‎Green Card Through Marriage

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How to get the Green Card?

You will understand, the Green Card is the royal way to live in the United States and then be able to claim American nationality. So how do you get this famous Green Card?

The wedding

The easiest way to get the Green Card is to marry a US citizen. To limit sham marriages, the authorities issue a temporary green card for the first two years of marriage, then a permanent resident card once this deadline has passed. Nor is it granted automatically. The spouses go through an interview with an immigration officer who will be in charge of assessing the legitimacy of the marriage. After the two-year "trial period," the immigration service sends the couple a form to fill out to check if the couple are still married. If so, the final Green Card is granted to the foreign spouse. The validity of this is 10 years.

It should be noted that the formalities relating to the application for a permanent resident card must be carried out by the American citizen. The procedure to follow is not the same depending on whether the husband or wife is already in the United States or abroad.

If the spouse is already in the United States, the United States citizen spouse must apply for a green card at the same time as the application for a work permit. This work permit allows the spouse to exercise a professional activity and to move within the United States while waiting to obtain the permanent resident card. This work permit is issued 90 days after application.

If the spouse is still abroad, the US spouse is required to apply for a K-3 visa at the same time as the Green Card application. This special visa allows the spouse to stay and work in the United States while waiting to obtain his permanent resident card. The duration of this visa is 2 years renewable until the Green Card is obtained.

How to get a Green Card through marriage?

 Procedure explained systematically.

The Green Card, also known as an immigrant visa or permanent legal residence, allows you to legally live in the US with rights and become a permanent resident. There are different options for obtaining a residence permit allowing you to live permanently in the United States, including one through marriage. A person with a Green Card obtains the legal right to come and live in the United States and can work and study there.

Married couples with a US citizen and a non-citizen have the right to apply for the non-US person so that the couple can live together in the United States. United. In most cases, if the foreign spouse has minor and unmarried children, these children are also eligible to obtain the Green Card through their American parent.

The procedure for applying for a Green Card through marriage is a complex process that takes place in several stages. There are several ways to obtain a permanent residence permit by getting married, but also several criteria to be met, procedures to be followed scrupulously and forms to be completed. You must also be able to provide all the documents that prove that you are eligible to apply for a Green Card through marriage.

When a person wishes to obtain a residence permit through marriage, the American spouse will be the sponsor and will fill out a petition for the foreign spouse. ). This request will be completed most of the time in the US, but in some limited cases, it is possible to complete the petition abroad. Care should also be taken to correctly complete the Green Card through marriage application form, following the explanations given on the official USCIS website.

Several eligibility criteria must be met for both the sponsor and the applicant. Once the request for an immigrant visa has been accepted, there are various steps to follow including obtaining this visa in a consulate abroad or in the territory of the United States if the the spouse is already there. Then, it will be possible to change the status of this visa in order to obtain a status, which gives the right to live permanently in the USA, by obtaining the Green Card.

Application in a consulate or status update in the USA

Some US citizens live abroad. Instead of filling out a petition for their spouse in the US, they can apply and complete a petition at some consulates that have a USCIS immigration office.

Usually this speeds up the process. However, not all citizens and consulates are eligible for this request. The consular application process includes certain criteria that must be met, such as living abroad for some time.

Spouses of U.S. citizens who are currently in the U.S. with another legal status may be eligible to have their status replaced with U.S. permanent resident status by applying directly. On the territory of the United States and thus obtain their Green Card without having to leave the country. This is called a change in status from non-immigrant to immigrant.

What happens if I marry a permanent resident?

In the United States, the marriage of a foreigner with a citizen or with a lawful permanent resident does not, by itself, produce immigration consequences. In other words, no foreign person becomes either a resident or a citizen of the United States by getting married.

US citizen US 10–13 months

Abroad 11–17 months

US green cardholder US 29–38 months

Abroad 23–32 months


Mr. Alessandro Jacob speaking about Brazilian Law on "International Bar Association" conference

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