Is It Possible to Get A Green Card Through Marriage to a Citizen?

A person can get permanent residence by marrying a U.S. Citizen. This involves a number of steps. You have to be over and done with few steps before your fiancé enters the US and some after he or she has already entered US.


Steps to be pursued as your fiancé enter the U.S. on K-1 visa.


On a K-1 visa a person is required to enter U.S. through a U.S Immigration port-of-entry. Marriage has to take place within 90 days of your fiancé (e)'s entry. Adjustment of status using Form I-485 has to file after the marriage. For this you have to apply to Application to Register Permanent Residence or to Adjust Status with the USCIS National Benefits Center. U.S. citizen spouse has to furnish affidavit of Support. This allows a person to become a lawful permanent resident (LPR). Since it is always such that you have been married for period not more than two years when your spouse is given his or her Green Card, so a 'conditional' status is given. For this an application has to be sent to the USCIS to eliminate the 'conditions' within the 90 days prior to two year anniversary of the date your spouse was granted the permanent residence. Both have to send this application together.


A person has to apply in advance if your fiancé wants to re-enter the U.S. after filing for the adjustment of status. This is because K-1 visa is a single entry visa. For this person has to fill Form I-131 and send it to USCIS office that is in charge the area where a person resides. It is Advance Parole that permits him or her to return to the U.S. after he or she goes out.


Green Card process after your spouse enters the U.S. on K-1 visa


If your spouse goes to the U.S. on a K-1 Fiance visa by means of the U.S immigration port-of-entry, you have to wait for the sanction of Form I-130, Petition for Alien Relative. Form I-130 is filed as fraction of the K-3 process. After the agreement of the I-130 your spouse must file Form I-485, with the USCIS National Benefits Center.


In case of the K-3 visa, your spouse can leave and re-enter the U.S. without applying for an Advance Parole till the time he is in K-3 status. This is due to the fact that K-3 visa is a multiple entry visa valid for 2 years


Conclusion


A person should have full knowledge of the process of gaining permanent residence through marriage to a U.S. citizen citizenship as to avoid any legal hassles later.