U.S. citizens can sponsor a spouse for a green card by marriage
A foreign citizen married to a U.S. citizen is eligible for permanent residency, which includes same sex & LGBTQ couples. The process may be done either through adjustment of status (AOS) or consular processing, depending on whether the foreign spouse is inside or outside the United States.
Conditional Residency Through Marriage Based Green Cards
Once approved, the foreign spouse becomes a conditional U.S. resident. He or she is issued a green card and is afforded all the privileges and benefits of a permanent resident. Conditional residency is valid for up to two years from the date the green card was issued.
Removal of Conditions on Residence
Both parties must jointly remove the conditions on the residency 90 days prior to the second anniversary of receiving conditional residency. Once removed, conditional residency becomes permanent residency.
Example: Harry married Sally a U.S. citizen in August 2020. He received conditional residency status on January 1, 2021. Harry and Sally must apply to remove the condition of his residency between October 1, 2022 and December 31, 2023 – which is the 90 period prior to January 1, 2023, marking the second anniversary of when he received conditional residency.
Waiver of the Joint Requirement to Remove Conditions on Residency
Both spouses must petition to remove the conditional residency status. However, there are some instances in which the joint requirement can be waived, including: death of the U.S. citizen spouse; termination of the marriage; or the foreign spouse was battered or subjected to extreme cruelty.
K-3 Visa for Beneficiaries of Pending I-130 Petitions
Foreign spouses whose U.S. citizen spouse has filed a petition may be able to enter and work in the U.S. on a K-3 visa while they are awaiting the adjudication of the petition. Unmarried children under 21 of the foreign spouse may be eligible to accompany the parent under K-2 visas.
Our Marriage-Based Green Card Legal Services
Our legal services include: assessing whether the petitioner and beneficiary meet the necessary criteria to proceed with an application; preparing the necessary petition and all supporting documents; preparing the application for consular processing or adjustment of status; corresponding with NVC and/or USCIS; preparing the clients for the final green card interview.
Email us if you are married to a U.S. citizen and you want to apply for a green card.