Marrying a U.S. Citizen: Process and Procedures Explained

For foreign persons looking to establish roots in the United States, marrying a U.S. citizen provides a route to lawful permanent residency and, eventually, citizenship. This article explores the crucial procedures and factors to be taken into account while getting married to a U.S. citizen. We offer thorough guidance for people making this important life decision, including everything from comprehending the legal criteria and papers to navigating the application process.

How To Gain a Green Card Through Marriage

One typical approach to obtaining permanent residency in the United States is to marry a U.S. citizen or lawful permanent resident and obtain a green card. Here’s a thorough breakdown of how to handle this procedure:

1. Determine Eligibility

Verify that the marriage is legally recognized in the jurisdiction where it took place.
Ensure that neither spouse has a history of marriage fraud or other immigration violations.

2. Choose the Appropriate Visa Category

If a U.S. citizen or permanent resident’s spouse lives outside the nation, they can apply for an immigrant visa through consular processing.
Assume the spouse is already in the U.S. In that instance, they may be eligible for marriage-based adjustment of status, which allows them to become lawful permanent residents.

3. Gather Documentation

Collect supporting documentation to demonstrate the bona fide nature of the marriage, including marriage certificate, joint financial records, shared lease or mortgage documents, and photos together.
If applying for adjustment of status, gather additional documents such as Form I-485 (Application to Register Permanent Residence or Adjust Status), Form I-864 (Affidavit of Support), and Form I-693 (Report of Medical Examination and Vaccination Record).

4. File the Petition

The U.S. citizen spouse must file Form I-130 with USCIS if applying for an immigrant visa through consular processing.
If adjusting status within the United States, the couple must submit Form I-130 and Form I-485 concurrently, along with all required supporting documentation and fees.

5. Attend Interviews and Biometrics Appointments

Both spouses may be required to attend an interview at a USCIS office to assess the validity of the marriage and eligibility for permanent residency.
Biometrics appointments may also be scheduled to collect fingerprints, photographs, and signatures.

6. Await Decision

USCIS will examine the petition and any supporting paperwork to ascertain eligibility for a green card.
A green card, which confers lawful permanent resident status, will be issued to the spouse upon approval.

7. Conditional Residence (if applicable)

The spouse will receive conditional permanent residency if the couple has been married for less than two years when obtaining the green card.
Within ninety days of the conditional green card’s expiration, the couple must jointly file Form I-751 to have the residency requirements lifted.

Couples who follow these steps and provide the necessary papers can complete the process of acquiring a green card by marrying a US citizen or permanent resident. A seamless application process depends on staying current with the latest immigration laws and regulations.

What Are the Costs of Obtaining a Green Card Through Marriage?

There are several expenses associated with obtaining a green card through marriage, such as filing fees with the government, fees for a medical examination, and possible legal fees. The expenses related to getting a green card through marriage are broken down as follows:

Government Filing Fees

Form I-130 (Petition for Alien Relative): $675
Form I-485 (Application to Register Permanent Residence or Adjust Status): $1,440 (plus $85 biometric services fee for applicants aged 14-78)
Form I-765 (Application for Employment Authorization, if applicable): $520 (optional)
Form I-131 (Application for Travel Document, if applicable): $630 (optional)

Medical Examination

The location and healthcare provider impact the cost of a medical examination. It usually consists of a medical exam, immunizations, and any required laboratory testing and is a prerequisite for applying for a green card.

Attorney Fees

Many people engage an immigration lawyer to help them with the green card application process; however, it is unnecessary. The intricacy of the case and the services rendered can affect the cost of an attorney.

Translation and Documentation Cost

Additional costs may be associated with translating documents into English or obtaining certified copies.

Miscellaneous Costs

Other potential costs include passport photos, postage for mailing applications, and travel expenses for attending interviews or biometrics appointments.

Budget for these costs when planning to obtain a green card through marriage. Additionally, applicants should be aware that government filing fees are subject to change, so check the most up-to-date fee schedule on the USCIS website before submitting any applications.

Does It Matter Where the Marriage Takes Place?

Yes, the location of the marriage can have implications for the immigration process. In general, legally recognized marriages in the jurisdiction where they occur are considered valid for immigration purposes. However, it’s essential to ensure that the marriage complies with the laws of both the country or state where it took place and the United States.

Furthermore, marriages consummated purely to receive immigration benefits or those deemed fraudulent may result in serious repercussions, such as the refusal of immigration benefits and even judicial sanctions. Therefore, ensuring that the marriage is engaged with sincere motives and in good faith is essential.

Marriage Fraud and Its Repercussions

Marriage fraud, which involves entering into a marriage solely for immigration benefits or evading immigration laws, can have severe repercussions for both the individuals involved and the U.S. immigration system. Here are some of the consequences of marriage fraud when marrying a U.S. citizen:

Denial of Immigration Benefits – If marriage fraud is detected, the immigration authorities may deny the immigrant spouse’s application for a green card or other immigration benefits. This can result in the immediate termination of the immigration process and potential deportation proceedings.
Criminal Penalties – Marriage fraud is a federal crime under U.S. immigration law. Individuals guilty of marriage fraud may face criminal charges, including fines, imprisonment, and deportation.
Permanent Immigration Bar – Individuals found to have engaged in marriage fraud may be subject to a permanent bar on immigrating to the United States. This can have long-lasting consequences for future immigration applications and travel to the U.S.
Revocation of Green Card – If a green card was obtained through marriage fraud, the immigration authorities may revoke it. This can lead to loss of lawful permanent resident status and potential deportation.
Inadmissibility Grounds – Individuals involved in marriage fraud may become inadmissible to the United States, making it difficult or impossible for them to enter the country in the future.
Damaged Relationships – Marriage fraud can damage relationships between the individuals involved and with family members and friends. It can lead to mistrust, resentment, and emotional distress.

U.S. immigration authorities take marriage fraud very seriously, and individuals should be aware of the severe consequences before engaging in any fraudulent activities. It’s crucial to ensure that marriages are entered into for genuine reasons and that all immigration applications are filed accurately and truthfully to avoid legal and immigration consequences.