Being an American citizen or obtaining a permanent resident to live your entire life in the US is a dream come through for many people, and one of the ways to achieve this is by marrying an American citizen. The United States remains one of the countries in the world that many other people from other countries wish to be citizens of.
While marrying a U.S. citizen does provide a pathway to obtaining permanent residency (a green card), the process is more complicated than just saying “I do.” This article provides a step-by-step guide on how to move to the USA permanently by marrying a U.S. citizen, explaining all the legal requirements, documentation, and processes involved.
How to Move to the USA Permanently by Marrying a Citizen
When you marry a U.S. citizen, you become eligible to apply for a marriage-based green card. This allows you to live and work in the U.S. as a lawful permanent resident. However, there are strict rules in place to prevent fraud, so the marriage must be genuine, not a marriage of convenience just for immigration purposes.
Know the Types of Marriages Accepted
- Civil marriages: The most common type of marriage.
- Religious marriages: Valid as long as they are legally recognized in the country where the ceremony took place.
- Same-sex marriages: The U.S. government recognizes same-sex marriages, as long as the marriage is legally valid in the place where it was performed.
These are the types of marriage that can qualify you to obtain a US green card. However, your must be bonafide, meaning it was entered into to build a life together, not just for immigration benefits. You will need to prove this to the U.S. Citizenship and Immigration Services (USCIS) by providing evidence of your shared life.
If your marriage is less than two years old at the time of your green card approval, you will receive a conditional green card that is valid for two years. Before it expires, you must apply to remove the conditions by proving that your marriage is still genuine.
Steps to Getting a Green Card Through Marriage
1. Get Married
The first step is, of course, getting married legally. You must have a valid marriage certificate issued by the local authority where the marriage took place. It’s important to note that a simple engagement or cohabitation won’t suffice.
2. File the I-130 Petition
After getting married, the U.S. citizen spouse must file a Form I-130 (Petition for Alien Relative). This form is submitted to the USCIS and establishes that a valid relationship exists between you and your spouse. Along with the form, you will need to provide:
- A copy of the marriage certificate.
- Proof that any prior marriages were terminated (if applicable).
- Evidence of the bonafide nature of your marriage (e.g., joint bank accounts, photos together, travel documents, etc.).
Once this form is approved, the foreign spouse can begin the process of applying for a green card.
3. Obtaining a Green Card
There are two paths to obtaining a green card: Adjustment of Status (for those already in the U.S.) and Consular Processing (for those outside the U.S.).
Adjustment of Status
If you are already in the U.S. on a visa, you may be eligible to apply for a green card without leaving the country through a process called Adjustment of Status. Here, the U.S. citizen spouse will file Form I-485 (Application to Register Permanent Residence or Adjust Status) along with supporting documents. You will also be required to attend an interview with USCIS to prove the validity of your marriage.
Consular Processing
If you are living outside the U.S., you will apply for a green card through your local U.S. embassy or consulate. This process, called Consular Processing, involves completing several steps, which include:
- File Form DS-260 (Immigrant Visa Application) online
- Submit required documentation to the National Visa Center (NVC), including proof of marriage and financial support.
- Attend a visa interview at the U.S. consulate or embassy.
4. Receive Your Green Card
If the USCIS or consular officer is satisfied with your submissions and interview, you will be granted a green card. As mentioned earlier, if your marriage is less than two years old, this will be a conditional green card. If the marriage is older than two years, you will receive a regular 10-year green card.
As part of the green card process, the U.S. citizen spouse must prove they can financially support the foreign spouse. This is done by submitting an Affidavit of Support (Form I-864), which shows that the U.S. citizen meets the minimum income requirements to support their spouse and prevents them from becoming a “public charge” (someone who relies on government assistance).
The sponsoring spouse must earn at least 125% of the federal poverty level for their household size. If the U.S. citizen spouse does not meet this income threshold, they may need a joint sponsor who does.
Applying for U.S. Citizenship
After holding a green card for three years, the foreign spouse can apply for U.S. citizenship through a process called naturalization. To be eligible, the foreign spouse must:
- Have been married to a U.S. citizen for at least three years.
- Have lived continuously in the U.S. for at least three years.
- Meet the physical presence requirements (be physically present in the U.S. for at least 18 months out of the three years).
- Pass the U.S. citizenship test and interview.
Becoming a U.S. citizen provides many benefits, including the right to vote and protection from deportation.
Conclusion
Moving to the USA permanently by marrying a U.S. citizen may include a lot of processes, but in the end, you will also become a US citizen and enjoy all the benefits of people who are born and bred in the States. Ensure you don’t have any criminal records to your name and there’s enough evidence (pictures and videos) to prove you’re genuinely married to the US citizen (whom you indicated as your spouse).