Marriage is often seen as the primary pathway to a U.S. Green Card.
However, marriage is not the only route to lawful permanent residence in the United States.
Unmarried individuals can choose among several options. An EB-5 visa is an especially popular choice for those with significant investment capital, and offers a fast pathway to lawful permanent residence.
In this article, we will answer a common question among prospective immigrants to the United States: “What are the options for a Green Card application without marriage?”
What Is a Green Card?
Family-Based Green Cards
Employment-Based Green Cards
- First-Preference EB-1 (Individuals with Extraordinary Ability)
- Second-Preference EB-2 (Advanced Degree Holders or Exceptional Ability)
- Third-Preference EB-3 (Skilled Workers, Professionals, Unskilled Workers)
- Fourth-Preference EB-4 (Special Immigrants)
- EB-5 Immigrant Investor Green Card (Immigrant Investors)
- Special Immigrants Green Card
- The Diversity Immigrant Visa Lottery
Determining Which Green Card Option Is Right
Forms and Paths to a Green Card Without Marriage
- Option 1: I-140, Immigration Petition for Alien Worker
- Option 2: I-360, Petition for Special Immigrants, Amerasians, Widows or Widowers
- Option 3: I-130 (Petition for Alien Relative)
- Option 4: I-526E (Immigrant Petition by Regional Center Investor)
Necessary Supporting Documents
Consular Processing
Count on EB5AN to Help You Get a Green Card
What Is a Green Card?
First, let’s define what a Permanent Resident Card (often referred to as a Green Card) is.
Issued by the U.S. government, this identification document grants significant benefits to foreign nationals, including:
✔️The rights to live permanently and work legally in the United States.
✔️The ability to travel within the United States (with some restrictions).
✔️A pathway to eventual U.S. citizenship (after meeting eligibility requirements).
💡Expert Insight:
The number of Green Card applications has skyrocketed, from 10 million in 1996 to more than 34 million during just the first few months of 2024.
The U.S. government will approve about 1.1 million applications this year. Only about 3% of applicants will receive a Green Card. The rest will face long wait times or potential rejection.
To increase your chances of successfully becoming a lawful permanent resident, you must choose the correct pathway for yourself and your family.
Types of Green Cards
The United States issues Green Cards in several categories. Here’s a breakdown of the main ones:
➡️Family-based Green Cards for relatives.
➡️Employment-based Green Cards for those seeking employment in the United States.
➡️Diversity Immigrant Visa (Lottery) Green Cards for applicants from countries with historically low immigration rates to the United States.
➡️Special categories of immigrants, which include refugees, asylees, and some longtime U.S. residents.
We’ll discuss these categories in more detail below.
Family-Based Green Cards
A family-based Green Card is available to immediate relatives of a U.S. permanent resident or citizen. These include their spouse, dependents, siblings, and parents.
This category allows U.S. citizens and lawful permanent residents (Green Card holders) to sponsor certain family members for permanent residency. It’s divided into two main sections:
Immediate Relative (IR)
- IR-1: Spouses of U.S. citizens.
- IR-2: Unmarried children (under the age of 21) of U.S. citizens.
- IR-5: Parents of U.S. citizens (U.S. citizens must be at least 21).
Family Preference (F)
- F1: Unmarried children of U.S. citizens (21 years or older).
- F2A: Spouses and children (under 21) of lawful permanent residents.
- F2B: Unmarried children (21 or older) of lawful permanent residents.
- F3: Married children of U.S. citizens (any age).
- F4: Siblings of U.S. citizens (citizens must be at least 21).
This table outlines different family-based Green Card eligibility categories and estimated wait times for each:
| Category | Relationship to Sponsor | Wait Times |
|---|---|---|
| Immediate Relative (IR) | Spouse of U.S. citizen (inside the United States) | 10-23 months |
| Spouse of U.S. citizen (outside the United States) | 13.5-15 months | |
| Parent of U.S. citizen (over 21) | 1-2 years | |
| Unmarried child under 21 of U.S. citizen | 1-2 years | |
| Family Preference (F) | Spouse of lawful permanent resident (inside the United States) | ~2 years + processing (13.5-20.5 months) |
| Spouse of lawful permanent resident (outside the United States) | ~2 years + processing (29-40 months) | |
| Minor (under 21) child of lawful permanent resident | ~2 years + processing time | |
| Unmarried adult child of U.S. citizen | 7-8 years (longer for Mexico, Philippines) | |
| Unmarried adult child of lawful permanent resident | 8-9 years (longer for Mexico, Philippines) | |
| Married adult child of U.S. citizen | 13-14 years (longer for Mexico, Philippines) | |
| Sibling of U.S. citizen | 14-16 years (longer for India, Mexico, Philippines) |
These processing times are subject to change. For the most up-to-date information, visit the United States Citizenship and Immigration Services (USCIS) page for processing times.
Family-based Green Cards are the simplest way to get a Green Card, but most foreign nationals who apply for an immigrant Green Card do not have familial or marriage ties to someone already residing long-term in the United States.
As such, some immigrants might first seek a spouse from the United States. USCIS must be convinced of the marriage’s integrity and affection, and might ask friends and relatives of the married persons about the relationship.
Marriage-based Green Cards may not be a viable option for many individuals interested in immigrating. But there are other options.
We’ll discuss these below.
💡Key Point: We recommend finding good legal counsel with a background in immigration law when trying to get a Green Card.
Such a lawyer will assist in selecting the appropriate Green Card application for each foreign citizen, so the applicant is best prepared for and likely to receive approval of their petition.
Employment-Based Green Cards
Each of the five categories of employment-based Green Card programs below has its own specific requirements:
- EB-1 (first preference).
- EB-2 (second preference).
- EB-3 (third preference).
- EB-4 (fourth preference).
- EB-5 (investment-based fifth preference).
A foreign citizen already living and working in the United States can talk to their employer about trying to get a Green Card.
An employer, prospective employer, or attorney can file a Green Card petition on behalf of the immigrant after the immigrant receives a job offer.
It is critical to ensure that all documents for employment-based visas are accurate when submitted to USCIS to reduce the risk of delays.
First-Preference EB-1 (Individuals with Extraordinary Ability)
EB-1 Green Cards offer a path to permanent residency for extraordinary individuals. This category is divided into three subcategories:
Individuals With Extraordinary Ability (EB-1A)
This is for those at the top of their field in science, art, education, business, or athletics, with sustained national or international acclaim.
💡Key Point: How to prove extraordinary ability
Here’s a summary of the criteria for demonstrating extraordinary ability to qualify for an EB-1A Green Card:
If you’ve received a top internationally recognized award (think Nobel Prize, Pulitzer, Olympic medal, etc.), this alone can suffice.
If you don’t have a single major award, you need to provide evidence for at least three of the following:
- Received other recognized awards in your field.
- Member of prestigious associations requiring outstanding achievement.
- Featured in major professional publications or media.
- Judged the work of others in the field.
- Made original and significant contributions to your field.
- Published scholarly articles in major publications.
- Your work has been showcased in artistic exhibitions.
- Played a critical role in distinguished organizations.
- Command a high salary compared to others in your field.
- Demonstrated commercial success in the performing arts.
Outstanding Professors and Researchers (EB-1B)
This recognizes individuals with a worldwide reputation of excellence in a specific academic field. They are typically employed by universities or research institutions.
ℹ️For more information on the EB-1 visa category, see the USCIS First Preference EB-1 Guide.
Multinational Managers and Executives (EB-1C)
This applies to executives or managers being transferred to the U.S. by a multinational company where they’ve worked in a managerial or executive capacity for at least one of the past three years.
Second-Preference EB-2 (Advanced Degree Holders or Exceptional Ability)
EB-2 Green Cards are best suited to the following types of immigrant visa applicants:
➡️Professionals With Advanced Degrees: Requires a master’s degree (or foreign equivalent) or a bachelor’s degree plus at least five years of progressive experience in the field. Usually requires a job offer.
➡️Exceptional Ability: For those with exceptional ability in the sciences, arts, or business. Also usually requires a job offer.
💡Key Point: National Interest Waiver (NIW)
This is a specialized subset of EB-2 where individuals can self-petition if their work is deemed in the national interest. Without a NIW, an applicant must have a job offer to qualify for an EB-2 or EB-3 visa.
Third-Preference EB-3 (Skilled Workers, Professionals, Unskilled Workers)
The EB-3 visa is for these non-U.S. citizens:
➡️Skilled Workers: Positions requiring at least two years of training or experience.
➡️Professionals: Jobs requiring a U.S. bachelor’s degree or foreign equivalent.
➡️Unskilled workers: Positions requiring less than two years of training or experience.
Fourth-Preference EB-4 (Special Immigrants)
The EB-4 visa covers a variety of employment positions. This diverse category includes:
➡️Religious Workers: Such as ministers or other religious professionals working for a bona fide non-profit religious organization.
➡️Broadcasters: Working for the Broadcasting Board of Governors or designated grantee.
➡️Former U.S. Government Employees: Individuals who’ve served honorably in various roles.
➡️Certain Others: Includes Iraqi/Afghan translators and physicians who’ve served in underserved areas.
➡️Armed Forces Members: Current or former members of the U.S. Armed Forces who meet certain criteria, including having served honorably for at least 12 years.
It would be wise to consult with an immigration lawyer if you think any of these Green Card categories suits your needs.
EB-5 Immigrant Investor Green Card (Immigrant Investors)
The EB-5 Immigrant Investor Program is for foreign entrepreneurs with sufficient investment capital to put into a qualified U.S. business. Here are some of the primary requirements for the EB-5 investment program:
- Initial minimum EB5 investment of $800,000 or $1,050,000, depending on the type of project chosen.
- The business must produce and sustain at least 10 U.S. jobs for at least two years.
- Timely submission of accurate documentation to USCIS.
Most EB-5 investments are made through EB-5 regional centers, which pair immigrant investors with projects.
There are many advantages to investing in a regional center project, including being able to count induced and indirect jobs within the total count of 10 created jobs.
Special Immigrants Green Card
The Special Immigrant Visa Program is geared toward Afghani or Iraqi nationals. A foreign citizen of Afghanistan or Iraq must be under great personal duress or hardship, an employee of the U.S. government, or have performed some remarkable service to the United States to apply for a special immigrant Green Card.
Required papers for the special immigrant Green Card include letters of recommendation, biographical documents, Chief of Mission (COM) written approval, and a medical waiver. A final interview with USCIS is also necessary.
The Diversity Immigrant Visa Lottery
Every year, 50,000 Green Cards are reserved for nationals from countries with lower rates of immigration application. The Diversity Immigrant Visa (DIV) Program was established to allow them a chance for U.S. residency and possible citizenship.
Only those with certain skill sets or education are eligible for what is essentially a Green Cards lottery. Qualified recipients are chosen at random.
If a foreign citizen wins a diversity visa while legally residing in the United States with non-immigrant status, they will receive notice of when they can file their Green Card application. They must then submit Form I-485 (Application to Register Permanent Residence or Adjust Status) to USCIS for processing.
Determining Which Green Card Option Is Right
Those who are trying to find out how to relocate to the United States without a marriage-based Green Card should seek the advice of an immigration attorney. Most lawyers offer free consultations. An immigration lawyer with EB-5 experience is essential for an alien investor.
To determine which visa category is best for you, consider these before applying:
- Personal achievements.
- Education or advanced degrees.
- Valuable skill sets.
- Teaching or job experience.
- Length of available wait time.
- Eligibility of other family members.
- Specific program requirements.
- Income level.
- Filing fees.
Forms and Paths to a Green Card Without Marriage
Some of the most common petitions encountered during the Green Card application process are the I-140, I-360, I-130, and I-526E forms. Required form(s) vary depending on the pathway selected.
Option 1: I-140, Immigration Petition for Alien Worker
Form I-140 (Immigration Petition for Alien Worker) is an employee-based form intended for a person of remarkable talent who wants to work and live in the United States with the sponsorship of a U.S. employer.
The I-140 applies to the EB-1 (extraordinary ability, professors/researchers, multinational executives), EB-2 (advanced degree or exceptional ability), and EB-3 (skilled, professional, other workers) categories.
A PERM labor certification is usually required for EB-2 and EB-3 applications. A foreign worker who is at least one of the following may qualify:
- A person with extraordinary skills.
- A professor or researcher of great note.
- A manager or business executive for a qualified U.S. business.
- A recipient of an advanced academic degree.
- An applicant for a job that cannot be filled by U.S. applicants.
💡What Is a Permanent Labor Certification?
PERM Labor Certification is a crucial step in the employment-based Green Card process for many EB-2 and EB-3 visa applicants. This certification, obtained from the U.S. Department of Labor, aims to protect U.S. workers by ensuring there are no qualified, willing, and able U.S. workers available to fill the position for which the foreign national is being sponsored.
Option 2: I-360, Petition for Special Immigrants, Amerasians, Widows or Widowers
Form I-360 is for:
- Special immigrants.
- Amerasians.
- Widowed persons of U.S. citizens or residents.
- Foreign nationals who meet the eligibility requirements above for an EB-4 Green Card.
Option 3: I-130 (Petition for Alien Relative)
Alien relatives of those who have lawful residency in the United States can gain Family-Based Green Cards via Form I-130 (Petition for Alien Relative) without being married.
This is the initial form of establishing a qualifying family relationship with a U.S. citizen sponsor. It’s most commonly used by citizens’ spouses and children (married or unmarried) but also applies to:
- Siblings of U.S. citizens (citizens must be over age 21).
- Parents of U.S. citizens (citizens must be over age 21).
Typically, the U.S. citizen sponsor files the I-130 on behalf of their foreign national relative.
In special circumstances, a relative of a U.S. citizen can directly file their petition. Those who are eligible include:
- Widows/widowers of U.S. citizens (within a certain timeframe).
- Victims of abuse by a U.S. citizen spouse or parent (under the Violence Against Women Act).
Option 4: I-526E (Immigrant Petition by Regional Center Investor)
Form I-526E is the first application an investor must submit to USCIS under the EB-5 Immigrant Investor Program application process. This happens after an EB-5 investment has been made in a new commercial enterprise (NCE). The application must prove that this business will produce and sustain at least 10 full-time U.S. jobs for two years.
Once the I-526E petition is approved, the immigrant investor will file for a conditional permanent residency card. If they are residing in the United States at that time, they must file Form I-485. If outside of the United States, they will file Form DS-260.
After Form I-485 or Form DS-260 is approved and the EB-5 investor has received their conditional lawful permanent residence, a two-year waiting period begins. During this period, the immigrant has the right to live, work, and travel in the United States and must spend at least half of that time physically present in the United States.
During the ninety days before the end of the two-year period, they must file Form I-829 (Petition by Investor to Remove Conditions on Permanent Resident Status) to USCIS. Approval will lift conditions on their lawful permanent residency.
Necessary Supporting Documents
Certain documents accompany the Green Card application, and can include:
- Recent photographs.
- Biographical information.
- Birth certificate.
- Academic records.
- Financial statements.
- Work history.
- Criminal activity.
- Recommendations of character.
If the above documents are incomplete or inaccurate, final adjudication may be delayed or denied. It’s a good idea to seek professional assistance.
Consular Processing
If a foreign national is outside the United States while filing for permanent U.S. residency, they must conduct the process with a U.S. consulate or embassy nearby. Consular processing entails personal interaction and interviews with government officials in the home country.
It is important to be transparent throughout the process, especially regarding personal health or criminal history.
Count on EB5AN to Help You Get a Green Card
If you want to become a U.S. Green Card holder without having to rely on marriage, consider the options we’ve described to gain lawful permanent resident status.
The EB-5 program is an especially fast and reliable pathway to lawful permanent resident status for those with the required investment capital. However, don’t pursue this investment-based Green Card by yourself. For the best chance of approval, work with experienced professionals. They can answer your questions about everything from selecting immigration lawyers to how to get a Green Card in USA without marriage.
EB5AN has helped more than 2,300 families from 60 countries relocate to the United States as lawful permanent residents. Our expert team has more than a decade of experience, and offers clients first-rate, low-risk EB-5 regional center projects with a 100% USCIS project approval rate to date.
Book a free call with us today to learn more.
