It is estimated that each year about a half a million US citizens marry foreign born individuals and petition for them to get a Green Card in the United States. Under the immigration laws, a spouse is considered an immediate relative and is able to bypass the numerical quota limitations. In other words, there are an unlimited number of Green Cards available for immediate relatives. It is also possible to obtain what is called a fiancée/fiancé visa which basically is a visa that claims that if you are allowed to bring a foreign born individual to the US, that you have full intentions of marrying them once they arrive. If plans include a marriage within the US then the US citizen must submit a visa petition (form I-130) to the appropriate US Citizenship and Immigration Service (CIS) and prove that the marriage is indeed bona fide and that the reason for the marriage was out of love and not just the expediency of a Green Card. The following items must be attached to the correct form 1). Biographical forms with photos attached 2). Proof that the petitioner is a US citizen 3). A copy of the marriage certificate 4). If there were ever any other marriages from either party, the proof of divorce or the finalization of that marriage must be included.
[top]Green Card through marriage
At the same time, the foreign born spouse who must have entered the US legally has to submit an application for adjustment of status (form I-485). This is Green Card application. There are many attachments that have to be included with this application such as photos, affidavits of support from the spouse, an application for employment authorization, an application for a travel permit, and many other forms. There are fees involved and you should expect to pay fees when filing the following forms, the visa petition, application for adjustment of status, application for employment authorization, application for travel permit and fingerprinting. These fees can vary from year to year but if the forms mentioned above were the only forms that you needed, you should expect to pay somewhere in the area of $1,000 and the price will only rise from there. From the time that you submit your application and pay your fees, you should expect to wait about 6-12 months for an interview. If the marriage takes place outside of the US the process is the same except that the foreign born national has to remain in their own country until a Green Card is obtained unless they apply for a temporary visa. The process then begins when the citizen spouse submits a visa petition to either his/her local CIS office or directly to the US Embassy or Consulate in the country where the foreign born resides. Once the visa is approved, the foreign born spouse will receive a package from the National Visa Center and this will include the information that has to accompany the person on the interview such as medical documentation and police clearances. These documentations are primarily used to make sure that the foreign born national will not become a burden to the United States.
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