Marriage to a U.S. Citizen - Green Card Options

Individuals engaged to, or married to a U.S. citizen generally have 4 options to pursue U.S. permanent residence (i.e. a green card).

Option 1: Process From Within the U.S. - Adjustment of Status (AOS):

  • Individuals currently working in the U.S., e.g. under a TN visa, O-1 visa, etc., who are married to a U.S. citizen may file for a green card by applying for Adjustment of Status (AOS).

  • The whole process (I-130 petition and I-485 adjustment application) is completed from within the U.S.

  • All paperwork filed at the same time.

  • Generally, the fastest of the options. Processing varies based on U.S. location.

  • May maintain work visa (e.g. TN, O-1, etc.) visa status during process, but depending on the visa type may not be able to renew or obtain a new visa. This could result in a gap in visa status or work authorization based on timing.

  • Unless possessing H-1B or L-1 visa will face travel restriction until advance parole travel authorization issued.

  • See more on TN Visa, Marriage to USC & AOS

Option 2: Process From Outside the U.S. - Immigrant Visa Processing (IVP):

  • Although most often used by individuals married to a U.S. citizen and who reside outside the U.S., immigrant visa processing (IVP) may also be used by individuals working in the U.S. under a temporary worker visa.

  • IVP involves a two stage process: (1) filing of the I-130 petition; and (2) applying for immigrant visa at U.S. consulate.

  • IVP does not provide any authorization to reside or work in the U.S. until the immigrant visa is issued. Individuals must rely on a temporary worker visa (e.g. TN, O-1 or other visa) for the interim.

  • Travel on, or renewal of temporary visas like TN visas is possible, but may be scrutinized during IVP.

Options 3 & 4: K-1 or K-3 Visa:

  • AThe K-1 visa (engaged to a U.S. citizen) and K-3 visa (married to a U.S. citizen) are generally used by individuals who reside outside of the U.S.

  • The K-1 visa is a three stage process: (1) filing of I-129F petition; (2) applying for K-1 visa at U.S. consulate; and (3) entering the U.S. and applying for Adjustment of Status.

  • The K-3 visa is a four stage process: (1) filing of I-130 petition; (2) filing of I-129F petition; (3) applying for K-3 visa at U.S. consulate; and (4) entering the U.S. and applying for Adjustment of Status. (The K-3 is often converted to IVP when the I-130 is approved before the I-129F.)

  • For individuals already working in the U.S. under valid visas, the K-1 and K-3 is generally of little benefit.