CHAT TRANSCRIPT: MARRIAGE AND THE GREEN CARD

GETTING YOUR GREEN CARD THROUGH MARRIAGE

Alternately, marriage to a permanent resident is very problematical and often results in the recently-married spouses living apart for many years. A legislative solution to this problem is required.

Battered spouses and children of U.S. citizens and lawful permanent residents are entitled to special benefits under the law.

It is also possible for a U.S. citizen to obtain a temporary visa for a fiancee and get married once he or she arrives in the U.S.

IF THE MARRIAGE OCCURS IN THE U.S.

Simultaneously, the foreign-born spouse, assuming he or she entered the U.S. lawfully, should submit an application for adjustment of status (form I-485) which is an application for a green card. Items which generally accompany form I-485 include green card photographs, an affidavit of support from the spouse, an application for employment authorization, an application for a travel permit (known in USCIS jargon as "advanced parole") - assuming the non-citizen spouse has not be present in the U.S. unlawfully for 180 days or more - and numerous other USCIS forms.

And don't forget the USCIS filing fees.

The USCIS will accept the applications, cash your check, and schedule an interview somewhere between six months and 12 months. If the wait for the interview exceeds 90 days, chances are that the work card and the travel permit will be issued. We list the USCIS waiting times for all 60+ District Offices.

The USCIS provides advice to U.S. citizens and permanent residents who wish to obtain permanent residence in the U.S. for their foreign-born spouses.

IF THE MARRIAGE OCCURS OUTSIDE THE U.S.

The U.S. State Department offers advice on its web page to citizens who marry foreign-born persons abroad and wish to obtain immigrant (permanent) visas for them.

The process begins when the citizen spouse submits a visa petition to either the CIS office which has jurisdiction over his residence or directly to the U.S. Embassy or Consulate in the country where the foreign-born spouse resides. The citizen spouse must attach the same items with the visa petition which are listed above including the filing fee.

Once the visa petition is approved, the foreign-born spouse will receive a packet from the National Visa Center (NVC) located in Portsmouth, New Hampshire. The packet informs the foreign-born spouse of the various documents which must be presented at the immigrant visa interview abroad (e.g., passport, police clearances, results of medical examinations, etc.). The packet includes certain documents requesting biographic data which must be completed, signed and forwarded to the U.S. Embassy or Consulate abroad.

Usually, the foreign-born spouse is interviewed and granted an immigrant visa within three to six months. The State Department charges a fee for an immigrant visa.

Sometimes, in order to avoid a lengthy separation, the spouses return to the U.S. after the marriage and proceed to file the necessary applications once they are both in the U.S. Usually, USCIS takes a dim view of this practice. It is not uncommon for the CBP to stop the foreign-born spouse at the border and exclude him or her from the U.S. as an intending immigrant. However, if the foreign-born spouse is able to enter the U.S., USCIS will not deny his or her application for a green card solely because he or she entered the U.S. on a temporary visa when their real intent was to remain permanently in the U.S.

REMOVING CONDITIONAL RESIDENCE

If the marriage has terminated by reason of divorce, death of the citizen spouse or spousal abuse, the foreign-born spouse may apply for a waiver of the joint petition requirement.

On April 10, 2003, the USCIS issued a policy memorandum which states that a person who has obtained permanent residence based upon a marriage to a U.S. citizen can not submit an application for a waiver of the joint petition requirement based on the "good faith" marriage exception to the joint petition requirement until the person has obtained a final dissolution of the marriage.

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