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:

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:

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:

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 Law Group for a consultation.