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1. Get Green Card through Marriage to a U.S. Permanent Resident
Thousands
of foreign-born people become engaged or married to U.S. permanent residents every year. The
immigration process for Green Card through marriage varies based on
whether a foreign national intends to marry the U.S. permanent
residents in the U.S. or outside the
U.S. Normally, a U.S. permanent resident would file an
immigration petition with the United States Citizenship and
Immigrations Services (USCIS). The U.S. legal permanent resident is
called the sponsor, and the
alien spouse for whom the immigration petition is filed is called the
beneficiary.
When
a foreign national marries a U.S. permanent
resident, he or she is considered as a close relative of
the U.S. permanent resident.
There are numerical limitations to this family-based category, and the
U.S. permanent resident
spouse (husband or wife) in the U.S. can file an application of
permanent residence for the foreign spouse with USCIS, once the
marriage has taken place. The applicant will be required to demonstrate
to USCIS that the marriage was entered into good faith, and not solely
for the purpose of securing immigration benefits for the foreign
national.
A
lawful permanent resident is a foreign national who has been granted
the privilege of permanently living and working in the United States.
If a foreign spouse wants to become a lawful permanent resident based
on the fact that he or she married a U.S. permanent
resident, the USCIS will approve an immigrant visa
petition. This petition is filed by the U.S. permanent
resident spouse and must be accompanied by proof of the
marriage relationship.
A
U.S. legal permanent resident can be the sponsor of a family-sponsored
immigration petition. However, the sponsor has to meet certain
requirements and legal obligations. The sponsor has to submit a legally
binding affidavit of support for the beneficiary to USCIS, in which the
sponsor guarantees to maintain the standard of living of the intending
immigrant at a level not lower than 125% of the national poverty level.
This obligation continues until the beneficiary has become a U.S.
citizen, or has worked in the United States for 40 qualifying
quarters.
2. The Immediate
Relatives and the Family-Sponsored Preferences
The
"immediate relatives" of a U.S. citizen (parents, spouses, widows and
children being unmarried and under 21 years of age) can immigrate to
the United States without being subject to any numerical restrictions.
They can apply for U.S. permanent resident status without any waiting
time. The rest of the beneficiaries are divided into several groups
called preferences. Each preference is given a numerical quota per year
to limit the number of immigrants admitted into the United States. The
immigrant visa dates on the Visa
Bulletin of
the U.S. Department of State are updated monthly, usually around the
14th of each month.
The close family members of U.S. citizens or U.S.
permanent residents are divided into several groups called preferences.
Family-sponsored immigration has an overall
quota per year, plus unused numbers from employment-based preferences. Each preference is given a numerical quota per year
to limit the number of immigrants admitted into the United
States.
The
Immigration and Nationality Act (INA) sets an annual family-sponsored
preference limit of 226,000. The worldwide level for annual
employment-based preference immigrants is at least 140,000. Also, INA
prescribes that the per-country limit for preference immigrants is set
at 7% of the total annual family-sponsored and employment-based
preference limits, i.e., 25,620. The dependent area limit is set at 2%,
or 7,320.
The
following are the immigrant visa numbers for family-sponsored
preferences:
First
Preference: (F1) Unmarried Sons and Daughters of
Citizens: 23,400 plus any numbers not required for fourth
preference.
Second Preference:
Spouses and Children, and Unmarried Sons and Daughters of Permanent
Residents: 114,200, plus the number (if any) by which the worldwide
family preference level exceeds 226,000, and any unused first
preference numbers:
A.
(F2A) Spouses and Children: 77% of the overall second preference
limitation,
of which 75% are exempt from the per-country limit;
B.
(F2B) Unmarried Sons and Daughters (21 years of age or older): 23% of
the overall second preference limitation.
Third
Preference: (F3) Married Sons and Daughters of
Citizens: 23,400, plus any numbers not required by first and second
preferences.
Fourth
Preference: (F4) Brothers and Sisters of Adult
Citizens: 65,000, plus any numbers not required by first three
preferences.
3. The Definition of Marriage and Spouse in
U.S. Immigration law
Marriage is a subject matter of the
laws of the state or country where the marriage was entered into.
Federal laws usually recognize the validity of a marriage if the
marriage was valid in a state or another country where the marriage was
entered into. However, according to The Defense
of Marriage Act, U.S. Congress clarifies that the word
"marriage" means only a legal union between one man and one woman as
husband and wife, and the word "spouse" refers only to a person of the
opposite sex who is a husband or wife. Apparently, U.S. Congress
interprets that marriage exists only between male and female.
Immigration laws stated that a person
does not qualify as a spouse, husband, or wife for immigration purposes
if the marital relationship was created by a marriage ceremony, where
the parties were not physically present in the presence of each other,
such as a proxy marriage, unless the marriage has thereafter been
consummated.
4. The Alien Relatives Who Can Immigrate to
the United States
An
immediate relative petition can be filed by a U.S. citizen on behalf of
a spouse, parent, or child. A preference petition is filed by a U.S.
citizen on behalf of a son or daughter, or by a legal permanent
resident on behalf of a spouse, son or daughter.
An
"immediate relative" of a U.S. citizen is the spouse, parent, widow, or
child of the U.S. citizen. Specifically, a "child" is the son or
daughter of a U.S. citizen, who is unmarried and under the age of 21.
An adopted child qualifies as long as the adoption was finalized before
the child's 16th birthday. A stepchild qualifies as long as the
marriage had occurred before the stepchild's 18th birthday. A "parent"
must meet the same test as for the "child". A father-in-law or
mother-in-law of a U.S. citizen are not "parents" of the U.S. citizen
for immigration purposes.
The
immigrant beneficiaries are strictly defined, and one has to meet the
definition of its category. Those who do not meet the definitions
cannot immigrate to the United States through family-based
immigration. The beneficiaries include spouses and unmarried
sons and daughters of lawful permanent residents.
A
U.S. citizen or lawful permanent resident of the U.S. may file Form
I-130, Petition for Alien Relative, to establish their relationship to
certain alien relatives who wish to immigrate to the U.S. A separate
form must be filed for each eligible relative. As a U.S.
citizen, you may file Form I-130 for:
1) A
child (unmarried and under 21 years of age);
2) An unmarried son or daughter (over 21 years of age);
3) A married son or daughter of any age;
4) Parents;
5) Brother or sisters;
6) Spouse;
7) Fiancee/Fiance.
As
a legal permanent resident, you may file Form I-130 for:
1)
Spouse;
2) A child (unmarried and under 21 years of age);
3) An unmarried son or daughter (over 21 years of age).
5. The Basic Requirements of Green Card Petition for Spouse or Child
The
spouse or child of U.S. Permanent Resident category provides foreign
spouses and children of permanent residents the opportunity to reunite
with family living in the United States and become permanent residents.
Permanent Residents have the right to live and work in the United
States permanently, leave and return to the United States with few
limitations, attend public schools and colleges and become a U.S.
citizen when eligible to do so.
As
a green card holder, or permanent resident, you may petition for
certain family members to immigrate to the United States as permanent
residents. You may petition for the following family members:
1) Spouse, husband or wife;
2) Unmarried children under 21,
3) Unmarried son or daughter of any age.
To
be eligible for a Green Card as a spouse or child of a U.S. Permanent
Resident, the foreign spouse and the U.S. lawful permanent resident
must be legally married as evidenced by a valid marriage certificate.
In addition, the lawful permanent resident must be residing in the
United States at the time of the application.
Children
of the lawful permanent resident must prove relationships through birth
certificates, adoption papers and marriage certificates. Applicants
must also meet certain health and character requirements.
If
your relative is already in the United States legally, he or she may
apply to adjust status to become a permanent resident after a visa
number becomes available using Form I-485, Application to Register
Permanent Residence or Adjust Status.
If
your relative is outside the United States, your petition will be sent
to the National Visa Center (NVC). The NVC will forward your petition
to the appropriate U.S. consulate when a visa becomes available and
your relative will be notified about how to proceed. This process is
referred to as “Consular Processing.”
6. The Children's Green Card Eligibility in Marriage-Based Immigration Process
If you are
applying for U.S. Green Card (lawful permanent residence) based on
marriage to a U.S. citizen or a U.S. permanent resident, your
foreign-born child may be eligible to obtain green card along with you.
This is true whether or not the foreign-born child is the biological
children of your petitioning spouse.
But the foreign-born child would not get Green Card automatically. The
child will have to go through the same or a very similar immigration
application process as you do. The child will have to prove that he or
she is not inadmissible, and that the child will be financially
supported along with you.
If your child are unmarried and under age 21, he or she will be placed
in the same immigrant category of applicant as you. The result will be
that the child can get a visa or green card at the same time as you do.
If your child is married or over age 21, they may or may not be able to
get an immigrant visa, and any visa they might get will take years
longer than yours to obtain. The eligibility will depend in part on
whether your spouse is a U.S. citizen or a permanent resident.
7. How to Prove Our Marriage Is Real to Apply For Green Card for Your Spouse
The requirements for
petitioning a foreign spouse for permanent residence (Green Card) are
more exhaustive than any other relationship. When filing Form I-130,
Petition for Alien Relative, the petitioner must also submit other
supporting documents to evidence the relationship.
U.S. immigration
officials have an additional layer of scrutiny for spousal
relationships. After all, sham marriages are one of the most common
ways to commit Green Card fraud. Immigration officials want to be sure
that your spouse is obtaining a U.S. Green Card based on a genuine
relationship.
As you prepare your I-130
petition package, it is important to paint a picture of your
relationship over time. For example, providing five photos over five
years is stronger evidence of an authentic marriage than 10 photos of
you together from just the past month.
Lack of evidence of a
bona fide marriage is one significant reason why I-130 petitions get
denied by USCIS. The authentic marriage related documents to include in
your I-130 petition package can help you make a strong case of a
genuine marriage. USCIS typically wants to see documents that fall into
as many of the categories as possible.
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Family Green Card Application
Service, www.greencardfamily.com