Introduction to Marriage-Based Green Card
Marrying a U.S. citizen can be a life-changing experience, and it also provides an opportunity to obtain a green card. The process involves several steps, including applying for a K-1 visa or CR-1/IR-1 visa, and then adjusting status to become a permanent resident.
To be eligible, the couple must demonstrate that their marriage is genuine and not entered into solely for immigration purposes. The U.S. citizen spouse must also meet certain income requirements to sponsor their foreign-born spouse.
K-1 Visa: Fiancé(e) of a U.S. Citizen
The K-1 visa, also known as the fiancé(e) visa, allows a foreign-born fiancé(e) to enter the United States for the purpose of getting married to a U.S. citizen. The couple must get married within 90 days of the foreign-born fiancé(e)'s entry into the United States.
After the marriage, the foreign-born spouse can apply for a green card through the adjustment of status process. This involves filing Form I-485 and attending an interview with U.S. Citizenship and Immigration Services (USCIS).
CR-1/IR-1 Visa: Spouse of a U.S. Citizen
The CR-1 and IR-1 visas are for spouses of U.S. citizens who are outside the United States. The main difference between the two visas is that the CR-1 visa is a conditional resident visa, while the IR-1 visa is an immediate relative visa.
The CR-1 visa is issued to spouses who have been married for less than two years, while the IR-1 visa is issued to spouses who have been married for more than two years. Both visas allow the foreign-born spouse to enter the United States as a permanent resident.
Adjustment of Status: Becoming a Permanent Resident
Adjustment of status is the process of applying for a green card while already in the United States. This process involves filing Form I-485 and attending an interview with USCIS.
The foreign-born spouse will need to provide documentation, such as a valid passport, birth certificate, and marriage certificate, to support their application. They will also need to undergo a medical examination and provide proof of vaccination.
Maintaining Permanent Resident Status
After obtaining a green card, the foreign-born spouse will need to maintain their permanent resident status. This involves complying with the terms of their green card, such as not abandoning their residence in the United States.
The foreign-born spouse will also need to renew their green card every 10 years, or apply for U.S. citizenship after meeting the eligibility requirements. They will need to file Form I-751 to remove the conditions on their residence if they were issued a CR-1 visa.
Frequently Asked Questions
How long does it take to get a green card through marriage?
The processing time can vary, but it typically takes around 10-12 months for the entire process, from filing the initial petition to attending the interview and receiving the green card.
Can I work in the United States while my green card application is pending?
Yes, you can apply for a work permit, also known as an Employment Authorization Document (EAD), while your green card application is pending.
Do I need to speak English to get a green card through marriage?
No, you do not need to speak English to get a green card through marriage, but you will need to demonstrate an understanding of the English language and U.S. civics during the naturalization process if you choose to apply for U.S. citizenship in the future.
Can I travel outside the United States while my green card application is pending?
Yes, but you will need to apply for advance parole, also known as a travel permit, before leaving the United States. This will allow you to re-enter the United States while your application is pending.
What happens if my marriage ends in divorce before I get my green card?
If your marriage ends in divorce before you get your green card, you may be eligible to apply for a waiver of the joint filing requirement. You will need to demonstrate that the marriage was entered into in good faith and that you are not at fault for the end of the marriage.
Can I apply for U.S. citizenship after getting a green card through marriage?
Yes, you can apply for U.S. citizenship after meeting the eligibility requirements, which typically include being a permanent resident for at least three years, being married to a U.S. citizen, and meeting the residency and physical presence requirements.