Green
Card by Marriage to a U.S. Citizen
Any
alien who marries a U.S. Citizen in the United States may apply for
Permanent Residence Status (Green Card). Once the marriage has taken
place, the couple files the application with the Immigration and Naturalization
Service (INS) having jurisdiction over the petitioner's residence (citizen).
The papers could include Permission for Work Authorization and Request
for Travel Documents
The
INS will contact you first regarding work authorization and permission
to travel. The processing times vary from state to state. Some states
will process them the same day, others can take up to 90 days.
The INS will examine the documents to establish the legitimacy of the
marriage and schedule an interview. This will be anywhere from 6 months
to 18 months after filing the initial application.
If the marriage is less than two years old when permanent residency
is granted, the Green Card will expire in two years. The alien spouse
will receive a stamp classifying him/her as a Conditional Permanent
Resident.
The Conditional Status may be dropped by applying for Removal of Conditional
Status within 90 days of the 2 year anniversary of the granting of Conditional
Permanent Residency.
If
the spouse of U.S. citizen resides abroad :
The
immigration paperwork is generally processed at the appropriate U.S.
consulate. At some locations, it is possible to file all the paperwork
directly at the consulate. In other cases it is necessary to first submit
a form to the INS. After that form is approved, the remaining processing,
including the interview, takes place at the consulate. The procedure
is similar but the waiting time may be less.
