1. Green Card Application for Marriages outside the United States

If married outside the United States, the foreign spouse usually must remain in her or his country until she or he obtains the Green Card. In this case, the U.S. citizen needs to file an immigration petition and request that the U.S. Citizenship and Immigration Services to notify a U.S. Consulate in the country where the spouse lives. 

Once the immigration petition is approved, the National Visa Center of the U.S. State Department sends a forms and information package to the U.S. citizen's spouse. After the necessary forms are completed, the spouse goes to the U.S. Consulate overseas to apply for an immigrant visa. On the day that the spouse enters the United States on an immigrant visa, he or she becomes a U.S. permanent resident.

On the other hand, if the parties are not yet married, then the foreign fiancé(e) can enter the U.S. on the K-1 fiancé visa but is required to get married to the sponsoring U.S. citizen, and file the adjustment of status application. 

For the eligibility of the K-1 visa, the U.S. citizen must remain unmarried until the arrival of the fiancé(e) in the U.S., and the wedding must take place within 90 days of the fiancée's arrival if he or she is to remain in status. The U.S. citizen and the foreign fiancé(e) must have met personally at least once in the two years before the petition was filed.

2. Green Card Application for Marriages within the United States

The U.S. citizen needs to submit a visa petition to the appropriate USCIS Regional Service Center to prove that the marriage was not entered into for the sole purpose of obtaining a Green Card. The burden is on the parties to establish a real marriage. 

At the same time, the non-citizen spouse should submit an application for adjustment of status, photographs, and numerous other USCIS forms, plus USCIS filing fees. The spouse has not to wait for the immigrant visa number to become current before he or she may apply to adjust to permanent resident. 

The USCIS will schedule an interview and the timeframe depends upon the location. The Service Center can also process the employment card (EAD) and travel permit.