subject: Green Card Through Marriage - Top 5 Things to Know About the Process [print this page] Green Card Through Marriage - Top 5 Things to Know About the Process
The green card through marriage processs is one of the most common methods of applying for a green card in the United States. Foreign spouses of United States citizens are eligible to submit a green card through marriage application based on marriage to a U.S. citizen. Unlike other family members, a spouse of a U.S. citizen is considered an "immediate relative" and therefore not subject to a backlog for a green card. In addition, an immediate relative application, such as a green card through marriage application, is one of the few immigration applications that can "cure" certain immigration violations, such as overstaying a visa or unlawful presence in the U.S.. This is very helpful to those who are out of status or who have violated their status. In fact, the green card through marriage to a U.S. citizen process is for many foreign nationals the only option in legalizing their status in the U.S.
There is some amount of risk with every marriage green card application. If the process is not pursued with a high degree of care and caution, the results can be quite harsh. Negative consequences range from financial loss from application filing fees and a delay of processing to immigration court and removal proceedings, and in some rare cases, criminal prosecution for those whose marriage is deemed to not be "bona fide". For these reasons it is important to pursue your application with the highest amount of care possible.
Please see the below for the top 5 things to know when navigating the green card through marriage process:
The marriage must be real: In legal parlance, this is known as "bona fide". The marriage you have entered into must be "bona fide", meaning that it was entered into for love and not for immigration purposes. Marriage fraud is a federal crime and each spouse is potentially subject to a penalty of five years imprisonment and a $250,000 fine. In addition, if found to have committed marriage fraud, the non-U.S. spouse will likely be deported and banned from the U.S.
The marriage must be legal: This means that both parties are free to marry, all prior divorces have been legally recognized, and the marriage is recognized as legal in the jurisdiction where it took place.
You must have legally entered the U.S.: This means that when you entered the U.S. you were inspected by a CBP officer. This is rather significant because if you entered the country illegally (without being inspected by a CBP officer), you are generally not eligible to submit an application as an immediate relative through marriage. Those who entered the country illegally (without inspection) may have some options if they fit into 245(i) or they are eligible for a waiver.
You must be admissible: This is particularly important as committing certain crimes may make you ineligible for the process. In addition, partaking in certain illicit activities or admitting to certain activities may also make you inadmissible.
You should understand the implications of being out of status: While it is true that a green card through marriage application can cure unlawful presence or overstaying a visa, it can also cause you to be put in removal proceedings if your application is denied. This is why it is so important to carefully prepare your application. A denial for a simple error could result in immigration court and a whole other slew of issues requiring more time and money. There are many green card marriage risks.
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