What is the fastest way to bring your spouse to the US?

Marrying a U.S. Citizen: The Fastest Route to Green Card for Foreign Nationals

For individuals from foreign countries seeking to immigrate to the United States, one of the most efficient and rapid pathways to obtaining lawful permanent residency is through marriage to a U.S. citizen. This “immediate relative” status allows for expedited processing of immigration applications, regardless of the location of the wedding ceremony.

The process involves several key steps:

1. Marriage:

Foreign nationals must first enter into a legally valid marriage with a U.S. citizen. The marriage must be genuine and based on a bona fide relationship, not solely for the purpose of obtaining immigration benefits.

2. Petition for Immediate Relative Sponsorship:

The U.S. citizen spouse must file a Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS) to sponsor their foreign spouse for a green card. The petition must include evidence of the marriage, such as a marriage certificate and supporting documents.

3. Concurrent Filing of Green Card Application:

Along with the I-130 petition, the foreign spouse can concurrently file Form I-485, Application to Register Permanent Residence or Adjust Status. This allows them to apply for adjustment of status directly in the United States, rather than having to return to their home country for consular processing.

4. Evidence and Interviews:

USCIS will review the petition and supporting evidence and may schedule interviews with the couple to assess the authenticity of the marriage and the foreign spouse’s eligibility.

5. Biometrics and Medical Exam:

The foreign spouse will be required to provide biometric information, such as fingerprints and photographs, and undergo a medical examination to ensure their admissibility to the United States.

6. Approval and Green Card Issuance:

Upon approval of the I-130 petition and I-485 application, the foreign spouse will be granted conditional permanent residency for two years. After this period, they must apply for removal of conditions and complete the final interview to become a full lawful permanent resident.

Advantages of Marrying a U.S. Citizen for Green Card:

• Expedited processing: Immediate relative status allows for faster processing times compared to other immigration pathways.
• No country quotas: The number of green cards available to spouses of U.S. citizens is not subject to country-specific quotas.
• No need for sponsorship affidavit of support: U.S. citizen spouses are exempt from the requirement to provide an affidavit of support, which is typically required for other family-based green card categories.
• Eligibility for work authorization and social security: Upon approval of the I-485 application, the foreign spouse becomes eligible for a work permit and a social security number.

Considerations:

• Genuine Relationship: The marriage must be based on a bona fide relationship, and immigration authorities will scrutinize evidence of authenticity.
• Timeframe: The processing time for immediate relative green card applications can vary, but typically takes several months to complete.
• Legal Assistance: It is highly recommended to seek professional legal assistance throughout the green card application process to ensure accuracy and compliance with immigration laws.