How To Get A Marriage Green Card Visa For USA Legally ?
Immigrating to the United States is often a long and tedious process, with the length of time and the amount of red tape you have to cut through being dependent on which immigration category you are filing under. Those looking to obtain a green card through marriage have some conditions that immigration through other categories do not have. This is easiest to accomplish when one of the spouses is already a permanent US citizen, whether by birth or legal immigration. You can be granted permanent residence on a conditional basis for two years, in this case. If the marriage is more than two years old at the time of the status adjustment, then the conditional basis period is waived and a ten year Permanent Resident Card (also known as a Green Card) is issued when the United States Citizenship and Immigration Services (USCIS) approves the application. To remain in the country legally after that conditional basis period is over, you must apply in advance the form I-751 (Petition to Remove Conditions on Residence). That will allow you to have your conditional residence extended in one year increments until the petition to remove the conditions on your residency is either approved or denied. The USCIS will want you to provide evidence that the initial petition was not entered fraudulently, so in the case of marriage, birth certificates of your children, financial statements from any jointly held banking accounts, and letters from employers, friends and other family members may be required. You may also be required to attend interviews with a USCIS inspector, and both spouses will usually need to be present for those. USCIS just wants to make sure that the marriage was not solely for the purpose of getting a Green Card. This does not apply to Green Card holders that are married to people that are not already citizens of the United States. If this is the case, you cannot legally bring your spouse over without first waiting for your spouse to get an immigrant visa approved by the State Department. Unfortunately, this can take up to five years to be approved, and due to the intent to immigrate being known, your spouse cannot even come to the United States on a simple visitor visa. However, by going through the proper channels and being patient, you stand a much better chance of having your spouse and family with you in the United States without too many obstacles.
If you are a U.S. Citizen, there are 3 ways to apply for the Green Card (Permanent Residence) for your Foreign National Spouse:
(1) If both you and your Foreign National Spouse are in the U.S., you apply through Adjustment of Status with the USCIS.
(2) If both and your Foreign National Spouse are outside the U.S., you apply through Consular Processing at an American Consulate (or Embassy) abroad. Click here for the list of American Embassies.
(3) If you are in the U.S. and your Foreign National Spouse is outside the U.S., you may apply for the K-3 Visa (so your Foreign National Spouse may come the U.S.) then file the I-485 Adjustment of Status petition with USCIS (for your Foreign National Spouse's Permanent Residence Green Card).