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Using Marriage to Get a Green Card

Using Marriage to Get a Green Card

Using Marriage to Get a Green Card: Is it Worth the Risk?

Marriage is a life-changing decision that should not be taken lightly. It is a union that requires trust, commitment, and shared values. For some individuals, marriage can be seen as a means to an end, especially when an individual is seeking residency in a foreign country. In the United States, marrying a U.S. citizen or lawful permanent resident can lead to obtaining a green card – allowing the individual to live and work in the United States legally. However, is using marriage to get a green card worth the risk? Here we’ll answer your questions, provide updated information, and explore the advantages and disadvantages of using marriage for immigration purposes.

What is a Green Card?

A green card is a document that grants an individual the legal right to live and work in the United States permanently. It’s called a green card because it used to be green, but currently, it’s pinkish-beige. Green card holders are also known as lawful permanent residents. They have most of the same rights as U.S. citizens, except the right to vote, and some others.

Marriage-Based Green Card

Marriage-based green cards are issued to foreign nationals who marry a U.S. citizen or lawful permanent resident. The marriage must be deemed genuine and bona fide, without any deceit or fraud involved. Green cards obtained through marriage require the sponsoring spouse to file a petition for their foreign-born spouse. The foreign-born spouse must also pass a medical examination, provide biometric information, an interview with a U.S. Citizenship and Immigration Services (USCIS) official, and provide extensive supporting documentation.

Is Marrying a U.S. Citizen or Lawful Permanent Resident an Option?

Yes, marrying a U.S. citizen or lawful permanent resident is a legal immigration option. However, it’s essential to remember that marriage is a union that requires honesty, trust, and commitment. We would advise that you not enter into a marriage solely for immigration purposes. It can lead to severe legal and financial consequences.

Consequences of Marriage Fraud

Marrying a U.S. citizen or lawful permanent resident for the sole purpose of obtaining a green card is considered marriage fraud. Marriage fraud is illegal and carries severe legal and financial consequences. If caught, you could face:

– Deportation
– Fines
– Imprisonment
– Loss of greencard
– Inability to immigrate to the United States in the future

In most cases, the U.S. citizen or lawful permanent resident sponsoring you could also face legal and financial consequences for their participation in the marriage fraud.

Getting an Immigration Lawyer

Getting an immigration lawyer is highly recommended when entering into a marriage for immigration purposes. Immigration lawyers can provide you with professional guidance and advice on the immigration process. They can help you navigate the complex immigration system, avoid common pitfalls, and spot potential issues early on.

How to File for a Marriage-Based Green Card

The process of obtaining a marriage-based green card can be long, complicated, and stressful. Here are the steps involved:

Step 1: Determine Eligibility

In order to be eligible for a marriage-based green card, the following criteria must be met:

– You must be married to a U.S. citizen or lawful permanent resident.
– Your marriage must be genuine and bona fide.
– You must not have committed any serious crimes or immigration violations that would make you inadmissible to the United States.

Step 2: Submit a Petition

The U.S. citizen or lawful permanent resident spouse must file a petition for their foreign-born spouse. The petition is on Form I-130, the Petition for Alien Relative.

Step 3: File the Green Card Application

After the petition is approved, the foreign-born spouse can file their green card application. The application is on Form I-485, the Application to Register Permanent Residence or Adjust Status.

Step 4: Attend the Biometric Appointment

Once the application has been submitted, the foreign-born spouse must attend a biometric appointment at a USCIS Application Support Center (ASC). At the appointment, they will provide biometric information, including fingerprints, photographs, and their signature.

Step 5: Attend the Marriage-Based Green Card Interview

After the biometric appointment, the foreign-born spouse will receive a notice to attend an interview at a USCIS office. The interview is to ensure the marriage is genuine and bona fide.

Step 6: Wait for the Green Card

After the interview, the foreign-born spouse must wait for a decision on their green card application. If approved, they will receive their green card within a few weeks. If not approved, they will receive a notice outlining the reasons for the denial.

Advantages of a Marriage-Based Green Card

There are several advantages to obtaining a marriage-based green card, including:

– The ability to live permanently in the United States.
– The ability to work legally in the United States.
– The ability to travel outside of the United States.
– The ability to pursue education in the United States.
– The ability to sponsor eligible relatives for immigration.
– Eventual eligibility for U.S. citizenship.

Disadvantages of a Marriage-Based Green Card

There are also several disadvantages to obtaining a marriage-based green card, including:

– The potential for legal and financial consequences if the marriage is fraudulent.
– The stress and pressure of the immigration process.
– The cost of the immigration process, including USCIS fees, medical exams, biometric fees, and legal fees.
– The lengthy processing times that can take years to resolve.

Conclusion

Using marriage to get a green card can be a viable option for individuals who have found love with a U.S. citizen or lawful permanent resident. However, this option should not be taken lightly, and entering into a marriage solely for immigration purposes can carry severe legal and financial consequences. It’s essential to consult with an immigration lawyer and proceed with the utmost caution. Ultimately, marriage should be viewed as a lifetime commitment made for love, trust, and honesty. Obtaining a green card is just an added bonus.


If a foreigner does not have a green card and is planning on marrying an American citizen, then he or she may be able to apply for a green card on the basis of marriage.

A green card marriage will not automatically result in a greed card becoming available for the foreign individual. The marriage must be completed and certified, and then the individual who is from a foreign nation will be able to apply for a green card through marriage. The application process thus must still run its course, and even afterward, it is likely that a green card through marriage will have certain stipulations attached to it, such as an expiration date significantly before the normal expiration dates of green cards.

This means that a green card marriage will likely only result in a conditional green card, which will only be turned into a full green card after the right amount of time has passed. This is done in order to prevent instances of those who attempt to marry for a green card from being able to do so with as much ease, as the marriage must last for at least two years for a full green card marriage application to be submitted and accepted.