Green card through marriage

A spouse of a U.S. citizen may become legal permanent resident provided certain conditions are met. A spouse of a U.S. citizen is deemed an "immediate relative" meaning there is no cap or quota on how many visas can be issued in this category every year. Moreover, "immediate relatives" do not have to wait for years before their visa number may be available. 

Process of Green Card Through Marriage

The first and foremost condition of green card through marriage is that the marriage must be bonafide. Once you are married to a U.S. citizen (USC), the USC spouse must file I-130 petition for you. If the immigrating spouse legally entered the country e.g. on a visitor visa, and is still present in the country, he or she may be able to adjust their status.

Entry Without Inspection

If the immigrating spouse entered the country without inspection, then he or she may have to return to their country to obtain the visa. However, leaving the country may trigger a 3 or 10 year bar which will require a waiver. In certain limited circumstances, even if the immigrating spouse entered the country without inspection, he or she still may be able to adjust their status while in the U.S. without leaving the country or applying for the waiver.

Temporary Green Card

For marriages less than 2 years old, a green card with 2-year limit is granted. 90-days before the expiration of the temporary green card, I-751 (application for removal of conditions) must be filed. Once it is granted, the spouse will have a 10-year green card. 

SCHEDULE AN APPOINTMENT TODAY TO CONSULT WITH AN EXPERIENCED IMMIGRATION ATTORNEY.