Each year, over 160,000
citizens of the United States marry foreign-born persons and petition
for them to obtain permanent residence in the U.S. Spouses of U.S. citizens
are considered "immediate relatives" under the immigration
laws, and are exempt from all numerical quota limitations. In other
words, marriage to a U.S. citizen is the fast lane to a green card.
Marriage to a permanent resident is very problematical and often results in the recently-
married spouses living apart for many years.
It is also
possible for a U.S. citizen to obtain a temporary
visa for a fiancee and get married once he or
she arrives in the U.S.
IF THE MARRIAGE OCCURS IN THE U.S.
Procedurally,
the process works like this. The U.S. citizen must submit a visa
petition to appropriate INS Service Center to prove that
the marriage is bona fide, that is, entered into for love rather
than simply for the foreign-born spouse to obtain a green card.
Simultaneously,
the foreign-born spouse should submit an application for adjustment
of status which is an application for a green card. Items which
may accompany the green card application include green card
photographs, an application for employment authorization, an
application for a travel permit and numerous other INS forms.
IF THE MARRIAGE OCCURS OUTSIDE THE U.S.
The process
is roughly the same except that the foreign-born spouse usually
must remain in his or her country until he or she obtains a green
card.
The process
begins when the citizen spouse submits a visa petition to either
the INS office which has jurisdiction over his residence or
directly to the U.S. Embassy or Consulate in the country where
the foreign-born spouse resides.
Once the
visa petition is approved, the foreign-born spouse will receive
a packet from the National Visa Center (NVC) located in Portsmouth,
New Hampshire. The packet informs the foreign-born spouse of
the various documents which must be presented at the immigrant
visa interview abroad (e.g., passport, police clearances, results
of medical examinations, etc.). The packet includes certain
documents requesting biographic data which must be completed,
signed and forwarded to the U.S. Embassy or Consulate abroad.
Usually,
the foreign-born spouse is interviewed and granted an immigrant
visa within three to six months.
Sometimes,
in order to avoid a lengthy separation, the spouses return
to the U.S. after the marriage and proceed to file the necessary
applications once they are both in the U.S. Usually, INS takes
a dim view of this practice. It is not uncommon for the INS
to stop the foreign-born spouse at the border and exclude him
or her from the U.S. as an intending immigrant. However, if
the foreign-born spouse is able to enter the U.S., INS will
not deny his or her application for a green card simply because
he or she entered the U.S. on a temporary
visa when their real intent was to remain permanently
in the U.S.
CONDITIONAL RESIDENCE
If the marriage
is less than two years old when the foreign-born spouse becomes
a permanent resident, the green card will expire after a two-year
period. Both spouses must submit a joint petition to remove
the two-year condition within the 90-day period immediately preceding
the end of the two year period.
If the marriage
has terminated by reason of divorce, death of the citizen spouse
or spousal abuse, the foreign-born spouse may apply for a waiver
of the joint petition requirement.
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