ESTA

APPLYING FOR A GREEN CARD THROUGH MARRIAGE

Obtaining a green card through marriage to an American citizen is one of the fastest ways to obtain permanent residency (and citizenship) and thus live in the United States (just like the green card lottery). But it can also create major problems for couples who don’t understand the U.S. immigration system or visa application. In fact, the residency card is not automatically granted after marriage. Getting married can facilitate access to the USA, but there is an application process that foreign nationals must follow and respect: there are several steps that include application forms, a medical examination, fingerprints and various approvals. Unlike theESTA, the green card for immigrating to the USA is a very difficult authorization to obtain. How do you get one? We explain.

OBTAINING A GREEN CARD WITH A MARRIAGE

The process of applying for a green card begins with the submission of a completed Form I-130 to U.S. Citizenship and Immigration Services (USCIS). By filing the request, you establish the existence of a valid relationship between you and your spouse living on U.S. territory with the government, and the need for family reunification. At the same time, you request that a green card be reserved for your spouse. Once the I-130 form is approved, the government will recognize that a valid relationship exists between the future spouses, and will confirm that a USA visa has been reserved.

Eligibility to obtain a green card through marriage to an American citizen requires :

The fast-track nature of the procedure for obtaining a permanent residence permit also makes it open to fraud by some people who simulate a fictitious marriage in order to obtain benefits on the issuance of the green card ( work permit among others). Consequently, obtaining a green card through marriage is closely monitored by USCIS and requires a valid passport. It is easy to obtain or forge a marriage certificate. However, the couple must do their best to prove that the marriage is genuine and that they intend to stay together. USCIS will review the files to confirm that there is no attempt to evade immigration laws with a fraudulent marriage, the latter of course preventing receipt of a permanent resident card.

HOW TO OBTAIN A GREEN CARD BY MARRIAGE

In the absence of the green card (which can be obtained through marriage or the green card lottery , threatened by Donald Trump), all persons who have entered the United States legally are generally inspected by a Customs and Border Protection officer at a port of entry such as an airport, seaport or border crossing. The individual may have used one of the following authorizations:

If this legal means of entry has expired, the immigrant is out of status and considered undocumented. However, it is still possible to obtain a green card through marriage to an American citizen, even if the foreign spouse’s authorization has expired. He or she must prove legal entry at the time of application, by submitting a copy of a visa stamp or Form I-94 (Arrival/Departure Record).

However, regularization of status becomes more complicated when the time of illegal presence exceeds 180 days. If your spouse’s period of illegal presence in the U.S. exceeds this period, consult an immigration attorney before filling out any USCIS forms. Residing on U.S. soil can quickly become an obstacle course for immigrants, even if you decide to marry a U.S. citizen!