Obtaining a “Green Card” After Marrying a U.S. Citizen

Marrying a citizen of the United States is one way to qualify for eventual naturalization. It is possible for you to become eligible for a green card, but there are several important things to be aware of before you pursue this option. Section 319(a) of the Immigration and Naturalization Act (INA) contains all of the eligibility requirements for those who wish to pursue this option.

Being married to a citizen of the United States gives you an immediate relative. As an immediate relative of a U.S. citizen, you are no longer subject to long waiting lists to apply for a green card.

If you are a foreign national living outside of the United States, your fiancé(e) is a U.S. citizen, and the two of you would like to get married, your partner will need to file a petition with the USCIS for a fiancé(e) visa for you. Processing time for a fiancé(e) visa can take about four months. In order to qualify, the applicant must be at least 18 years old.

Once you have married, your U.S. citizen spouse must submit a visa petition to the USCIS along with your marriage certificate. You will also have to prove that your marriage is genuine and not one of convenience as that would be fraudulent. You can provide proof that you are indeed a couple by submitting photographs of the two of you together over a period of time, documentation of a joint bank account, lease, or mortgage and other pieces of documentation that proves that you have joined your financial lives.

You will be able to work while you wait for your marriage petition to be processed (which could take 3-9 months) if you also submit a request for work authorization. You will be called in for fingerprinting and an interview, which your spouse must attend. In this interview you will be required to prove that the marriage is genuine. Your permanent residency will be conditional for two years, at which point you and your spouse will be interviewed a second time. After that interview you will apply for an unconditional green card. After you have been married to a U.S. citizen for three years, you will be eligible to apply for citizenship.

Some of the other general requirements for eligibility to apply for a green card after marrying a U.S. citizen include:

• Having lived in the U.S continuously for at least three years preceding the date of filing the application.
• Being able to read, write and speak English, and having a basic knowledge of U.S. civics.
• Having a good moral character, attached to the principles of the Constitution of the U.S., be well disposed to the good order and happiness of the United States during all relevant periods under the law.

The perils of marriage fraud

If your marriage is found to be fraudulent, you can be arrested and face serious penalties including a felony charge, up to five years in prison and fines of up to $250,000. According to the U.S. Immigration and Customs Enforcement (ICE) and Homeland Security Investigations (HSI), marriage fraud may include but is not limited to:

• A U.S. citizen being paid, or asked to perform the favor of marrying a foreign national.
• A “mail order” arrangement where either party knows that it is fraudulent.
• A foreign national defrauds a U.S. citizen through marriage where the citizen believes that the marriage is legitimate.

If you are planning to marry and then apply for adjustment of status, you may want to work with an experienced Knoxville immigration attorney for will represent your interests and advise you about your rights and responsibilities.

If you have questions about your rights while you are living in the United States, or about the process for getting a green card after marrying a U.S. citizen in Tennessee, we invite you to contact Knoxville immigration attorneys at LaFevor & Slaughter, or call 865-637-6258 to schedule a consultation to discuss your case today. We are here to work with immigrants and their families to protect their rights, and we can help you, too.