Green Card By Marriage ...is it legal?

Green Card by Marriage: One of the most common ways to obtain a green card is through marriage to a US citizen.  This is sometimes referred to as a green card marriage.  Now before continuing, it’s important to recognize that you can also obtain a green card through marriage to a Lawful Permanent Resident, that is, someone who holds a green card. 

But right now we’re talking about obtaining a green card through marriage to a US citizen – we’ll be talking about obtaining green cards by marriage to a LAWFUL PERMANENT RESIDENT a little later.

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Obtaining a green card by marriage is where an alien marries a US citizen and thereby becomes eligible to obtain lawful permanent residence in the U.S., that is, a green card. This is completely legal and is provided for by Congress.

So long as you get married for traditional reasons such as love and affection, it’s perfectly OK that your “green card marriage” results in an immigration benefit to you. The only time this poses a problem is where someone enters into a fake marriage or “sham marriage” that is, one designed solely for the purpose of getting an immigration benefit.

If you fall in love, get married, and now want to apply for a green card, that’s great! Congress welcomes you and your legitimate “green card marriage” based on your love and affection for one another.

The green card marriage—when not a sham—is a wonderful thing.

By marring a US citizen you’ll be considered an immediate relative and “immediately eligible” to apply for a green card. If you entered the United States legally, that is, with inspection, even if you overstayed, you may adjust status and obtain your green card without ever having to leave the United States. 

And, if you’re outside the United States, you will be processed at an Embassy or US consular office in your country… or you may apply for a K visa to come to the US to adjust status right here in the U.S.

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This is often a better option, particularly if you want to commence your new life in America as soon as possible.   

Now, let’s assume that you’re married to a US citizen and that you apply for and receive your green card…what’s next? Your green card will entitle you to live and work legally in the United States. And to travel freely to and from the United States - be careful with travel though -  if  you’re away from the US for long periods of time you may be deemed to have  abandoned your green card. 

If you plan to leave the U.S for extended period of time, you’ll be well advised to consult with an immigration attorney. 

That aside, your new green card status gives you nearly all the benefits of US citizenship, though you’re not a US citizen and should never claim to be a US citizen—that’s illegal.  After three years of marriage, you will be eligible to apply for US citizenship if you wish!

One other thing you’ll need to know is about Conditional Permanent Residence.

If you have been married for less than two years when your green card marriage spouse is granted a green card, he or she will receive conditional permanent residency. You must apply to remove conditional status within 90 days before the 2-year anniversary of the award date of your spouse’s conditional legal permanent resident status.

Failure to do this can have serious consequences and you could even loose your status and be removed from the United States.  So, if you receive a conditional green card, mark the date on your calendar and remember to apply to have the conditions removed 90 days before.  Or better yet, consult with an immigration lawyer to be sure!

BY the way, aside from the fact that your green card is “CONDITIONAL” it is the same as any other green card and you get all the same benefits any other green card holder receives. If you’re married for two years or more at the time your green card is issued, you should receive a green card without the conditions.

If you marry someone who is not a US Citizen, but rather is a Lawful Permanent of the United States, this too is a path to obtaining your green card.  And, as with marriage to a US Citizen, your marriage must be a real one, it cannot be one that is a sham and designed only to obtain an immigration benefit—It must be based on traditional values such as Love & Affection.

One of the main differences is that when you marry a US citizen you are considered to be an “Immediate Relative and thus immediately eligible for a green card.  Marriage to a permanent resident does not make you an “immediate relative” So, you’ll have to wait a little longer to get your green card, probably several years.  But, assuming you meet all other eligibility requirements, you can obtain a green card by marriage to LAWFUL PERMANENT RESIDENT green card holder.

One common misconception I need to discuss here:  Your LAWFUL PERMANENT RESIDENT spouse filing a petition for you does not, in and of itself, grant you any immediate rights to live and work in the United States – that will come later.  This is one of the harsh differences between marriage to a US Citizen and marriage to a LAWFUL PERMANENT RESIDENT or green card holder. 

When the spouse of a US citizen files a petition rights start to accrue almost immediately.  For example, he or she can apply for a work permit and Social Security card even before being issued their new green card.   

Green Card by Marriage