Green Card Through Marriage
U.S. citizens have the ability to petition for their foreign-born spouse to live permanently in the United States. Depending on the length of the marriage, there are different visa options available for spouses seeking permanent residency. These include:
Immigrant Visa for a Spouse of a U.S. Citizen (CR1) – Married Less Than Two Years
The CR1 Visa is available for couples who have been married for less than two years. This visa grants the foreign-born spouse conditional residency for two years. After arriving in the U.S., the spouse may begin working within a few months. However, before the end of the two-year conditional period, the couple must apply for permanent residency to remove the conditions. Additionally, the couple will be required to attend an interview to verify the legitimacy of their marriage and ensure it’s not a fraudulent attempt to bypass immigration laws.
Immigrant Visa for a Spouse of a U.S. Citizen (IR1) – Married Two Years or More
For couples married for more than two years, the IR1 Visa offers the foreign spouse immediate, conditional permanent residency. The spouse is eligible to work as soon as the visa is approved and can hold permanent resident status upon entry into the U.S. This type of visa eliminates the need for a conditional residency period.
Not Yet Married? Consider the K-1 Visa for Fiancés and Fiancées
For couples who are engaged but not yet married, the K-1 Visa (Fiancé Visa) provides an option. This nonimmigrant visa allows a foreign fiancé or fiancée to travel to the U.S. to marry their U.S. citizen partner within 90 days of arrival. Once married, the foreign spouse can apply for permanent residency (Green Card).
To qualify for a K-1 Visa, the U.S. citizen petitioner must meet certain requirements, including:
- No serious criminal history
- U.S. citizenship status
- Proof of having met in person within the last two years
- Legal eligibility to marry
- The financial ability to support the fiancé or fiancée
Navigating the K-1 Visa process can be complex, and a skilled fiancé visa attorney can help ensure all documentation is in order and prevent unnecessary delays in the application process.
If you obtained conditional residency through marriage or as a fiancé(e) who later married, you must file USCIS Form I-751 to remove these conditions.
Conditional Green Cards last two years. To maintain legal residency, you must apply for condition removal within 90 days before expiration. Failure to do so may lead to status termination and removal proceedings.
How to Apply
Submit Form I-751 for marriage-based residency. You and your spouse are no longer together? You may still qualify if:
- Your spouse has passed away.
- Your marriage ended in divorce or annulment.
- You or your child suffered abuse.
- Deportation would cause extreme hardship.
Errors can lead to denial. A skilled attorney ensures accuracy and timely submission, particularly in divorce or late-filing cases, which face extra scrutiny. Once filed, your residency is extended until USCIS reaches a decision.
What If Your Petition is Denied
Denials lead to removal hearings, risking deportation. Appeals aren’t available, but you may present new evidence before an immigration judge. Legal representation improves your chances of staying in the U.S.