Immigration through marriage is considered as a conditional permanent resident green card. In case foreign nationals arrived in the United States of America and within two years of their arrival, they marry their United States Citizen spouse.
A conditional permanent resident green card is issued, and adjustment of status through marriage is made. After the foreign national receives his or her conditional green card, the person is free to work and live anywhere within the United States of America.
5 Things You Should Know About Immigration Through Marriage
Though once a foreign national is free to live and work in the USA, there are some conditions that the foreign national should be aware of. Here are the five things that you need to know about immigration through marriage.
It Is Conditional
The immigration authorities take a look very closely at any immigration application that is based on marriage. They need to check whether the marriage is authentic or it is just for getting the green card. In recent days the rate of getting married only for the green card is increasing.
The USCIS or United States Citizenship and Immigration Services get a second chance by the immigration laws in order to review the validity of a marriage. So, they initially make the new immigrant not “permanent” and leave adjustment of status through marriage as a “conditional” resident.
After one year nine months, the immigrant gets a 90 days window to apply for a permanent green card to be issued. In case you have your green card through marriage, you have to file Form I-751 or petition for removing the conditions on residence. And you need to do it before the validity of your green card ends.
The Validity
If you check the privileges that you are getting from a conditional green card, you will get the same as a permanent green card. But your conditional green card has a validity period, and it is two years from the date you get a conditional green card.
This is the most important thing that you need to keep in mind while considering immigration through marriage. You also can get more information about the adjustment of status on our website.
Can It Be Reviewed?
You need to apply food removing the conditions on your green card 90 days prior to your green card’s expiry. Here are some things that you need to know about adjustment of status through marriage
- You need to be still married to a U.S citizen.
- If you have a child, you can not include him or her in the parent’s application.
You Can Petition With USCIS To Remove The Conditions On Your Residents
To remove the conditions on your immigration through marriage, you need to file a joint petition jointly with your U.S. spouse. You need to include some documents. Such as
- Memberships.
- Bank accounts or bank records.
- Leases that have both names.
- Birth certificates of any of the children.
If You Do Not File To Remove The Conditions On Your Residence
You need to properly file the petition to remove the conditions 90 days before your conditional green card expires. If you failed to do so, your conditional green card would be invalid at the end of two years.
It will terminate your residency status. And you will be moved into the removal process by the USCIS. USCIS will send you a notice to inform you that you have failed to remove the conditions. You will also be asked to appear at a hearing.
It should be pointed out that the government authorities including the ICE and the State Department and looking at marriage and visa through very strict eyes. With a lot of corruption and money getting changed in exchange for green cards, you need to be particularly careful of committing mistakes. This is why it is a good idea to work with leading immigration attorneys and prepare your deportation defense.
Conclusion
When you are applying for immigration through marriage, you need to keep in mind all the things. You will get the green card on a conditional basis. And one year and nine months later, you need to properly file a petition to USCIS in order to remove the conditions from your green card.
Once the whole process is completed, you will get a permanent green card from the United States, which will be valid for up to 10 years.