A
person who is married to a U.S. citizen can qualify for immigration
in this category.
If
a person is the spouse of a U.S. citizen and the marriage occurred
less than two years before the alien spouse is admitted as a U.S.
permanent resident, a "conditional green card" is issued
to the alien spouse. That means the alien spouse's permanent resident
status may be subject to be terminated within two years after
it is granted, if the marriage has terminated by divorce or annulment
during that period. For more information on divorce and immigration,
please click here.
Except for this condition, the alien spouse is a full permanent
resident in all aspects.
In order to remove the condition on the alien spouse's permanent
residency, both spouses need to jointly petition to remove the
condition within 90 days before the second anniversary of the
alien spouse's admission as a permanent resident. Failure to do
so will result in the termination of the alien spouse's conditional
permanent residence.
There
are two scenarios for U.S. citizen's spouse to apply for immigration:
- The
first scenario is that the alien spouse is already in the United
States. In this case, the U.S. citizen can file an immigration
petition (I-130) and the alien spouse can file an application
to adjust status to permanent resident (I-485) at the same time.
- The second scenario is that alien
spouse is outside the United States. In this case, the U.S.
citizen needs to file an immigration petition and request that
the U.S. Citizenship and Immigration Services (formerly the
Immigration & Naturalization Service) notify a U.S. Consulate
in the country where his or her spouse lives. Once the immigration
petition is approved, the National Visa Center of the U.S. State
Department sends a forms and information package, "Packet
3", to the U.S. citizen. After the necessary forms are
completed, the alien spouse goes to the U.S. Consulate overseas
to apply for an immigrant visa. On the day that the alien spouse
enters the United States on an immigrant visa, he or she becomes
a U.S. permanent resident.
For more information on spouses of U.S.
citizens, please click on the following links:
Immigration
Information for Spouses of U.S. Citizens
What
kind of supporting documents are needed for the petition?
What
kind of information is needed for preparing the petition?
Family based immigration
Frequently
asked questions about family based immigration
Attorney Fees
Visa Bulletin
