Applying for a green card through a marriage to a United States citizen is one of the most fastest and effective ways obtain a U.S. green card. There are two situations that require different procedures when attempting to get a green card through marriage - when the foreign spouse reside in the U.S. and when the foreign spouse resides outside the United States.
The process to obtain a green card through marriage in the first instance (foreign spouse inside the US) is called an ADJUSTMENT OF STATUS from their current status (ie, F-1, L-1, TN, H-1B, etc...) to a permanent resident. This is less complicated than the second situation for getting a green card through marriage.
The second instance, is when the foreign spouse is not in the U.S., but is married to a U.S. citizen. This is no longer an adjustment of status, but rather you will be applying for a marriage visa or an immigrant visa. This process will be handled by the USCIS and the respective country's consulate.
Between the two, the adjustment of status is more flexible in that, for example, if the spouse was illegally living in the U.S.A. or had stayed longer than a visa allowed; a green card through marriage, adjustment of status, would still be a viable option. Applying for a marriage visa or immigrant visa, on the other hand, has more strict requirements.
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To get a green card through marriage through the adjustment of status route, you'd first acquire the K1 Visa and then apply for the I-485 Adjustment of Status to Immigrant U.S Resident or citizen. This allows a spouse that has come from abroad to remain in the United States for two years; which is conditional on the fact that the foreign spouse remains married.
The green card through marriage process can take any where from several months to years. The processing time will depend on the size of the city you live in and how many people are applying at your respective USCIS office. The more k1 fiance/k1 fiancee visa immigrations are in progress to your city, the longer it will be to obtain an appointment.
Most couples do not realize how much work goes into the I-485 adjustment of status process for the green card through marriage. Many forms, legal issues, filings, receipts, government correspondence, and an interview is required of those seeking a green card through marriage. Just some of the necessary forms include: I-130 Immigrant Petition & I-485 Adjustment of Status, I-765 Work Authorization, I-131 Advance Parole, and finally, the biometrics appointments.
A good idea to ensure a successful green card application process, is to have a immigration plan once your fiance arrives through a K1 Visa - this will help to decrease and avoid any issues like immigration deportation or USCIS denials. Another thing to keep in mind is to start the adjustment of status process early; meaning, get married quick and start on the green card process early. Have your green card documentation prepared and when you receive your marriage certificate, send in your I-485 application.
Getting a green card through marriage seems like a hard and daunting procedure, but this is the quickest way to get a green card through marriage. If you need more information, check out the great resources on our site here are GreenCardProject.Com. Best of luck.
