Marriage Green Card

Marriage Green Card

Marriage for love to a US Citizen can lead to obtaining a green card.The rules surrounding marriage and green cards are detailed and complex, and largely depend upon the location of where the marriage took place

Marriage Within the United States

A Green Card may be obtained if a foreign resident and a United States citizen married in the United States. Under these circumstances, an applicant may be eligible to apply to Adjustment of Status to a lawful permanent resident (green card). During the application for a green card, the applicant can also apply for a work permit along with a permit to leave and re-enter the United States (Advanced Parole).

Marriage Outside of the United States

If the marriage between the foreign resident and the United States Citizen took place outside of the United States, the applicant will need to apply for a K3 Visa (K4 Visa for Applicant’s children unmarried and under the age of 21) to await processing of the Green Card Application within the United States. Additionally, the applicant can also apply for a work permit along with a permit to leave and re-enter the United States (Advanced Parole).

Requirements For Marriage Green Card:

Valid Recognized Marriage Between Foreign Applicant and US Citizen
Marriage in existence – i.e. not legally terminated (Parties do not have to live together)
The US citizen must provide an affidavit of support, guaranteeing the support the immigrant spouse for at least 10 years or until the beneficiary becomes a US citizen. In guaranteeing this support, the sponsor must meet the annual income requirement of 125% of the current federal poverty guidelines or show that he or he has enough assets to support the immigrant spouse. If the sponsor cannot meet this income requirement, then the sponsor may find other joint sponsors
Marriage must not be a sham and just for immigration purposes
USCIS Factors For Determining Legitimate Marriages

The USCIS uses several factors in determining whether a marriage islegitimate and not just for immigration purposes which are:

Whether the couple have known each other for a reasonably long time
The frequency of meetings of the couple prior to the marriage
Whether the couple has lived together in the past or presently live together
Whether the couple married only after one party became the subject of an investigation, removal, or deportation proceedings by the USCIS. An immigration petition may not be approved for the alien who was married after the commencement of removal, exclusion, or deportation proceeding until the alien has resided outside the U.S. for at least two years, unless the alien spouse can prove the marriage was a good faith marriage and not solely for immigration purposes
Whether the couple comes from diverse cultural background or speaks a common language
Marriage Green Card & Two Year Conditional Permanent Residence

A green card received by the spouse of a US Citizen is usually conditional for the first two years from the date he/she lawfully admitted to the United States on an immigrant visa or pursuant to adjustment of status. The reason for this two year condition is to ensure that the marriage was not entered solely for the purpose of gaining permanant citizenship in the US. In fact, Immigration law does presume marriage was entered into for the purpose of immigration. Consequently, the US Citizen Spouse and conditional resident must prove that they did not get married solely for immigration purposes.

Methods For Removing Conditional Residence

The following are methods of removing conditional permanent residence:

You are still married to the same U.S. citizen or lawful permanent resident after two years (your children may be included in your application if they received their conditional resident status at the same time that you did or within 90 days);
You are a child and cannot be included in the application of your parents for a valid reason;
You are a widow or widower of a marriage that was entered into in good faith;
You entered into a marriage in good faith, but the marriage was ended through divorce or annulment;
You entered into a marriage in good faith, but either you or your child were battered or subjected to extreme hardship by your U.S. citizen or lawful permanent resident spouse;
The termination of your conditional resident status would cause extreme hardship to you;
Foreign Resident Marriage to a Lawful Permanent Resident

A U.S. permanent resident may petition for his alien spouse, however, it is usually a significantly longer process. The alien spouse of a U.S permanent resident is categorized as a beneficiary of Second Preference A under the family based immigration discussed under Family Green Cards.

Marriage and Green cards is an extremely complex and detailed area of immigration law. If you are considering marriage or are married, contact the Law Offices of Ashley Dworsky for a consultation.