Green Card through Marriage

Green Card Through Marriage General Information: One of the most well-sought after methods of procuring a permanent resident status (a green card) is through a successful petition from close family members of relatives. Arguably the most well-known and most scrutinized close family relationship used in order to procure a green card is the marriage between a U.S Citizen and a foreign-born spouse, otherwise known as a green card through marriage. Additionally, a United States Permanent Resident can also sponsor his or her foreign spouse as a preference relative. If a United States Citizen desires to bring his or her foreign born fiancé(e) in order to get married in the United States and adjust the status to a permanent resident status after the marriage, it is possible to apply for a K-1 Fiancé(e) Visa.

The process to get a green card through marriage is probably one of the most difficult, confusing, and costly immigration processes. The United States Immigration Organization Green Card Through Marriage Information and Application Guide fully describes the categories of people who qualify for a green card through marriage in addition to the specific requirements for each group. The guide is carefully laid out and provides the reader a detailed guideline in the whole application process from start to finish. All the requisite forms and materials are included.

Green Card Through Marriage Additional Information: There are 450,000 visa petitions made annually by United States Citizens and Permanent Residents for their foreign born spouses to gain permanent residency. Note that spouses of United States citizens are considered immediate relatives under immigration law. There are currently no annual caps for green card petitions for immediate relatives. This means that an unlimited number of green cards can be issued to immigrants that are immediate relatives of United States Citizens.
On the other hand, spouses of green card holders are considered Preference Relatives in the second preference category. There is only a limited number of green cards available for these applicants, and the wait can sometimes be long. Therefore, to mitigate human error and to make the process as smooth and efficient as possible, please download the United States Immigration Organization Green Card Through Marriage Information and Application Guide for complete explanation and direction through all phases of the application process.

Remove Conditions on a Green Card Through Marriage

Non-citizens who have been married to a US citizen spouse for less than two years when granted permanent residence will receive permanent residence on a conditional basis. To remove conditions, the married couple have to show that the marriage was not entered only for immigration purposes. Proving that the applicant and his or her spouse has been living together and sharing financial and other matters is crucial. Documents include joint bank accounts, credit card statements, automobile and insurance policies in both names, and contracts showing that rent or home purchase was done under both spouses.

Note that both spouses are required to file the application to remove conditions jointly. An interview with a consular officer will then take place. Should a divorce occur or the US citizen spouse is unwilling to cooperate, the applicant has to prove one of the 3 following things to obtain a waiver of the requirement to file a joint petition:
1. The marriage was entered in good faith.
2. Deportation will cause the applicant extreme hardship.
3. The applicant was battered or subjected to extreme cruelty by the US citizen spouse.

For information on how to remove conditions on a green card procured through marriage and complete and detailed examples on how to obtain a waiver of the requirement to file a joint petition, please download the United States Immigration Organization Remove Conditions on Permanent Residence Information and Application Guide.