Yes, in many cases, marrying a U.S. citizen can open a path to remaining in the U.S. and obtaining lawful permanent resident status, commonly known as a Green Card. The specific process depends on whether you are currently in the U.S. or abroad, and your previous immigration status.
Pathways to Staying in the U.S. After Marriage
There are primary pathways for foreign nationals who marry U.S. citizens to obtain a Green Card:
1. Adjustment of Status (AOS)
If you are already in the United States and entered legally (e.g., on a visa), you may be eligible to apply for Adjustment of Status. This process allows you to apply for lawful permanent residence without having to leave the U.S. It generally involves filing Form I-130, Petition for Alien Relative (filed by your U.S. citizen spouse), concurrently with Form I-485, Application to Register Permanent Residence or Adjust Status (filed by you).
2. Consular Processing
If you are residing outside the United States, or if you are in the U.S. but not eligible for Adjustment of Status (e.g., you entered without inspection), you will typically go through Consular Processing. In this path, your U.S. citizen spouse files Form I-130, Petition for Alien Relative, on your behalf with U.S. Citizenship and Immigration Services (USCIS). Once approved, the case is sent to the National Visa Center (NVC) and then forwarded to a U.S. embassy or consulate in your home country for an interview to obtain an immigrant visa. After receiving the immigrant visa, you can enter the U.S., and your Green Card will be mailed to you.
3. Special Case: K-1 Fiancé(e) Visa Holders
If you entered the U.S. as a K-1 nonimmigrant (fiancé(e)) and married your U.S. citizen petitioner within 90 days of your arrival, you are eligible to apply for lawful permanent resident status (Green Card) while remaining in the United States. This pathway is a specific form of Adjustment of Status tailored for K-1 visa holders who fulfill their visa's purpose by marrying the U.S. citizen who petitioned for them.
Key Requirements for Spousal Green Card
Regardless of the pathway, several core requirements must be met:
- Valid Marriage: You must be legally married to a U.S. citizen. The marriage must be legitimate and entered into in good faith, not solely for immigration purposes.
- U.S. Citizen Petitioner: Your spouse must be a U.S. citizen.
- Financial Support (Affidavit of Support): Your U.S. citizen spouse must demonstrate the financial ability to support you by signing Form I-864, Affidavit of Support. This ensures you will not become a public charge.
- Admissibility: You must be admissible to the U.S., meaning you do not have certain criminal records, past immigration violations, or health issues that would make you ineligible for a Green Card.
Important Considerations
- Bona Fide Marriage: USCIS scrutinizes marriage-based petitions to ensure the relationship is genuine. You will need to provide evidence of a shared life, such as joint bank accounts, shared leases, photos, and joint insurance policies.
- Conditional Green Card: If you have been married for less than two years when your Green Card is approved, you will receive a conditional Green Card valid for two years. Before this card expires, you and your spouse must file Form I-751, Petition to Remove Conditions on Residence, to prove the marriage is still bona fide and remove the conditions, receiving a 10-year permanent Green Card.
- Overstays and Unlawful Presence: While marriage to a U.S. citizen can sometimes forgive an overstay for those who entered legally, it is crucial to consult with an immigration professional regarding any unlawful presence or past immigration violations, as these can affect eligibility.
The Application Process at a Glance
The process generally involves several steps and required forms.
| Step | Description | Filed By | Key Forms |
|---|---|---|---|
| 1. Petition for Alien Relative | The U.S. citizen spouse formally requests immigration for their foreign spouse. | U.S. Citizen Spouse | Form I-130 |
| 2. Green Card Application | (Adjustment of Status) The foreign spouse applies for permanent residency from within the U.S. OR (Consular Processing) The approved petition is sent to NVC for processing and an interview abroad. |
Foreign Spouse (AOS); NVC (CP) | Form I-485 (AOS); DS-260 (CP) |
| 3. Supporting Documentation | Submitting evidence of a bona fide marriage, financial ability, and personal documents (birth certificates, passports, etc.). | Both Spouses | Various documents (marriage certificate, photos) |
| 4. Biometrics Appointment | Attending an appointment to provide fingerprints, photos, and a signature for background checks. | Foreign Spouse | N/A (appointment notice) |
| 5. Interview | Both spouses attend an interview with a USCIS officer (AOS) or the foreign spouse attends an interview at a U.S. embassy/consulate (CP). | Both Spouses (AOS); Foreign Spouse (CP) | N/A (interview notice) |
| 6. Decision & Green Card Issuance | If approved, the foreign spouse receives their Green Card (conditional if married less than two years). | USCIS | Green Card |
| 7. Remove Conditions (if applicable) | If a conditional Green Card was issued, file to remove conditions before the two-year expiration. | Both Spouses | Form I-751 |
Navigating U.S. immigration law can be complex, and individual circumstances vary. It is highly recommended to seek guidance from an experienced immigration attorney to ensure all requirements are met and to successfully apply for a Green Card after marriage.
