Marrying A US Citizen And Lawful Permanent Residency

 

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Are you considering marrying a US citizen and obtaining lawful permanent residency in the United States?

This article from The Echavarria Law Firm will guide you through the requirements, process, benefits, responsibilities, and risks associated with marrying a US citizen.

From legal age and consent to obtaining a marriage-based green card, we will explore everything you need to know before taking this important step toward building a life with your American partner.

 

What Is a US Citizen?

A U.S. citizen is an individual who has acquired citizenship through birth within the United States or through the naturalization process overseen by the U.S. Department of Homeland Security and USCIS, which grants them certain rights and responsibilities not afforded to lawful permanent residents.

When an individual becomes a U.S. citizen, they gain the right to vote, run for elected office, and enjoy benefits such as Social Security and Medicare. Citizens also have the privilege of living and working in the U.S. permanently without the risk of deportation.

Naturalization, the process of becoming a citizen, involves fulfilling criteria such as residing in the U.S., passing a citizenship test, and taking an oath of allegiance to the country.

What Is Lawful Permanent Residency?

Lawful permanent residency, often signified by the possession of a green card, allows an individual to live and work in the United States on a permanent basis, a status that is typically managed by the USCIS under the authority of the U.S. Department of Homeland Security.

Having a green card not only grants the individual the right to reside and work in the U.S. indefinitely but also offers certain benefits such as access to education, health services, and the ability to sponsor family members for permanent residency. As a lawful permanent resident, one is also obligated to follow U.S. laws, pay taxes, and uphold the values of the American society. The process of obtaining this status involves submitting an application, attending interviews, and fulfilling specific eligibility criteria set by the USCIS.

What Are the Requirements for Marrying a US Citizen?

Marrying a U.S. citizen involves meeting a set of requirements set forth by USCIS, including legal age and consent, ensuring no prior marriages that were not legally terminated, and providing proof of a bona fide relationship, all of which are essential for obtaining a marriage-based green card.

Legal Age and Consent

To marry a U.S. citizen, both parties must be of legal age, which is typically 18 years old, and must provide informed consent to enter into the marriage.

Legal age and consent are crucial elements in ensuring that marriages are entered into willingly and with understanding. These requirements are in place to protect individuals from potential exploitation or coercion.

While 18 is the standard legal age for marriage, exceptions exist in certain states or circumstances. For example, with parental or judicial consent, minors may be permitted to marry. Even with such exceptions, the overarching goal is to safeguard individuals from entering into marriages without sufficient understanding or readiness.

No Prior Marriages

When marrying a U.S. citizen, it is essential that any prior marriages of either party have been legally terminated through divorce, annulment, or death of the previous spouse.

Documentation to prove the termination of prior marriages typically includes providing copies of divorce decrees, annulment certificates, or death certificates of the previous spouse. These documents serve as crucial evidence to validate the marital status of individuals entering into a new marriage.

Failure to provide accurate documentation can lead to legal complications, such as potential voiding of the marriage or issues with immigration processes. Therefore, it is imperative to ensure all required paperwork is in order before proceeding with the marriage to a U.S. citizen.

Valid Marriage

A valid marriage, recognized by USCIS, requires that a marriage certificate be issued by a governmental authority, and the marriage must be bona fide, meaning it is not solely for immigration purposes.

When applying for a marriage-based green card, having a valid marriage is crucial to establishing the legitimacy of the union. A marriage certificate serves as official documentation of the marriage, providing tangible proof of the relationship’s existence. USCIS scrutinizes the authenticity of marriages to prevent fraud, so demonstrating a bona fide marriage is essential. Couples can demonstrate this by presenting joint financial records, photos together, shared lease agreements, or affidavits from family and friends attesting to the validity of the relationship.

Good Moral Character

USCIS requires that individuals marrying a U.S. citizen demonstrate good moral character, which involves having a clean criminal record and adhering to ethical standards.

Having good moral character is crucial in the eyes of the law as it influences decisions related to immigration and marriage processes. It serves as a testament to an individual’s trustworthiness and upstanding behavior in society.

To prove one’s moral character, various types of evidence can be utilized, such as recommendation letters from employers, community leaders, or religious figures. Participation in volunteer work and community service can showcase a commitment to positive values. The USCIS may also conduct interviews or background checks to verify an applicant’s character.

What Is the Process for Marrying a US Citizen?

The process for marrying a U.S. citizen and obtaining a marriage-based green card involves several key steps, including filing the necessary forms with USCIS, attending an interview to demonstrate the authenticity of the relationship, and ultimately receiving approval for the green card.

Filing the Petition

The first step in marrying a U.S. citizen is filing the Form I-130, Petition for Alien Relative, with USCIS to establish the existence of a qualifying relationship.

After you have completed and signed the Form I-130, you need to gather the necessary supporting documentation to substantiate the relationship, such as a marriage certificate, proof of legal name changes (if applicable), and any relevant evidence of shared finances or living arrangements. Along with the form and supporting documents, you must submit the appropriate filing fee as required by USCIS. Once the petition is received, USCIS will review all the information provided and may request additional evidence if needed to process the case.

Attending the Interview

Once the petition is approved, the couple must attend an interview with USCIS, where they will be asked questions to verify the bona fide nature of their relationship and marriage.

During the interview, both partners may be questioned separately to compare their responses and ensure consistency. Evidence establishing the authenticity of the relationship, such as joint bank accounts, shared leases, or photographs together, is crucial to validate the marriage. USCIS officers often inquire about how the couple met, their daily routines, future plans, and intimate details to assess the depth of their bond.

It is essential to provide truthful, detailed answers during the interview to demonstrate the genuineness of the relationship. Failure to provide convincing proof can result in further scrutiny or denial of the immigration petition.

Obtaining the Marriage-Based Green Card

After successfully passing the interview, the final step is the issuance of the marriage-based green card by USCIS, which officially grants the foreign spouse lawful permanent resident status, although the processing time can vary.

Once the interview is completed, the United States Citizenship and Immigration Services (USCIS) reviews all the submitted documents and information to finalize the green card processing. It is essential to note that there might be a waiting period after the interview before the green card is issued. During this time, the USCIS conducts background checks and verifies all provided details. The foreign spouse may be required to attend an oath ceremony to officially become a lawful permanent resident.

What Are the Benefits of Marrying a US Citizen?

Marrying a U.S. citizen offers numerous benefits, including immediate relative immigration status, eligibility for work authorization, the ability to travel outside the United States without jeopardizing residency status, and a clear path to eventually obtaining U.S. citizenship.

Immediate Relative Immigration Status

One of the primary benefits of marrying a U.S. citizen is obtaining immediate relative immigration status, which allows for a more streamlined process in securing residency.

Immediate relative status is a unique classification within family-based immigration that provides a quicker pathway to permanent residency for spouses of U.S. citizens. This type of status is highly advantageous as it does not have annual caps, meaning there is no wait for visa availability. The foreign spouse can typically adjust their status to that of a lawful permanent resident after proving a bona fide marriage.

Having immediate relative status also opens the door to various benefits such as employment authorization, eligibility for green card sponsorship by the U.S. citizen spouse, and the ability to travel in and out of the country more freely.

Eligibility for Work Authorization

Marrying a U.S. citizen makes the foreign spouse eligible for work authorization, enabling them to seek employment and contribute economically while their green card application is being processed.

Obtaining work authorization typically involves submitting Form I-765, Application for Employment Authorization, to the United States Citizenship and Immigration Services (USCIS). Once approved, the work authorization card allows the spouse to legally work in the U.S. in various fields, from healthcare to education. This opportunity not only benefits the foreign spouse by enhancing their career prospects but also has a positive impact on the household income and overall financial stability.

Ability to Travel Outside the US

As a lawful permanent resident married to a U.S. citizen, the ability to travel outside the U.S. is significantly enhanced, as long as proper documentation is maintained and travel rules are followed.

It is crucial for permanent residents to always carry their green cards when traveling internationally. This form of identification is essential for re-entry into the U.S. and serves as proof of your status. It’s advisable to stay informed about any travel restrictions or visa requirements of the destination country.

Failure to comply with visa regulations could lead to complications upon arrival. Always ensure your travel documents, including passports, remain valid throughout your trip to avoid any potential issues at border crossings or airport security. By being diligent with your paperwork, you can enjoy seamless travels as a permanent resident.

Path to US Citizenship

Marrying a U.S. citizen provides a direct path to US citizenship through naturalization, typically after three years of maintaining lawful permanent residency.

The naturalization process involves several steps, including submitting an application form, attending an interview, and passing the citizenship test. Plus meeting residency requirements, applicants must also demonstrate good moral character and the ability to speak, read, and write basic English. Once citizenship is granted, individuals gain the right to vote, run for office, and enjoy other benefits such as access to federal jobs and eligibility for certain government benefits.

What Are the Responsibilities of Marrying a US Citizen?

Marrying a U.S. citizen comes with various responsibilities, including providing financial support, maintaining the relationship, and ensuring compliance with immigration laws to avoid any legal issues or potential deportation.

Financial Support

The sponsoring spouse, who is a U.S. citizen, must demonstrate the ability to provide financial support to the foreign spouse, ensuring they will not become a public charge.

One of the important aspects of financial obligations for the sponsoring spouse revolves around meeting the minimum income requirements set by the U.S. government. These requirements ensure that the sponsoring spouse has the means to financially support the foreign spouse. The income threshold varies depending on the household size and location of the sponsor. Plus income, the sponsoring spouse is also required to provide supporting documentation such as tax returns, pay stubs, and employment verification to prove their financial stability.

Maintaining the Relationship

Maintaining a genuine and ongoing relationship is crucial as USCIS routinely checks to ensure that the marriage is bona fide and not solely for immigration benefits.

This means that couples need to demonstrate authenticity in various aspects of their relationship. This can include financial commingling, joint property ownership, shared responsibilities, and a history of genuine interactions that extend beyond social media posts.

Providing tangible evidence, such as joint bank accounts, shared bills, or photographs documenting shared experiences, can help validate the authenticity of the relationship. Failure to maintain this level of authenticity could lead to serious consequences, including denial of immigration benefits, allegations of marriage fraud, and even legal repercussions.

Compliance with Immigration Laws

Compliance with immigration laws is essential for the foreign spouse, including adhering to USCIS regulations, attending scheduled interviews, and providing accurate information throughout the process.

Legal compliance plays a pivotal role in ensuring a smooth and successful immigration journey. By following the established immigration laws diligently, individuals can navigate through the complex process with transparency and integrity.

Various types of immigration laws govern entry, employment, and residency requirements, such as family-based petitions, employment visas, and asylum protocols. Non-compliance with these laws can result in serious repercussions, including visa denial, deportation, and even bans from re-entering the country. It is crucial to stay informed and compliant to avoid jeopardizing one’s immigration status and future opportunities.

What Are the Risks of Marrying a US Citizen?

Marrying a U.S. citizen carries several risks, such as the potential for immigration fraud allegations, the conditional residency period that requires further proof of the marriage’s authenticity, and the possibility of divorce, which can complicate the immigration process.

Immigration Fraud

One significant risk of marrying a U.S. citizen is being accused of immigration fraud, which involves entering into a marriage solely for the purpose of obtaining immigration benefits.

Immigration fraud is taken very seriously by the U.S. government and can lead to severe consequences for those involved.

Penalties for immigration fraud

can include hefty fines, imprisonment, deportation, and being banned from entering the country in the future. To avoid such allegations, individuals must ensure that their marriage is genuine and not based on fraudulent intentions. Providing evidence of a bona fide relationship, such as joint bank accounts, shared property, or a history of living together, can help prove the legitimacy of the marriage in case of any suspicions. Seeking legal advice from an experienced immigration attorney can also help navigate through the process and avoid any pitfalls that may lead to fraud accusations.

Conditional Residency

Conditional residency is granted to individuals who have been married for less than two years at the time of their green card approval, requiring them to prove the legitimacy of their marriage again before being granted permanent residency.

For those under conditional residency, a key requirement is to file a jointly signed petition within the 90-day period prior to the second anniversary of receiving their green card. The purpose of this process is to validate that the marital union is genuine and not entered into solely for immigration benefits. Documentation such as shared financial accounts, leases, and testimonies from family and friends play a crucial role in demonstrating a bona fide marriage.

Potential for Divorce

Divorce can pose significant challenges to the immigration status of a foreign spouse married to a U.S. citizen, particularly if it occurs before the removal of conditional residency.

When a marriage ends in divorce, it can have implications on the immigration process for the foreign spouse. One major concern is the potential loss of residency status, especially if the marriage was the basis for their immigration status. In case the divorce happens before the conditions on residency are removed, it can lead to the denial of a green card. To protect their legal status, the foreign spouse may need to take immediate steps, such as exploring options for a waiver or seeking legal counsel to navigate the complexities of immigration law.