Foreign nationals who marry a U.S. citizen, regardless of gender or orientation, have the right to apply for a Green Card and become a permanent resident of the United States.
The process of obtaining a Green Card through marriage is thoroughly scrutinized by immigration authorities to prevent any form of fraud. During the review, interviews, site visits, marriage documents, photographs, and even social media can be requested.
If approved, the document will have a provisional validity of two years, and afterward, the resident must apply to remove the conditions from the Green Card to obtain a permanent ten-year Green Card.
There are two common situations involving the Green Card through marriage process:
1. Foreign national who traveled to the U.S. and married a U.S. citizen in the country:
In this case, you need to inform the USCIS (United States Citizenship and Immigration Services) about the marriage by filling out Form I-130. The Green Card application should only be made after the civil marriage.
2. The applicant is in their home country and plans to travel to the U.S. to marry a U.S. citizen:
In this scenario, the foreign national should apply for a fiance(e) visa (K-1), and the U.S. citizen should petition for the future spouse to travel to the U.S. and marry by filing Form I-129F. After the approval of this process, the USCIS will forward a request to the National Visa Center, and the immigrant must register with the Consular Electronic Application Center, complete Form DS-160, and pay a fee to schedule an interview. Only after the interview will the immigrant know if they are authorized to travel to the United States for the marriage.
Although the process can be challenging, the benefits of obtaining permanent residence are extensive. With proper documentation and a genuine relationship, a Green Card through marriage can be the first step toward the coveted American dream, providing the security of permanent residence, access to social benefits, the ability to work legally, and the opportunity to pursue citizenship.
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U.S. citizens over the age of 21 can request the Green Card for their parents, spouse, unmarried or married children of any age, stepchildren, and siblings.
Foreign nationals who marry a U.S. citizen, regardless of gender or orientation, have the right to apply for a Green Card.
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