US Marriage Based Green Cards

US Citizens and US Permanent Residents (Green Card holders) living in the United States have the ability to petition USCIS for the admittance of their spouse as a US Permanent Resident at any time. While the length of time required to obtain an approval may very depending upon the circumstances surrounding each individual application, US Green Cards issued on the basis of Marriage can sometimes be obtained in as little as 6 months.

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Benefits

The primary benefit of filing an immigrant relative petition based upon marriage to a US citizen over filing a K-3 petition is that if approved, the foreign spouse enters the US as lawful permanent resident or green card holder. As a result, holders of US Green Cards will be able to immediately begin working upon arrival in the US without first obtaining an Employment Authorization Document (EAD) and they will already have completed the Green Card registration process.

Obtaining a US Green Card prior to relocating also brings the prospect of obtaining US Citizenship one step closer than it is for individuals who choose to pursue other marriage visas.

Eligibility Criteria

In order to sponsor a foreign spouse for a US Green Card, petitioners must either be US Citizens or US Permanent Residents (Green Card holders). In addition, petitioners must be able to meet the following requirements:

- Parties must be legally married and able to produce a valid Marriage Certificate. Unmarried cohabitation is not included in this category and unmarried partners may not sponsor USA visas.

- The sponsoring party must be over 18 years of age in order to sign an affidavit or support.

- In addition, a selection of documentation will be required including the applicant's passport, medical examinations and police clearances, proof of the petitioner's (sponsor's) citizenship, marriage certificate and where applicable documentary evidence of the termination of any previous marriages.

Timescales

For US Citizens living in the United States whose spouse is abroad, the process of obtaining a US Green Card on the basis of marriage will take approximately 12-18 months to complete. However, if a US Citizen is living abroad with their foreign national spouse at the time of application, a new Immigrant Visa can often be secured in as little as 16 weeks.

US Permanent Residents must submit petitions for their spouse while residing in the United States and cannot be living abroad at the time of application. They should also expect to experience processing times of up to 24-36 months before a US Green Card is issued to their spouse.

Dependent Immigration

Dependants under the age of 21 can be included on US Green Card applications provided that they are supported 100% by the primary beneficiary of the application. In cases involving joint custody, legal documentation must be provided in order to ensure that all parties with a responsibility for a child's well being are aware of the intent to pursue permanent residency in the United States.

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