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.

PERMANENT RESIDENT THROUGH RELATIVES

There are four categories under which an individual can obtain permanent residency through relatives. They are:

a. First Preference - Unmarried sons and daughters of U.S. citizens (23,400 per year, plus unused visas from the Fourth Preference);

b. Second Preference - Spouses and unmarried children of U.S. permanent residents (114,000 per year, plus excess over 226,000 the floor for family based immigration, plus unused visas from the First Preference);

c. Third Preference - Married sons and daughters of U.S. citizens (923,400 per year, plus unused visas from the First and Second Preferences);

d. Fourth Preference - Brothers and sisters of U.S. citizens (65,000 per year, plus unused visas from the First, Second and Third Preferences).

Family-sponsored immigration has an overall quota of 480,000 visas per year, less immediate relatives (parents, spouses and minor children of U.S. citizens) who are exempt from numerical limitations, plus unused Employment-Based Preferences.

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