One of the most common ways to obtain permanent residency in the United States is through marriage.

The immigration benefit is available to the spouse of a U.S. citizen or a lawful permanent resident (green card holder).

Frequently Asked Questions:

1.) When can I apply for permanent residency through marriage?

As soon as you have proof of a valid marriage, such as a photocopy of your marriage certificate, you can start the process of obtaining a green card.

However, it is important to note that you must demonstrate that your marriage is genuine.

The United States Citizenship and Immigration Services (USCIS) reviews marriage-based green card applications more carefully than other green card applications.

Both parties must ensure that neither intends to use the marriage to circumvent immigration regulations.

Arranging a sham marriage to obtain a green card certificate constitutes fraud. As a result, USCIS requires you to prove the validity of your marriage.

2.) What forms do I need to apply for a green card based on marriage?

First, it is essential to recognize that there are two basic ways to immigrate: consular processing and adjustment of status. Most people do not have another option. The forms you will need to complete are determined by the route you take to immigrate.

An immigration lawyer can provide you with all the guidance and assistance you need with the required forms for permanent residency applications based on marriage.

You may be interested in: Permanent residency through marriage: adjustment of status or consular processing?

  1. Is it possible to receive a green card if I am married to someone of the same sex?

Already married LGBTQ+ couples can apply for asylum in the United States in the same way as any other married opposite-sex couple.

The marriage, like heterosexual marriages, must be legal. In other words, the marriage had to be celebrated in a country where same-sex marriage is allowed.

You may be interested in: Green Card for LGBT Community Marriages

4.) When I live apart from my spouse, can I receive a green card through marriage?

The reason you live apart from your spouse may affect your eligibility for a green card:

A.) Marital issues

We all know that many marriages start well but end in divorce.

Officials from the United States Citizenship and Immigration Services (USCIS) are aware of these challenges. The officer is most likely to examine your relationship and intentions at the beginning of the marriage.

In circumstances involving marital problems, it is always recommended to seek the advice of an experienced immigration lawyer.

B.) Temporary resettlement

Sometimes, it may be required for a married couple to live separately, even in different countries.

This is often the result of a temporary assignment or another situation. Some examples include a spouse serving in the United States Armed Forces or another temporary assignment working abroad.

In these situations, it is always a good idea to speak with an immigration lawyer to ensure you do not encounter any problems.

5.) How long does it take to get a green card through marriage?

The time it takes to receive a green card through marriage depends on the immigration method you choose (consular or adjustment), visa availability, workload, and your ability to submit a well-organized application package.

6.) When can I apply for U.S. citizenship?

After five years of continuous residence, a lawful permanent resident can become a naturalized U.S. citizen. Permanent residents married to U.S. citizens benefit from a faster path under U.S. immigration law.

A permanent resident spouse of a U.S. citizen can naturalize after only three years if the U.S. citizen has been a citizen the entire time.

These are just some of the frequently asked questions that arise while applying for permanent residency through marriage.

The entire immigration process is often very complicated for people unfamiliar with the complex immigration laws.

At Duque Immigration Law Offices, as immigration attorneys, we are committed to offering you all our support to address your concerns and reach a happy ending.

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