Can I Obtain Permanent Residence Through Marriage To A U.S. Citizen?

There are a number of methods under U.S. immigration law by which citizens of other countries, or aliens, can enter this country.  Immigration law divides those applicants into two categories, permanent residents with green cards and visitors with temporary visas.  According to immigration law, those holding green cards can remain in this country indefinitely with only a few restrictions.  immigration lawyers are the most knowledgeable about U.S. immigration laws and the methods one would apply for the appropriate status.

There are several purposes, which immigration law allows aliens to obtain green cards including reuniting families, filling understaffed jobs, and investing in the American economy.  Immigration law establishes reuniting families as the first priority for petitions for green cards submitted by applicants and their immigration law firms.  Moreover, while most categories of immigrants have quotas for green cards, immediate family members do not.  With the help of an immigration lawyer, family members should be able to obtain green cards and enter this country more quickly than others under current immigration law. 

Obtaining Spousal Green Cards through Citizens   

Immediate family members of U.S. citizens, including spouses, are the first priority under immigration law for obtaining green cards.  Immigration law defines a spouse as an immediate family member who is legally married to a citizen or permanent resident.  That marriage relationship must be firmly established before spouses can be granted green cards under immigration law, and an immigration attorney can help provide the necessary evidence.

The first step in obtaining a green card as the spouse of a citizen or permanent resident is for the sponsor to file a petition, usually with the help of an immigration law firm.  Immigration law requires that petitions include proof of the marriage relationship and be filed, often by an immigration attorney, with the U.S. Citizenship and Immigration Service (USCIS).  Immigration laws also require other applications and forms in obtaining spousal green cards, often requiring the help of an immigration law firm. 

Once the applications of sponsors are approved, immigration law requires the alien spouses and their immigration lawyers to either finish the paperwork at the American consulate in their country, or if they are already in the States, to complete the appropriate paperwork for obtaining green cards with the help of immigration law firms.

Obtaining Spousal Green Cards through Permanent Residents

When spouses of U.S. permanent residents seek to enter this country, immigration law considers them members of “preference categories,” with only a slightly lower priority than that of U.S. citizens.  With the help of immigration law firms, spouses with green cards must “sponsor” or apply for green cards for their alien spouses.  Applications for spousal green cards must show evidence of an established marital relationship, which can be expedited with the help of an immigration lawyer. 

Once applications for green cards are approved, the sponsor and their immigration lawyer are notified when a visa number becomes available under immigration law quotas.  Then the applicant and their immigration law firm complete their paperwork.  If they are living outside the U.S., they do so at the American consulate, receive their green cards, and enter the country.  If they are already legally living in this country, they and their immigration lawyer finish their paperwork and have their status changed, granting their green cards.

In some cases, applicants must wait for a visa number.  The next step for these applicants and their immigration law firms under immigration law can be one of the following:

• Spouses living in the United States may have to leave and wait in their home country if their temporary visa expires
• Spouses living outside the country may apply for a non-immigrant visa to live and work here while their visa is pending.  Their immigration law firm should help them apply
• Spouses living outside the U.S. may choose to wait in their native country

Other Conditions for Spousal Green Cards

Immigration law allows permanent residents who received their green cards after they were married to an alien to bring that spouse to this country under following-to-join benefits, expediting the approval process.  An immigration law firm can help couples learn if they are eligible under immigration law.

For married couples that file for permanent resident status less than two years after their marriage, immigration law states that they can hold conditional green cards for two years, at which time they must apply to have the conditions removed.  An immigration lawyer can explain the details of this complex process and ensure that nothing is overlooked.