The F2A green card checklist below provides a general idea of the process, timeline and what is usually needed for the spouse of a U.S. green card holder to obtain their marriage-based green card. To have a better understanding of this list, please read the family-based green card overview for the big picture and then go through the details for the F2A foreign spouse in the marriage-based green card overview and the F2A & F2B family preference green card articles.
Please click to download the F2A family preference green card checklist for the foreign spouse of a green card holder.
The F2A marriage-based green card petition can be for the foreign spouses of U.S. green card holders. The foreign spouse can receive a 2-year conditional green card or 10-year regular green card depending on whether the couple was married for over 2 years or less than 2 years at the time they obtain their green card visa status (which is when their adjustment of status is approved or when they enter the United States).
If the couple was married for over 2 years at the time the foreign spouse was admitted (entered) to the United States or their adjustment of status application (Form I-485) was approved, a regular 10-year green card will be given.
If the couple was married for less than 2 years at the time the foreign spouse was admitted (entered) to the United States or their adjustment of status application (Form I-485) was approved, then a 2-year conditional green card will be given and the couple would have to file a removal of conditions petition (Form I-751) together within 90 days of the expiration date of the 2-year conditional green card. The removal of conditions petition (Form I-751) must be filed jointly (together) as a couple to change the 2-year conditional green card into a regular 10-year green card unless a waiver is approved.
If the couple is divorced before the removal of conditions petition (Form I-751) is approved, the foreign spouse filing the removal of conditions petition as a single person must have a waiver that proves they entered the marriage in good faith.
HAVE A MARRIAGE BASED GREEN CARD IMMIGRATION QUESTION? CONTACT US
If you have a marriage-based green card (foreign spouse of U.S. green card holders) immigration question, please fill out our contact us form or send us an email with some basic information about your background and your immigration needs. We will do our best to respond within 48 hours.
How we can help?
Kylie Huang Law’s immigration attorney will help identify what type of marriage-based green card the client is qualified for and whether there are other green card options available to the client. We will work closely with our clients to prepare their marriage-based green card petition and we will also strategize on how the marriage-based green card petition should be presented in the filings and in the interview to achieve the best chances of approval. It is advised and common practice to retain an immigration attorney for certain unusual marriage-based green card petitions due to the complexities in the immigration process and visa requirements.