Permanent Residence (Green Cards) Through Marriage

The process for adjusting the status of an alien lawfully present in the United States who marries a United States citizen requires us to submit proof of several crucial factors. We must prove that the alien entered the United States "with inspection", meaning with a valid visa or visa waiver. We must prove the identity of each party, and we must prove that the person marrying the alien is in fact a United States citizen either through birth or naturalization. We must prove that the alien and the citizen are legally married. This includes proving that any prior marriages entered into by either of the partys were dissolved at the time of the present marriage, in addition to proving that the present marriage has occurred.

Even though in this scenario the intending alien is present in the United States and does not require to leaving the United States in order to adjust his or her status, the United States Citizenship and Immigration Service (USCIS) in some ways looks at this process as if the alien were outside the United States. For this reason, in addition to filing the appropriate petitions to obtain Permanent Resident status, we must also file for a spousal visa.

One of the requirements for a spousal visa is that the intending immigrant have sufficient financial resources to meet his or her needs while in the United States and unable to lawfully work. In order to satisfy this requirement we need to submit at least one Affidavit of Support, in addition to tax returns and other financial documents proving that the sponsor, in this case the spouse, has sufficient income to support the alien.

If the sponsor does not have sufficient income to support the alien, the sponsor may ask another United States citizen or Permanent Resident to agree to provide financial support for the alien if needed.

In addition, we must establish that the intending alien does not suffer from any health-related concerns that would bar him or her from entering the United States. Specifically, we need to submit a medical examination form completed and signed by a doctor specifically designated by USCIS as a designated civil surgeon.

If the intending alien wishes to work while the Permanent Residence application is pending, he or she may apply for temporary Employment Authorization at the same time as he or she applies for the Green Card.

The attending alien will be required to travel to closest USCIS District Office in order to have his or her photographs and fingerprints taken. For residents of eastern Pennsylvania, the office is in Philadelphia. This process is called "biometrics" and is a fairly routine process. As with all USCIS appointments, it is very important that the alien be available for this appointment when it is scheduled. It is possible to reschedule appointments in the events of emergency, but doing so tends to add a substantial amount of waiting time to the process, and invites higher possibility of a mistake on the part of USCIS.

The final step before Permanent Resident status is granted is an interview of the applicant and beneficiary, conducted by USCIS staff at the closest USCIS District Office. For residents of eastern Pennsylvania, the office is in Philadelphia. The purpose of this interview is to determine to the satisfaction of the USCIS officer, that the marriage is genuine and was not entered into for immigration purposes. Typically, the immigration officer will interview both parties together, and may speak to each party individually with the other party out of the room. The immigration officer will ask each party questions about the other. The questions are intended to establish whether or not the parties are sufficiently acquainted and whether or not their marriage is real.

You do not need to have an attorney present at this interview. Remember that this is an interview, not a hearing or legal proceeding. At this interview, an attorney cannot answer questions on your behalf, object to any questions asked by the interviewer, or present any argument on your behalf. If your attorney has done a good job earlier in the process, the USCIS will have everything it needs to approve your case.

For these reasons, I allow my clients to choose whether or not to have me attend the interview with them. In most cases, I do not believe it is a necessary expense for them to incur. I always assist my clients in preparing for the interview. I have never had an adjustment application denied based upon the interview process where both husband and wife attended together.

Once the interview is over, your petition should be approved and the Permanent Resident card (Green Card) should be mailed to you. If you have been married less than two years, the alien will become a Conditional Permanent Resident, with his or her status conditioned on the marriage. In these cases, the first Green Card issued will have an expiration date approximately two years from the date of issue. It will be necessary to apply to remove the conditions before the expiration date.

Before the Green Card expires, the holder must apply to have the conditions removed. This is very important, as failing to do so may subject the Green Card holder to removal proceedings. Once the conditions are removed, the holders status will not expire, even though the card itself must be renewed every ten years.

With a Green Card, the alien has permission to live and work in the United States indefinitely and with very few restrictions. Any Green Card holder should be careful about extended absences from the United States, as an extended absence may lead the USCIS to conclude that the holder has abandoned his or her Permanent Resident status. This may prevent the Green Card holder from re-entering the United States. In addition, certain crimes and other activities may lead the United States government to take action to strip the alien of their Permanent Resident status and remove them to their home country.