HOW DO I GET MY GREEN CARD IF I MARRY A U.S. CITIZEN?

Under present law, a person who came to this country on a valid visa can apply for permanent residency if they marry a US citizen.  If the person came to the US on a fiancee visa, they must marry within 90 days to the person who sponsored their visa in order to qualify for adjustment of status to permanent residence in this country. 

All other persons can apply for adjustment of status to permanent resident in this country based upon marriage to a U.S. citizen, as long as they entered the United States on a valid visa and have not committed a crime or some other act which makes them ineligible. 

Of course, the marriage must be a valid and bona fide one.

Also persons who qualify for a special law called Section 245i can also file for a green card here in the U.S. based on marriage – even if they came here without a visa.  You only qualify for Section 245i if you had a family member or employer file to sponsor you for permanent residence before April 30, 2001.  Many persons who have been sponsored by parents or siblings and have been waiting many years for their case to be “current” can file instead through a U.S citizen spouse under Section 245i.  (However, it is very important to get good legal advice before filing to make sure you are eligible.)

There are many necessary forms and documents necessary to submit with the marriage petition, including photos, birth and marriage records and other immigration forms.   It generally takes only 9-15 months to finish the adjustment of status process.  There is an interview at the end of the application process, which both spouses must attend. 

In order to prove that the marriage is valid at the interview, it is necessary to provide certain documentation.  This includes financial records such as leases with both spouses names, joint bank account statements, joint credit cards, utility bills and other evidence that the couple is living together.  It is also helpful to bring photographs of the couple together, including photos of the wedding.  Other personal documents such as correspondence before marriage or even personal mementos can be helpful to show the immigration officer.

The interviews generally last approximately one hour or less and are intended to determine whether the marriage is legitimate or not.  If there is any significant doubt about whether the marriage is real, the applicants are required to come for a second, more intensive interview.  In these second interviews, the spouses are separated and questioned at greater length by trained officers. 

If the officer is satisfied the marriage is bona fide, and all other requirements for permanent residence are met, the adjustment of status application is approved.  If the marriage is less than two years old, the immigrant is given conditional permanent residence.  This status gives the immigrant all the same rights as a permanent resident except that it expires after 24 months. 

Two years after the granting of conditional permanent residence, a new application must be submitted to the immigration service, documenting that the marriage still exists. 

For those persons who came here without a visa and do not qualify to change their status here under 245i, there is a possibility to apply at the U.S. Consulate in your home country, and request a pardon of the penalty for being here illegally.  One should definitely seek legal advice before applying in this manner for a pardon.

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CHRISTOPHER A. KEROSKY of the law firm of KEROSKY PURVES & BOGUE has practiced law more than 25 years and has been recognized as one of the top immigration lawyers in Northern California for 9 years by“Super Lawyers” www.SuperLawyers.com .   He graduated from University of California, Berkeley Law School and was a former counsel for the U.S. Department of Justice in Washington D.C.  His firm has offices in San Francisco, Los Angeles and six other locations in California. 
WARNING: The foregoing is an article discussing legal issues. It is not intended to be a substitute for legal advice. We recommend that you get competent legal advice specific to your case.