{"id":2762,"date":"2019-02-06T17:37:47","date_gmt":"2019-02-06T17:37:47","guid":{"rendered":"http:\/\/hinzmanflory.com\/?p=2762\/"},"modified":"2019-02-06T17:38:24","modified_gmt":"2019-02-06T17:38:24","slug":"how-to-apply-for-a-green-card-through-marriage-to-a-u-s-citizen","status":"publish","type":"post","link":"http:\/\/hinzmanflory.com\/es\/how-to-apply-for-a-green-card-through-marriage-to-a-u-s-citizen\/","title":{"rendered":"How to Apply for a Green Card Through Marriage to a U.S. Citizen"},"content":{"rendered":"
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Marriage to a U.S. citizen is one of the most common ways that non-citizens obtain their green cards in the U.S. \u00a0Naturally, the law the requires that the marriage be a legitimate one based on a bona fide intent of the spouses to start a life together. \u00a0Marriages entered solely to circumvent the immigration laws are considered fraudulent by the U.S. government and can form the basis for criminal prosecution and deportation. \u00a0So don’t do it!<\/p>\n

With that said, there are two main ways to get a green card through marriage to a U.S. citizen. \u00a0One method\u00a0is called adjustment of status. \u00a0The second method\u00a0is called consular processing. \u00a0The main difference between the two is where the green card process takes place.<\/p>\n

Both processes require the U.S. citizen to file a form called an I-130, which is a petition\u00a0asking the U.S. government to recognize that a valid marriage exists between the citizen and non-citizen. \u00a0Keep in mind that approval of the I-130 does not, by itself, grant the non-citizen any kind of immigration status in the U.S. \u00a0It just means that the non-citizen can move forward\u00a0with the rest of the green card application process.<\/p>\n

Adjustment of status is the preferred method of applying for a green card when the non-citizen spouse is already in the U.S. at the initiation of the process.\u00a0 As long as the non-citizen entered the U.S. legally and has not committed any disqualifying acts, the I-130 can be filed concurrently along with the green card application itself (Form I-485)\u00a0and the other required supporting documentation. \u00a0This is the case even if the non-citizen spouse has overstayed his or her most recent period of authorized stay in the U.S. (ex: the non-citizen was given 6 months to stay in the U.S. as a visitor and stayed longer than that). \u00a0It should be noted that once the adjustment of status application is filed, the application will normally be deemed abandoned if the applicant\u00a0leaves the U.S. while the application is pending. However, this situation can be avoided if the non-citizen applies for what is called an \u00abadvance parole\u00bb document (colloquially referred to as a temporary \u00abtravel permit\u00bb). \u00a0A request for advance parole can be filed along with the green card application (notably, those currently in the U.S. on H1B, L, or K3\/4 status do not need advance parole to travel after applying for adjustment of status; their adjustment applications will not be deemed abandoned upon departure). \u00a0It is also common for green card applicants to apply for a temporary work permit at the time they file for their green card. \u00a0When both a temporary work permit and advance parole\u00a0are requested at the time of filing the green card application, they will be issued together on a single \u00abcombo card\u00bb about 90 days after the green card package is filed with the government. \u00a0The applicant can then use the combo card to work in the U.S. and travel in and out of the country while the green card application is pending. \u00a0Once the green card is issued, the work permit and travel permit become void, and the non-citizen simply uses the green card for work and travel.<\/p>\n

Consular processing is the applicable procedure when the non-citizen spouse is outside the U.S. at the time the green card process is initiated. \u00a0The term \u00abconsular processing\u00bb\u00a0simply refers to the process of applying for a green card through a U.S. embassy or consulate in a foreign country.\u00a0 The process begins with the filing of the I-130 by the U.S. citizen spouse. \u00a0Once approved, the applicant and his or her spouse must file a number of supporting documents with the National Visa Center (an organ of the U.S. Department of State). \u00a0In consular processing, the green card application is an online form called the DS-260\u00a0which is filed through the Department of State’s website. \u00a0Unlike the I-130 and I-485 in the adjustment of status of process, the I-130 and DS-260 cannot be filed concurrently. \u00a0The I-130 must be approved first, then the DS-260 can be filed. \u00a0The non-citizen spouse will be scheduled for an interview at the local U.S. embassy or consulate. \u00a0Upon approval of the DS-260, an \u00abimmigrant visa\u00bb will be placed in the non-citizen’s passport. \u00a0This immigrant visa allows the non-citizen to travel to the U.S., and upon entry the non-citizen will be accorded status as a lawful permanent resident (i.e. a green card holder). \u00a0The physical green card itself is mailed to the newly minted permanent resident\u00a0upon payment of a small fee which is paid after the non-citizen arrives in the U.S.<\/p>\n

A few other important points to keep in mind: \u00a0(1) For couples married less than two years at the time permanent resident status is issued to the non-citizen, he or she will be accorded \u00abconditional\u00bb permanent resident status rather than full permanent resident status. Conditional permanent residents have all the same rights and privileges as full permanent residents, except their status is only valid for 2 years (full permanent residents have indefinite permanent resident status and cards that only need to be renewed every 10 years). \u00a0In the 90 day window preceding expiration of the conditional permanent resident card, the U.S. citizen and non-citizen spouse must file a joint petition to remove the conditions on the non-citizen spouse’s permanent resident status. \u00a0Upon approval of that petition, the conditional resident status will be converted to full permanent resident status. \u00a0(2) \u00a0Criminal history, prior U.S. immigration violations, and a host of other issues can complicate the green card application process. \u00a0Some situations may necessitate the filing of a waiver. \u00a0Any complexities in your personal history should be discussed with an experienced immigration attorney prior to applying for your green card.<\/p>\n<\/div>

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