Who Can Obtain A Green Card Through Marriage?

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A crucial step toward establishing permanent residency in the United States is getting a Green Card through marriage. It is for foreign people who have legally obtained permanent residence or are citizens of the United States. The process allows spouses to legally live and work in the country and provides a path toward eventual citizenship.

Navigating the complexities of the immigration system can be challenging. It is crucial to understand the requirements and options available. This article will guide you through obtaining a Green Card through marriage and exploring the steps and considerations involved. It also outlines how a lawyer might assist you.

How To Obtain A Green Card Through Marriage?

Obtaining a Green Card through marriage offers various options and processes. It depends on the immigration status of the petitioner and the specific circumstances of the couple. There are three main ways to obtain a Green Card through marriage or engagement in the United States. These ways can lead to permanent residency.

Fiancé Visa

For U.S. citizens, the Fiancé Visa (K-1 Visa) is a popular choice. The petitioner files this form to establish the legitimacy of the relationship. They must provide evidence of meeting their fiancé(e) in person, such as photographs or flight receipts. They should also demonstrate their intention to marry within 90 days of entry.

Once the initial form is approved, the case moves to the National Visa Center. It is then transferred to the consulate in the immigrant spouse’s home country. The couple attends a consular interview at the U.S. consulate. If approved, the immigrant spouse can enter the United States as a fiancé(e). They must get married within the specified timeframe.

After marriage, the immigrant spouse can apply for permanent residency through the Adjustment of Status process.

Consular Process

The Consular Process is suitable for couples who are already married. The petitioner submits this form to establish the marital relationship and initiate the immigration process. After approval, the case is transferred to the National Visa Center. It is where the necessary documents are processed.

The immigrant spouse attends a Consular interview at the U.S. embassy or consulate in their home country. If approved, they receive an immigrant Visa and can enter the United States as a permanent resident. They may apply for Adjustment of Status. It is if the immigrant spouse is already present in the United States with a valid Visa.

This process allows them to seek permanent residency without leaving the country. However, entering the United States on a Tourist Visa to get married is considered Visa fraud.

Adjustment Of Status

Adjustment of Status is an option for individuals already in the United States legally, with a valid Visa. This process allows them to apply for permanent residency without leaving the country.

Choosing the right pathway depends on the couple’s preferences, the urgency to be together, and specific circumstances. The Fiancé Visa process is generally faster but requires the couple to marry within a specific time frame after entry. The Consular Process may take longer. However, it eliminates the need for the immigrant spouse to apply for permanent residency after arrival.

Which Is More Convenient: Get Married Abroad Or In The United States?

Suppose a marriage proposal has taken place, and it was accepted. The proposal occurred in Mexico City, and now the couple wishes to bring one partner to live in the United States. They have the intention of starting a life together and building a family.

However, they are unsure whether it would be better to get married in Mexico or the United States. They also consider whether one partner should enter the United States on a Tourist Visa. After such, they apply for a petition within the country. They are also considering whether they should pursue the immigration process outside the United States.

In this situation, they have options to consider which can achieve the same result: obtain U.S. citizenship.

Fiancé Visa (K-1 Visa)

Opting to get married in the United States offers several advantages over other options. One significant benefit is the speed of the process. It allows them to be together in the United States approximately six months faster compared to alternative routes.

The expedited timeline provides the couple with the opportunity to live together and further strengthen their relationship. This period allows them to spend valuable time together. They get to know each other’s routines and habits and make informed decisions about their future as a couple.

Living together during this period also enables them to assess their compatibility. They determine their desire to pursue permanent residency and build a life together in the United States.

Furthermore, this faster process carries practical benefits. It allows the couple to establish a shared life in the United States sooner. It includes finding suitable housing, exploring job opportunities, and integrating into the local community. Additionally, it reduces the time spent apart and alleviates the emotional strain often associated with long-distance relationships.

Consular Process

The Consular Process is an advantageous option for couples who are already married and cannot apply for a Fiancé Visa. To initiate this process, the petitioner needs to file Form I-130. It establishes the relationship between the petitioner and the immigrant spouse and initiates the immigration process.

Once the consular interview is completed, the immigrant spouse can enter the United States without a Visa. They become a lawful permanent resident upon entry. This eliminates the need for the immigrant spouse to apply for permanent residency separately after arrival.

By obtaining a Green Card through the Consular Process, the immigrant spouse gains immediate legal status in the United States. They can live and work in the country without the need for any additional immigration-related steps.

The Consular Process offers a streamlined pathway for couples, allowing them to bypass additional steps after arrival. This is particularly advantageous for couples seeking an efficient process. It enables the immigrant spouse to enter the United States directly with permanent residency. It eliminates the need to go through the process of adjusting their status.

In comparison to the Fiancé Visa, the Consular Process normally requires more time to complete. This is because it involves additional paperwork and processing at the National Visa Center. It adds to the overall processing timeline.

The Consular Process takes longer than other options. It makes it less suitable for couples who want to be together quickly in the United States. It requires more patience and time compared to the Fiancé Visa. It offers a more expedited path for couples to reunite and start their lives together in the United States.

Adjustment Of Status

Immigrants with valid Visas can choose the option of obtaining permanent residency through marriage. These Visas can include tourist, student, or Work Visas. By utilizing this option, the immigrant can enter the United States legally.

Once they enter, they have the opportunity to marry a U.S. citizen or permanent resident. Once married, they can then apply for permanent residency or a green card. This process allows the immigrant to transition from their current Visa status to permanent residency, granting them the right to live and work in the United States permanently.

Marriage-based permanent residency is available to individuals already in the United States on a valid Visa. This option allows them to transition to a more stable and permanent immigration status. This process allows individuals to establish a long-term presence in the United States. They can enjoy the benefits of a more secure immigration status.

Adjustment of Status may not be a viable option for many individuals who cannot obtain a TouristvVisa. Many people cannot obtain a Tourist Visa, so they have no way to enter the United States legally. There is also a rule that a person with a Tourist Visa cannot enter to stay permanently. Doing so would violate the terms of the Visa. If a person enters the country on a Tourist Visa, they must get married after the entry.

Consulting with an immigration lawyer can provide personalized advice and guidance based on the couple’s situation. It is essential to consult with an immigration lawyer to obtain accurate and up-to-date information regarding specific immigration cases.

How Does A Lawyer Help You?

A lawyer at Lincoln-Goldfinch Law helps you understand the requirements and options for obtaining a Green Vard through marriage. They guide different processes like the Fiancé Visa, Consular Process, and Adjustment of Status. They assist in completing the necessary forms and documentation for immigration benefits.

Lawyers offer legal advice on the most suitable approach based on individual circumstances. They ensure compliance with immigration laws and regulations. They help navigate complex procedures and timelines. They provide peace of mind and support throughout the immigration process.

Conclusion

In conclusion, obtaining a Green Card through marriage involves various options and processes. The choice between the Fiancé Visa, Consular Process, or Adjustment of Status depends on individual circumstances. It is crucial to understand the pros and cons of each option to make an informed decision.

An immigration lawyer plays a vital role in this process by providing guidance, completing necessary forms, and ensuring compliance with immigration laws. They offer personalized advice based on individual situations and help navigate complex procedures and timelines. Engaging the services of a lawyer provides peace of mind and support throughout the immigration process.

If you have additional questions about your Marriage Green Card, or your specific case, you may contact us at (855) 502-0555. After a brief 10-minute evaluation of your case over the phone, we will let you know what options you have. You can also follow us on our social networks so you don’t miss our weekly broadcasts on Facebook, YouTube and Twitch.