How to obtain the Green Card by marriage?

Obtaining a Green Card is essential if you wish to settle permanently in the United States. Find out how to obtain the Green Card after your marriage and the different steps to take to get it.

The green card : definition

The Green Card is a residence permit that allows you to live in the United States permanently. As an American resident you will be allowed to work in the USA. Persons who do not have this card must apply for a work permit to remain in the United States. However, his residency time will be limited and he will not be able to work in all areas. The Green Card will give you access to American citizenship.

There are two types of Green Card with different validity periods:

The classic Green Card

It can be requested in several circumstances:

• Thanks to your employer: In order to work in the USA, it is necessary to obtain a work visa. Once you have been granted a work visa, your company may sponsor you to apply for a Green Card for business purposes.
• A member of your family is American.
• You can obtain the Green Card after 2 years of marriage to an American citizen.
• The last possibility is to obtain a Green Card by lottery. Each year, a lottery allows nearly 55,000 people to obtain the Green Card during a random draw.

In these different cases, the Green Card will be valid for 10 years.

The “conditional” Green Card

The conditional Green Card is obtained by marrying an American citizen. During the first two years of marriage you can obtain a Green Card valid for 2 years only. The U.S. authorities have put this measure in place to prevent sham marriages. Thus, if you divorce before the 2 years, you will not be able to receive a 10-year Green Card. 90 days before the end of the two years, you must complete a document proving that you are still married. You can then apply for a Green Card valid for 10 years.

Obtaining a green card by marriage is not as simple as one might think. Here are the details of the process of obtaining the Green Card through marriage.

Getting a green card through marriage

Marrying a U.S. citizen is one of the easiest ways to obtain a Green Card. It will allow you to live permanently in New York, Miami, Las Vegas or San Francisco.

Because of too many sham marriages, the U.S. government has put in place many requirements to ensure that the marriage is genuine. The United States wants to make sure that it is not just a way to get a Green Card.

What are the conditions to obtain the Green Card by marriage

• The application must be made by the U.S. spouse, not the foreign spouse;
• The newlyweds will then be interviewed by an immigration officer who will judge the credibility of the couple;
• The non-US spouse must not have a criminal record;
• The U.S. government also requires that the U.S. spouse must have resided for at least 6 months in the Green Card applicant’s home country in order to consider the marriage credible.
• In order to obtain the Green Card, the partner must sign a document called “affidavit of support”. This document obliges the American spouse to ensure your material and financial life for 10 years.

You have taken all the necessary steps to receive the green card. You will initially benefit from a conditional 2-year green card. Before the end of the 2 years you will receive a form from the immigration service to fill in. This formality verifies that you are still married and that the marriage is in good faith. If you successfully complete this form, you will be eligible for the classic Green Card which is valid for 10 years.

What is family sponsorship?

As a Green Card holder you are considered a US resident. You have the possibility of bringing your close family to the United States: children and spouse. However, your children do not have to be married. To do this, you need to fill out a form called the l-130 form. You will also need to prove that you have the financial resources to support your family and live in the United States.

In order to complete the process, it is up to the permanent resident to apply to USCIS for their spouse.

In addition to marriage, the U.S. government also allows an American citizen to sponsor a parent or child for a Green Card. The process depends on the relationship between the U.S. citizen and the Green Card applicant:

• If it is an immediate relative: parents, children, fiancé, in-laws, the Green card application can be approved and made available immediately.
• If it is a distant relative: brother or sister, married children, the procedure may be longer. Waiting list is large and quotas are limited. The wait can be up to 4 years.

What to do if the Green Card is refused?

If you are unable to obtain your permanent residence permit, you can still increase your number of tourist visits thanks to the ESTA travel authorization, which is valid for 2 years. You can also apply for a B2 tourist visa at the American embassy.