Marriage

The process of obtaining a green card through marriage is known as "adjustment of status." It allows an individual who is married to a U.S. citizen or lawful permanent resident (LPR) to apply for a green card without having to go through consular processing at a U.S. embassy or consulate abroad.

To be eligible for adjustment of status based on marriage, the individual must be legally married to a U.S. citizen or LPR, and the marriage must be bona fide, meaning it is a genuine relationship entered into with the intent to create a life together. The individual must also meet certain other requirements, such as being admissible to the United States, which means they do not have certain criminal or security-related grounds of inadmissibility.

The process for adjustment of status based on marriage begins with the U.S. citizen or LPR spouse filing a petition for the individual on Form I-130, Petition for Alien Relative. If the petition is approved, the individual can then file Form I-485, Application to Register Permanent Residence or Adjust Status, to apply for a green card. The individual will also need to undergo a medical examination and an interview at a U.S. Citizenship and Immigration Services (USCIS) office.

If the adjustment of status application is approved, the individual will become a conditional permanent resident, meaning they will be granted a green card valid for two years. Before the end of the two-year period, the couple must file a petition to remove the conditions on the individual's permanent residence. This involves submitting evidence of the ongoing validity of the marriage and undergoing another interview at a USCIS office. If the petition to remove the conditions is approved, the individual will become a full permanent resident with a green card valid for 10 years.

It is important to note that the process for obtaining a green card through marriage can be complex and requires careful preparation and attention to detail. It is recommended to seek the advice of an experienced immigration attorney to ensure a smooth and successful application.