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It is completely lawful to apply for a green card through marriage with a United States citizen or an existing Lawful Permanent Resident (green card holder).
Obtaining a green card through marriage can be fairly straightforward provided that you meet all of the necessary eligibility requirements, including demonstrating to USCIS that the marriage is legitimate and that the relationship is not intended simply as a means to acquire permanent residence.
If the marriage is to a United States citizen, then the foreign national spouse is considered an "immediate relative" for the purposes of immigration. The immigration process then becomes the same as it is for a Family Visa.
If the marriage is to Lawful Permanent Resident (green card holder) who is not a United States citizen then the process is a little more complex.
First, the spouse with permanent residency must submit a spousal petition which needs to be approved. The spousal applicant will then be advised via the National Visa Center / Department of State when a visa becomes available for them.
If the foreign national spouse is outside the U.S. when they receive the approval notice, they will need to visit a U.S. consulate to finish their visa processing. Visa numbers are not always immediately available and it can take some time for one to be issued.
You should be aware that your husband or wife may be required to leave the U.S. to avoid an unlawful overstay while they wait for their visa number to be issued.
In some cases a foreign national spouse may have additional options available to them when applying for a green card through marriage. Since this area of immigration law can be fairly complex we recommend working with an experienced immigration attorney to assist you through the visa process.
Even where a foreign national gets married to a US citizen while in removal (deportation) proceedings, the regulations offer an opportunity for proving that there is a valid and genuine relationship. There is, of course, a heightened level of suspicion in these cases, but if you can demonstrate by clear and convincing proof that you have a genuine and valid relationship you may still get a green card and avoid being deported by an immigration judge.
The K-1 non-immigrant visa is suitable for foreign nationals who are the fiancé or fiancée of an existing U.S. citizen. This visa permits the fiancé(e) to travel to the United States and marry his or her partner within 90 days of arrival. The applicant may then apply for an adjustment of status to become a permanent resident (green card holder).
There are certain requirements that must be met in order for a K-1 visa to be granted, and it should be noted that children of a K-1 visa applicant may also receive K-2 visas.
For further details regarding eligibility requirements and assistance filing a I-129F petition, please contact The Ram Law Firm and speak to one of our experienced K-1 Visa attorneys.
It should be noted that same-sex spouses of U.S. citizens and Lawful Permanent Residents (green card holders), along with their minor children, are now eligible for the same immigration benefits as opposite-sex spouses.
The Ram Law Firm has helped spouses and their families from countries across the world reunite with their loved ones here in the United States.
This area of immigration law can be fairly complex and so it is advisable to work with an experienced immigration attorney who can help you successfully navigate the legal requirements of marriage visas and fiancé visas.
Our team of professionals are readily available to help you. To discuss the specifics of your case, please request a consultation with one of our experienced attorneys using the form below. A representative will be in touch to schedule your consultation.
