When a U.S. citizen marries an immigrant, the marriage enables the immigrant spouse to apply for U.S. lawful permanent residence (a green card). However, the marriage must be valid – not entered into for the sole purpose of obtaining immigration benefits. The U.S. citizen spouse must prove they can support their immigrant spouse financially to avoid being a “public charge.” The immigrant spouse must go through several steps to obtain a green card through marriage.
Is the Marriage Valid?
U.S. immigration authorities require proof that a marriage between a U.S. citizen and immigrant is valid. Marriage fraud solely to obtain a green card is illegal. To determine if a marriage is valid, authorities look for:
- Evidence the couple intends to establish a life together, such as a lease or joint bank account
- Wedding photos, invitations, and receipts to document the ceremony
- Testimony from friends and family that the couple has a bona fide relationship
Authorities may also interview the couple separately about details of their relationship. If they suspect the marriage is fraudulent, they can deny the green card application and even pursue fines or criminal charges.
Avoiding Public Charge
For the immigrant spouse to obtain a marriage-based green card, the petitioning U.S. citizen must prove they can financially support them. This requirement, known as avoiding “public charge,” involves submitting:
- Tax returns showing adequate income
- Proof of assets such as bank statements
- An affidavit of support form signed by the petitioner
Public charge is intended to keep immigrants from relying on government benefits. If authorities don’t believe the petitioner can support their spouse, they may require a joint sponsor to submit affidavits as well.
Steps for the Immigrant Spouse
Once married, the immigrant spouse must go through several steps to obtain their green card:
- Petition filing: The U.S. citizen spouse files Form I-130 to petition for their immigrant spouse.
- Petition approval: If approved, USCIS sends the case to the National Visa Center.
- Consulate interview: The immigrant spouse interviews at a U.S. consulate in their home country.
- Visa issuance: If approved, the consulate issues an immigrant visa in their passport.
- U.S. entry: The immigrant travels to a U.S. port of entry to be admitted as a lawful permanent resident.
- Green card arrival: The actual green card typically arrives in the mail within 3 weeks.
This entire process typically takes 9-12 months. The immigrant is authorized to live and work permanently in the U.S. once they receive their green card.
Requirements After the Green Card Arrives
Even once the immigrant spouse obtains their green card, the couple must uphold requirements to keep it valid. They must:
- Continue living together in marital union
- Support each other financially
- File joint tax returns
- Jointly own major assets like property or vehicles
Authorities may randomly check in with the couple to verify the marriage is still legitimate. Divorce or separation before obtaining U.S. citizenship can jeopardize the immigrant’s green card status.
Path to U.S. Citizenship
After 3 years of maintaining permanent resident status through marriage, the immigrant spouse is eligible to apply for U.S. citizenship. They must meet residency, English fluency, and civic requirements. Key steps involve:
- Filing Form N-400 application
- Undergoing fingerprinting and background checks
- Passing citizenship exam and interview
- Taking the Oath of Allegiance
Gaining citizenship provides voting rights, ability to sponsor relatives, and protection against deportation. The entire process from green card to naturalization typically takes 5-6 years.
Special Cases
Some unique circumstances can impact the marriage green card process:
Prior Marriages
If either spouse was previously married, they must provide proof that prior marriages were legally terminated. Divorce decrees or death certificates are required.
Dual Intent
Those entering the U.S. on nonimmigrant visas must prove they do not intend to stay. But immigration law includes a “dual intent” exception for those married to U.S. citizens. The immigrant can apply for a green card despite having a temporary visa.
Fiancé Visas
U.S. citizens can petition for their foreign fiancé to enter the U.S. on a K-1 nonimmigrant visa. They must marry within 90 days to adjust status and get a green card through marriage.
Abuse and VAWA
Immigrants married to abusive U.S. citizens can file for protection under the Violence Against Women Act (VAWA). This allows applying independently for a green card without the abuser’s knowledge or consent.
Conditional Residence
Those married less than two years when obtaining residency get conditional green cards valid for two years. They must jointly file to remove conditions after fulfilling marriage requirements.
Conclusion
Marriage to a U.S. citizen or permanent resident provides the main pathway to green cards and citizenship for immigrants. But immigration authorities ensure the marriages are legitimate, not fraudulent unions solely for immigration benefits. The U.S. citizen spouse must be able to financially support them as well. After obtaining permanent resident status and fulfilling ongoing marriage requirements, the immigrant spouse can typically apply for full U.S. citizenship within 3 to 5 years.