Legally Obtaining Permanent Residence Through Marriage: What to Expect

Obtaining Lawful Permanent Resident status in the United States is a complicated procedure that takes time, money and a great deal of patience. It involves a multi-stage process that takes more effort than people may think.

Once a couple decide to get married, the US citizen (or Permanent Resident) must file a petition to sponsor the alien fiancé(e) to move to the United States legally. This is the first important step. The US Citizenship and Immigration Services, more commonly referred to as USCIS, will deal with the immigration. The sponsor must file form I-130, which is the Petition for Alien Relative. The sponsor also needs to provide documentary proof of the relationship. Photos are not required at this stage, as they cannot be returned. But if the couple have joint assets, such as a house, then these can be provided as proof of the genuineness of the relationship. The sponsor will also have to proof that he or she can support their fiancé(e) 125% above the poverty line when they actually move to the United States. The reason for this is because new immigrants are not entitled to apply for financial aid from the government.

Once USCIS receives form I-130, they will review it and either approve or deny the petition. It is important to be thorough and answer each question to the very best of your ability. Fiancé(e)’s and spouses are categorised as immediate relatives and will be treated as priority cases. The approval notice can take anywhere between two weeks to a few weeks to arrive. After the approval notice arrives, it will contain specific instructions about what needs to be done next. The foreign national will be asked to fill in forms and provide their own documentary evidence for the next stage of the immigration process. This will usually involve visiting the United States embassy or consulate in their country and then submitting to a medical examination, followed by an immigration interview.

This stage of the immigration process can be very unnerving, but it need not rob a couple of their impending happiness. The prospective immigrant will need to be well prepared when they visit the US embassy or consulate. If their fiancé(e) lives in the same country as them, they can accompany them to the embassy or consulate, but they will not be required to answer questions or take part in the next stage of the process. The first part of the day will involve a medical examination to make sure that the prospective immigrant is in sound health and to also determine whether or not they have all of their vaccinations up to date. If they do not, they will be given the option of obtaining the vaccinations on the day or having them done by their local doctor at home prior to travel. Failure to do this will delay entry into the United States. The embassy doctor will also carry out an HIV test on prospective immigrants. It must come back negative. If it is positive immigration will be denied. The results will be back by the end of the day.

The interview that follows should not be a cause for concern. It is intended to help immigration officials see that the prospective immigrant knows about their fiancé(e) and can answer simple questions about them and their relationship. For example, they may ask when and where their fiancé(e) was born and how they met. This would be a good time to show photos and evidence that the couple have met. Then they will have to swear an oath to marry their US citizen/Permanent Resident fiancé(e) within 90 days of arrival in the United States. Failure to do so will invalidate the visa and they will then be subject to deportation from the country.

Upon successful completion of the embassy or consulate requirements, the prospective immigrant will be issued a visa with their category that will be stamped into their passport. They will be told when it expires. Travel does not have to occur immediately. The visa will be valid for a few months. The 90 day period starts the moment the immigrant has landed in the United States.

When the immigrant reaches the United States, they will need to present all of their documentation at the port of entry and they will then be fingerprinted before they can enter the country. The couple must marry within the 90 day period. After the marriage has been solemnised, they will need to show USCIS evidence that they fulfilled immigration requirements and then apply to register their new status. This is form I-485. It must be sent to the service centre that covers the state where the couple will be living. All this is clearly outlined in the form.

After this form has been submitted, the immigrant will have to have more fingerprints taken. It is important to be patient, as this stage of immigration is much slower than the first. USCIS will inform a couple when they are due for their joint interview. This is to establish the legality of the marriage. They will expect to see evidence of joint assets such as bank accounts, cars, tax returns and the marriage certificate. The officials will ask questions about the marriage and will also want to see wedding photos. It will take up to a year to reach this point. This interview is normally just a formality and will end with Conditional Permanent Resident status being conferred on the immigrant. This first green card will be valid for just two years. If a couple divorces during this initial two year period, then the immigrant could be deported from the country if there is reason to believe that it was a fraudulent marriage.

The next stage of the immigration process will begin 21 months after Conditional Permanent Resident status has been obtained. The couple must file a petition to remove conditions on residence, again, form I-485. The application must contain affidavits from at least two people who have known the couple during their marriage. They must be able to swear that they have personal knowledge of the marriage and their belief that it is legally binding. Parents or friends of the couple can submit affidavits. This application will take at least a year to process. But once it has been approved, the immigrant will be given Lawful Permanent Resident status, with a new 10 year green card. The expiration date does not mean the end of their rights. It is simply a guide to assist the Permanent Resident with when the card needs to be renewed. Once an immigrant becomes a Permanent Resident, the status can only be revoked under exceptional circumstances, such as a serious crime or if the Permanent Resident chooses to revoke it themselves.

Permanent Residents have similar rights to US citizens. The only exceptions are that they are not able to become president, take on certain jobs or vote in elections that are only open to US citizens. They must also carry their Permanent Resident card with them at all times. Every time a Permanent Resident moves, they must inform USCIS within 10 days of their move. If a couple carefully follow these guidelines, they will be successful in their application.

Source:

http://www.uscis.gov/portal/site/uscis