If you are a New Zealand national who is married to a U.S citizen, you are eligible to apply for a marriage-based green card. This green card allows you to live and work in the United States indefinitely. In this article, we explain the application process step-by-step.
Who Can Apply for a Marriage-Based Green Card?
To get a green card through marriage, you must follow these rules:
Legal Marriage: You must be legally married. The marriage must be valid according to the laws of the country where you get married. You can get married in New Zealand, U.S. or any country in the world.
Bona Fide Relationship: You must show that your marriage to a U.S. citizen is real and was not entered into solely for obtaining immigration benefits. You must provide proof of relationship such as photos, joint bank accounts, and rental agreements.
Spouse’s Immigration Status: Your husband or wife must be a U.S. citizen and have supporting documentation (US birth certificate, US naturalization certificate, or a US passport).
How to apply for a marriage-based green card
The immigration process depends on where the foreign spouse is currently residing – in the U.S. or New Zealand.
If You Are Already Located in the U.S.:
- Form I-130—This form is submitted electronically by your U.S. citizen spouse to start the process.
- Form I-130A – This form is completed by the spouse beneficiary (New Zealand national)
- Form I-485—This is your green card application and you can file it after complying with the 90-Day Rule
- Form I-864—This form establishes your U.S. citizen spouse can support you financially
- Form I-693—This is your medical exam report that is completed in the US by a USCIS-authorized doctor
- Form I-765 (Optional) – This form lets you to apply for a work permit while you wait for your green card to be processed
- Form I-131 – (Optional) This form lets you travel internationally while your permanent residency application is pending
If You Live in New Zealand:
Step 1
To start the process, file two immigration forms with the US Citizenship and Immigration Services:
- Form I-130 – Submitted by your U.S citizen spouse online
- Form I-130A – Submitted by applicant (foreign spouse applying for immigrant visa)
Step 2
After Form I-130 is approved which takes about 1 year, applicant submits the following immigration forms:
- Form DS-260: Online immigrant visa application
- Form I-864: Also known as “Affidavit of Support” which must be signed by your US citizen spouse
- Medical Exam: Can be completed with an approved doctor in Auckland, New Zealand. Follow the S. Consulate General Auckland instructions.
Step 3
The last step of the application process is attending your immigrant visa interview at the US Consulate in Auckland, New Zealand. If approved, a US visa will be stamped in your passport which is valid for 6 months.
What is the estimated time in 2025?
The processing timeline varies based on whether your spouse is a U.S citizen or green card holder and where you reside:
- Married to U.S citizen, residing in the U.S: 10 to 15 months
- Married to green card holder, living in the U.S: 18 to 30 months
- Living abroad, married to U.S citizen: 12 to 18 months
- Living abroad, married to green card holder: 24 to 36 months
The process might be delayed if your documents are incomplete or if USCIS or the U.S Consulate are backlogged.
Tips to Make Your Marriage-Based Immigration Process Smooth:
- Double-check all forms before sending
- Include every document asked for
- Make copies of everything you submit
- Be honest and clear in your answers
- Attend all interviews and respond to notices on time
- If your case is complicated, it’s a good idea to talk to an immigration lawyer.
