Green Card Marriage

A permanent immigrant visa through marriage falls under the Immediate Relative category. Immediate relatives of US citizens are given particular preference and they are permissible to immigrate in unlimited numbers. Spouses of U.S. citizens, along with their unmarried children (under 21 years of age) and parents all drop under this Immediate Relative category.

In order to file an application for a permanent immigrant visa for your wife or husband, your relationship with your spouse must be accordingly established. A petition cannot be filed for a spouse until the marriage ceremony has taken place and appropriately registered with a government body. Spouses of U.S. Citizens would fall beneath the Immediate Relative Category.

The first step in applying for a permanent immigrant visa is for the U.S. citizen (petitioner) to file an permanent immigrant visa petition with Form I-130, with the Department of Homeland Security, U.S. Citizenship and US immigration Services (USCIS). While the petition is awaiting and if the petitioner is a U.S. Citizen, the spouse can concern for a non-immigrant K-3 visa which would allow him or her to live and work in the USA.

For Green Card Holders petitioners, this process can be done through the V Visa.

In case the petitioner is a US Citizen, the spouse is considered an immediate relative and is immediately eligible for an permanent immigrant visa if the petition is approved.

In case the petitioner is a permanent resident. When the visa petition is accepted and when a permanent immigrant visa number becomes available, he or she may use the Form I-485 to apply to adjust his or her status to that of a lawful permanent resident.

The spouse would receive permanent resident status on a conditional basis only if the petitioner has been married less than two years. In order to remove the conditional status, both must apply within 90 days before the 2nd year anniversary of the date of the spouse's uncertain legal permanent resident status.

The child of a spouse who enters the U.S. on a K-2 visa would need a separate Form I-130-Petition for Alien Relative, and Form I-485,-Application to Register for Permanent Residence or to Adjust Status. A child must be under the age of 21 and unmarried. The stepparent/stepchild relationship must be created before the child reaches the age of 18.

NOTE-Getting permanent residence through marriage to a U.S. citizen requires a clear understanding of the various routes available to foreign national fiancés and spouses. To decide on the easiest and fastest route, one must consult an attorney who is expert in all these matters.

Spouses of U.S. Citizens or green card holders fall under the immediate relative category and they do not suffer the drawback of quota per year. Green card marriage visa per year is unlimited. With increasing freedom in communication over the internet many U.S. citizens find their dream couple from overseas; at least 400,000 U.S. citizens marry foreign nationals per year and file I-130 for green card marriage visas.

The application process for green card marriage is not a single patented process. There are a variety of sub-forms to be processed because each marriage is between different nationalities and a complicated list of nationalities and communities are involved in green card marriage entitling a matrix of visa processing. The process is considerably costly too!

Before applying for green card marriage if the foreign spouse has no temporary visa K-1 fiancée fiancé form can be processed so that the person can initially enter the U.S. for marriage in a temporary visa; there are different papers to be forwarded for green card marriage.

A totally varying set of process is involved for the following styles:

Marriages that took place out of the United States.

Marriages that took place in the United States.

For marriages between permanent U.S. citizens and temporary visa holders.

Green card marriage of foreign national after divorce.

Green card marriage of foreign national after death of spouse.

Green card marriage of foreign national with children from a previous marriage, separate forms should be filed for such children for children of fiancée fiancé.

Prospective husbands or wives of U.S. citizens are eligible to apply for K-1 visa. Children of such prospects who are minors are also eligible to apply for K-2 visa to reside in the U.S. The U.S. citizen in such cases should apply a petition I-130 for the K-1 process and K-2 process separately.

Once the K-1 and K-2 visa is approved the visa can be stamped duly in the respective passports from the consulate situated in the country of origin of spouse or AOS as needed. Any K-1 holder is still a temporary resident of the country until the marriage actually takes place. And any visa issued for the marriage cannot be extended beyond 90 days; however a conditional green card marriage visa is issued in most such cases after events of marriage until proper verification is confirmed satisfactory to government norms and before finally the spouse becomes an U.S. citizen.