What Is A Marriage-Based Green Card?
A marriage-based green card is a type of U.S. permanent residency (green card) that is obtained through marriage to a U.S. citizen or a permanent resident. This process is officially known as the “Immediate Relative” ( IR-1 )category, and it allows the foreign spouse of a U.S. citizen or permanent resident to live and work permanently in the United States.
Steps To Get A Marriage-Based Green Card?
Here are the key steps involved in obtaining a marriage-based green card:
● Petition Filing: The U.S. citizen or permanent resident spouse must file a petition on behalf of their foreign spouse. The form is typically the I-130, Petition for Alien Relative. and there may be numerical limitations on the number of visas available.
● Approval of Petition: Once the petition is approved, it establishes the qualifying relationship between the petitioner and the foreign spouse.
● Visa Application: After the petition is approved, the foreign spouse applies for an immigrant visa. If they are already in the U.S., they may be able to adjust their status to that of a permanent resident without leaving the country and file concurrently with the petitioner’s filing. If they are outside the U.S., they will go through consular processing to obtain an immigrant visa.
● Conditional Residency (if applicable): If the marriage is less than two years old at the time the foreign spouse obtains permanent residency, they will receive a conditional green card. After two years, the couple must jointly apply to remove the conditions and obtain a permanent green card. A waiver can be applied in the event the couple aren’t together.
● Permanent Residency: Once the conditions are removed, or if the marriage has already lasted more than two years, the foreign spouse becomes a permanent resident of the United States and after certain conditions met, file for citizenship.
It’s important to note that immigration policies are constantly changing and hiring an immigration attorney or Immigration consultant like Proximate Consult will help with navigating through them.
