavits from people who know the couple. USCIS values quality and authenticity over quantity.

8) What if USCIS suspects marriage fraud?

If USCIS identifies inconsistencies suggesting fraud, it may issue a Request for Evidence (RFE), schedule a Stokes interview (separate interviews for each spouse), or refer the case to Fraud Detection and National Security (FDNS). Proven fraud can result in deportation, permanent inadmissibility, and criminal penalties.

9) How can employers verify work eligibility for Green Card holders?

Green Cards (Form I-551) are List A documents under federal I-9 rules. They establish both identity and employment authorisation. Employers must not request specific documents or discriminate based on citizenship or immigration status. Once an employee presents a valid Green Card, no further re-verification is required until it expires, and even then, a renewed Green Card or other acceptable List A document may be used.

10) Can a marriage-based Green Card holder lose their status?

Yes. Permanent residents can lose status through abandonment (extended stays abroad), voluntary surrender (Form I-407), failure to remove conditions, or criminal or immigration violations. They may also lose status if USCIS later determines the marriage was fraudulent.

11) How soon can a Green Card holder apply for U.S. citizenship?

If married to and living with a U.S. citizen, the Green Card holder may apply for citizenship after three years of permanent residence. All other Green Card holders must wait five years. They must also meet physical presence, continuous residence, and good moral character requirements.

12) Is there a way to expedite the Green Card process?

Marriage-based Green Cards are not eligible for paid premium processing. However, applicants can request expedited processing if they meet strict USCIS criteria, such as severe financial hardship, urgent humanitarian needs, or compelling U.S. government interests. These requests are rare and evaluated on a case-by-case basis.

13) How can an employer support an employee with a pending Green Card case?

Employers can assist by providing job verification letters or documentation supporting the employee’s financial stability, when requested. They should also ensure HR teams understand immigration compliance rules and avoid discrimination. Legal advice on the employee’s immigration case should always come from qualified immigration counsel, not HR staff.

14) What should an employee do if their Green Card is lost or expired?

The individual must file Form I-90 (Application to Replace Permanent Resident Card). During the replacement process, the applicant may request temporary proof of status from USCIS. Employers can continue to employ the individual if they provide valid alternative evidence under I-9 rules or an unexpired extension notice.

Section summary: The Green Card process raises numerous procedural and compliance questions. Both spouses and employers benefit from understanding the key timelines, documentation, and verification rules. Accuracy, consistency, and transparency at every stage remain critical to successful adjudication and long-term compliance.

Conclusion

The marriage-based Green Card process offers a lawful route for foreign spouses of U.S. citizens and lawful permanent residents to live and work in the United States on a permanent basis. However, it is a complex, multi-stage process governed by the Immigration and Nationality Act and overseen by both USCIS and the Department of State. Successful applications depend on meeting every procedural requirement, providing substantial proof of a bona fide relationship, and maintaining consistent compliance throughout the process.

From an employer’s perspective, understanding the key elements of this process helps maintain compliant onboarding and HR practices. Employers should be prepared to verify work eligibility lawfully, avoid discriminatory practices during I-9 verification, and plan for potential delays while employees transition from temporary to permanent work authorisation.

For applicants, preparation and honesty are critical. The submission of accurate documentation, readiness for the interview, and awareness of time-sensitive filings—such as removing conditions or renewing Green Cards—ensure long-term immigration stability. For couples, demonstrating a genuine marriage built on shared life and responsibility remains the foundation of success.

While the legal and administrative requirements may seem daunting, the rewards of permanent residence—and ultimately, citizenship—make careful compliance and preparation worthwhile. With the right understanding and professional guidance, both individuals and employers can navigate the process confidently and lawfully.

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