Married to a Green Card Holder and Living Abroad

Last updated: August 12, 2025.

By Asel Williams, Esq. · Columbia Law School · Licensed immigration attorney

If you are married to a permanent resident and are residing outside the U.S., you are eligible to apply for a green card.

In this article, we will discuss:

• Application process
• Immigration forms that must be submitted
• Filing fees
• Checklist of supporting documents; and
• Average processing time

Application process if married to a green card holder and residing outside the U.S.

If you are married to a permanent resident and live abroad, the application process will consist of 4 steps:

Step 1. Filing Form I-130, Petition for Alien Relative, with USCIS

• Permanent resident spouse (petitioner) must submit Form I-130 
• Form I-130 petition can be filed online or submitted by mail
• Spouse residing abroad (beneficiary) must complete Form I-130A, Supplemental Information for Spouse Beneficiary
• Form I-130A is submitted together with Form I-130
• Submit supporting documents with Form I-130, including sufficient evidence of marriage
• If petitioner obtained permanent residence through previous marriage to a U.S. citizen or permanent resident, he/she is not eligible to file Form I-130, unless:
  • Petitioner has been a lawful permanent resident for at least five years;
  • Petitioner can establish by clear and convincing evidence that petitioner did not enter the prior marriage (through which petitioner gained lawful permanent resident status) in order to evade any U.S. immigration law; or
  • Petitioner’s prior marriage through which petitioner gained immigrant status was terminated by the death of the former spouse

Step 2. Waiting for priority date to become current

After Form I-130 is approved by USCIS, the next step is waiting for Form I-130 priority date to become current:

• All spouses of permanent residents are subject to yearly annual visa cap
• Annual visa cap means that the number of immigrant visas issued to spouses of permanent residents is limited
• In order to determine whether you can move to the next step (immigrant visa application), you need to check if your Form I-130 priority date is current
• All spouses of permanent residents belong to F2A category
• We have discussed in detail how to read the Visa Bulletin and understand whether your Form I-130 priority date became current: How to Read the Visa Bulletin for Family-Based Immigrants

Step 3. National Visa Center (NVC) application

• Once your Form I-130 priority date becomes current, the National Visa Center will send an email containing instructions on accessing your Form DS-260 (Immigrant Visa Electronic Application)
• This email is sent to both petitioner, beneficiary and your attorney (if applicable)
• The email will contain 2 important numbers 
  • NVC Case Number; and
  • Invoice ID number
  • Enter these number to access your Form DS-260 online
• Pay the government filing fees:
  • DS-260: $325
  • Affidavit of Support: $120
  • You need a US checking or savings account to submit the payments
  • It takes 2-3 business days to clear the payment
• Once the filing fees are paid, beneficiary can start filling out Form DS-260
• Once Form DS-260 is submitted, you will be given a confirmation that you need to save and will later bring to your interview at the US Embassy/Consulate
• Beneficiary uploads the following civil documents:
  • Passport
  • Recently taken US passport-style photograph
  • Birth certificate
  • Marriage certificate
  • Proof of previous marriage(s) termination – if applicable
  • Police certificate(s)
  • Certified criminal records – if applicable
• Petitioner will need to upload a signed Affidavit of Support (Form I-864) and submit the following supporting documents:
  • Proof of permanent residence (green card – front and back)
  • Federal tax return for the most recent year or IRS tax transcript for the most recent year
  • All applicable W-2 and/or 1099 forms for the most recent year
  • Proof of US domicile (required for some petitioners)
• Once all required applications have been submitted and documents uploaded, NVC will start reviewing the application
• Typically, it takes NVC about 1 month to review the application
• If NVC pre-approves the application, you will receive an email stating that your case is “documentarily qualified”
• If NVC does not accept any of the documents, you will receive an email saying that your case status has been updated and advise you to log into your Form DS-260 online account
• In the messages, you can see the instructions on fixing documents that were not accepted. Delete the rejected document, fix the issue, and upload the new document
• If NVC marks the case as “documentarily qualified”, your application will be forwarded to the US Embassy/Consulate for visa interview scheduling

Step 4. Interview at the U.S. Embassy/Consulate

• NVC or the US Embassy/Consulate will send you an email with the date and time of your immigrant visa interview
• You must carefully review interview preparation instructions for your consulate post
• After receiving this email, you will schedule an appointment with the authorized doctor in your home country
• You must register your interview appointment online (follow the instructions)
• Prepare all the original documents and photocopies as instructed
• Attend the interview
• If an immigrant visa is approved, you will pick up your passport with a stamped visa. Immigrant visas are typically valid for 6 months. You must enter the US before the expiration date of your visa
• If an immigrant visa is refused, the consulate will instruct you on providing the missing documents. If you meet their documentary requirements, your immigrant visa will be approved 
• You must pay the USCIS Immigrant Fee ($235) online before entering the U.S. The US embassy/consulate will provide you with printed instructions on how to pay this fee

Step 5. Removal of Conditions (Form I-751)

• If a beneficiary enters the US before the 2nd marriage anniversary date, the beneficiary obtains a conditional green card. Conditional green card is valid for 2 years only. Beneficiary will need to jointly with petitioner file Form I-751 with USCIS within the 90-day period prior to conditional green card expiration date
• If a beneficiary enters the US after the 2nd marriage anniversary date, the beneficiary obtains a 10-year green card. No additional action is required

Immigration forms required if married to permanent resident and residing abroad

The following immigration forms are required for spouses of permanent residents who reside abroad:

Filing fees if married to permanent resident and residing abroad

Expect to pay the following government filing fees:

• Step 1 (Form I-130): $625 if filing online, or $675 if filing by mail
• Step 2 (Forms DS-260 and I-864): $445
• Step 3 (Medical examination): varies in every country
• Step 4 (USCIS Immigrant Fee): $235

Checklist of documents if married to a permanent resident and residing abroad

You will need to submit copies of the following documents:

Average processing time if married to a permanent resident and residing abroad

On average, it can take anywhere from 18 months to 24 months to obtain an immigrant visa. The actual processing time depends on the following factors:

• USCIS service center processing time
• US Visa Bulletin
• How quickly petitioner and beneficiary provide the required documents
• NVC processing times

See Also:

Form I-130 Instructions

Form I-130 Checklist of Required Documents

DS-260 Form – Step-By-Step Guide