Marriage Green Card | Marriage to US Citizen

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CIPOLLA & PELUD P.C.
IMMIGRATION LAW FIRM
CONNECTING IMMIGRANTS TO AMERICA

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 change their 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 is
legitimate 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 lawfully admitted to the
United States on an immigrant visa or pursuant to change of status.
Removing The Two Year Conditional Permanent Residence
Immigration law presumes 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 for immigration
purposes.

Methods For Removing Conditional Residence

The following are methods of removing conditional 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 got 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
Cipolla & Pelud P.C. for a consultation.

Legal Notice

Cipolla & Pelud P.C. is a Chicago, US based law firm specializing in immigration law along with protecting and asserting the rights of immigrants in areas beyond immigration law. Immigration law is federal in nature.
Cipolla & Pelud P.C. does not claim expertise in the laws of states or countries other than where our attorneys are licensed. Cipolla & Pelud P.C. retains clients only after following specifically stated immigration
consultation procedures. The information contained on this website is intended to provide general education to its users and is not intended to provide solutions to specific problems, facts, or cases. Users of this website
are not encouraged to resolve individual immigration issues on the basis of information contained herein and are strongly advised to contact an immigration lawyer. Please contact Cipolla & Pelud P.C. so that we
may consult with you based on your specific immigration issue or other legal issue.

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