Green Card Through Marriage

Under immigration laws, the spouses of U.S. citizens are called “immediate relatives,” who enjoy an immigrant visa classification that does not have an annual quota for green card issuances.

A person who is married to a lawful permanent resident, on the other hand, may be able to get a green card through his or her marriage. However, unlike spouses of U.S. citizens, spouses of green card holders are subject to an annual quota for green card issuances, which means your spouse may have to wait longer in line to obtain a green card.

Whichever situation you are in, once granted a green card, you may enjoy the benefits of being a lawful permanent resident, such as but not limited to:

• Being allowed to work and reside in the United States permanently;
• Apply for federal benefits (e.g., government-sponsored financial aid for education and social security);
• Access to educational institutions such as Universities or colleges;
• Become a U.S. citizen.

If you want to be reunited with your spouse, call our marriage green cards attorney in Wisconsin today!

Who Qualifies for it?

Obtaining a green card through marriage is allowed by the USCIS to reunite spouses in the country. A green card by marriage, like any other immigrant visa classification, has qualifying requirements that must be met before such a benefit can be obtained.

In general, you and your spouse (who may be a U.S. citizen or lawful permanent resident) must enter into a legal and bona fide marriage. This implies that your marriage must be legal and recognized by the laws of the state or country where you live. 

Genuine or Bona Fide Intention

Moreover, the marriage must be entered with a genuine or bona fide intention, which implies that the marriage with your spouse must be undertaken because you love them and want to truly make a life with them, rather than for immigration grounds alone.

Moreover, it makes no difference whether the marriage ceremony is held in the United States or abroad, as long as the local laws are followed.

Same-Sex Marriages are now Allowed for Marriage-Based Green Cards

In the case of U.S. v. Windsor, the U.S. Supreme Court overturned the key provisions of the federal Defense of Marriage Act (DOMA), which barred same-sex couples from receiving some government benefits. This was later on reinforced in the case of Obergefell v. Hodges, in which the Supreme Court legalized same-sex marriage in every state and territory in the United States.

With this, a qualified spouse of same-sex marriage can now petition for their foreign spouse in which the application process is similar to that of traditional marriage.

Marrying While There is an Ongoing Removal Proceeding

Suppose you were married while there is an ongoing removal proceeding against you. In that case, your marital status is deemed suspect since the government would believe that the marriage was your last attempt to avoid deportation.

Although you are permitted to marry even if you are facing deportation, you must establish that the marriage was entered into in good faith and not to prevent deportation.

If you find yourself in this scenario and are unsure what to do, contact our Wisconsin marriage green cards attorney, who will give you excellent legal advice on what to do to prove that your marriage is genuine.

What if We’ve Only Been Married for Less Than 2 Years?

The USCIS is very particular when it comes to marriages since it is notorious for being used as a tool to get a green card. In the case where you’ve just only been married for less than 2 years at the time when you file for an immigrant visa, the immigration authorities may raise suspicions. But, it doesn’t mean the foreign spouse cannot get a green card. He or she may do so but will be awarded a conditional 2-year green card rather than an unlimited or full-fledged one.

How Can I Prevent Being Designated as a Conditional Permanent Resident?

There are two approaches you may take to prevent such conditional residence:

1. Wait at least two years after your marriage before applying for permanent residence status, OR
2. You may file an I-751 Petition to eliminate residency restrictions.

If you want to pursue the second option, you must file it at least 90 days before your conditional green card expires. Visit the USCIS website to learn more about the requirements for filing I-751.

Are you having a hard time proving your marriage was entered into good faith? Consider getting help from an experienced marriage green cards attorney in Wisconsin.