Many people believe that getting married to a U.S. citizen is the “fast track” to becoming a Lawful Permanent Resident. While this is true for some people, there are others who often must go through a longer process in order to obtain their Green Cards. Many people ask themselves, “I’m married to a US Citizen, now what?” The summary of the process below is described for those cases where the foreign born spouse had not previously entered the country unlawfully or committed any previous crimes-immigration or otherwise. In such cases where the Petitioner or the Beneficiary has a criminal past or a past with immigration violations (read our “I-601A Waivers” blog for more info), it is strongly recommended that you consult a currently licensed and experienced immigration attorney.
To begin the process of Adjustment of Status to Lawful Permanent Resident, (obtaining your Green Card), the U.S. citizen husband or wife will act as a Petitioner on behalf of their spouse. It should be remembered that from a legal perspective, it is this person’s petition at this point. The United States Citizen is exercising his or her right to marry a foreign born spouse and request Lawful Permanent Resident Status for them, (Green card status).
- As part of the process, both the spouse seeking Permanent Residence and the US citizen must submit recent biographic information in order to support USCIS’ formal background check on a Form G-325A.
- Along with this, the Petitioner and the Beneficiary would submit valid birth and marriage certificates, financial information of the Petitioner (tax returns), Passport photos, and at the time of the interview, documents to prove the marriage is bona fide (a good faith marriage not based on fraudulent intent). The interview that follows will be attended by the Petitioner, (United States Citizen), the Beneficiary, (the foreign born spouse), and their attorney.
Our attorneys at MJ Law provide full immigration legal service every step of the way from document preparation, meeting with the couple weeks before the interview in preparation, attendance at the interview, and continuous follow up with the USCIS until the Green card is received.