Can I stay in the U.S. after getting married?

Can I Reside in the United States After Marriage to a U.S. Citizen?

Marriage to a U.S. citizen presents an opportunity for foreign nationals to legally establish residency within the United States. While the process is not automatic, it offers a structured path towards permanent status.

Initial Steps

Upon marriage to a U.S. citizen, the foreign spouse must file Form I-130, Petition for Alien Relative, to petition for their spouse’s green card. After the petition’s approval by the U.S. Citizenship and Immigration Services (USCIS), the foreign spouse can apply for an immigrant visa at a U.S. embassy or consulate abroad.

Conditional Residency

After entering the United States with an immigrant visa, the foreign spouse receives conditional permanent residency for two years. During this period, they must remain married to the U.S. citizen and meet certain residency requirements.

Removal of Conditions

Approximately 90 days before the expiration of the conditional residency period, the foreign spouse must file Form I-751, Petition to Remove Conditions on Residence. This petition provides evidence that the marriage is bona fide and that they have not violated any immigration laws.

Permanent Status

If USCIS approves Form I-751, the foreign spouse’s conditional residency is removed, and they become a lawful permanent resident (LPR) of the United States. As an LPR, they can live and work in the U.S. indefinitely, subject to certain conditions.

Benefits of Green Card Marriage

Acquiring a green card through marriage to a U.S. citizen offers several benefits:

• Permanent residency in the United States
• Ability to live, work, and study in the U.S.
• Opportunity to apply for U.S. citizenship after five years as an LPR
• Entitlement to certain federal benefits
• Legal protection from deportation

Additional Considerations

• The process can be lengthy and requires careful documentation.
• It is essential to ensure that the marriage is genuinely entered into and not solely for immigration purposes.
• Fraudulent marriages can lead to serious consequences, including denial of residency and potential criminal penalties.

Conclusion

Marriage to a U.S. citizen can be a viable pathway to permanent residency in the United States. By navigating the conditional residency process and filing Form I-751 timely, foreign spouses can establish a legal and stable life in the U.S. It is crucial to consult with an experienced immigration attorney to understand the specific requirements and avoid any potential pitfalls.