Green Card & Permanent Residency
A Green Card holder is allowed to work and live in the U.S. on a permanent basis. There are several ways a person may be eligible for a Green Card, including:
- A Family Based Sponsor
- Marriage sponsor through a marriage with a U.S. citizen or a permanent resident
- K Nonimmigrant (includes fiancé(e))
- Asylum or Refugee Status
- Employer sponsor through a job
Marriage Green Card
A marriage green card allows the spouse of a U.S. citizen or green card holder to live and work anywhere in the U.S. In order to qualify for a green card through marriage, your relationship with your spouse must be bona fide, meaning a real marital relationship.
If the marriage is fraud for the purpose of obtaining an immigration benefit and you get caught, you are facing serious criminal penalties, be removed from the U.S., and be barred from re-entering the U.S., even if you have children or other family members living in the U.S.
To obtain a marriage green card, you will submit form I-130 and I-485 to USCIS. The spouse who is a U.S. citizen or green card holder is called the “petitioner” or “sponsor”. The spouse seeks a green card is called the “beneficiary” or “green card applicant.”
Asylum
People who have either been persecuted in their country of origin, or have reason to believe they will be persecuted, may seek asylum protections. They may apply for asylum status if they are in the U.S. legally, illegally, or on an expired visa. Although they are required to file for asylum within a year upon entering the U.S., exceptions are available on a case-by-case basis.
Marriage Green Card
While waiting for the marriage green card application approval, the U.S. citizen’s spouse can work in the U.S. by requesting a work authorization when apply for permanent resident. (However, the permanent resident’s spouse only can work if he/she has a nonimmigrant status that allows work authorization.)
There’s no limit on the number of green cards available to the U.S. citizen’s spouse. That means the applicant don’t have to wait in line to get a green card (although permanent resident’s spouse does).
Marriage Green Card
The total processing time for a marriage-based green card is about 11 to 52 months, depending on whether the applicant is married to a U.S. citizen or a U.S. green card holder (lawful permanent resident).
Before marriage: If the marriage did not happen, USCIS allows the U.S. citizen finance enter the U.S. to get married by filling a petition with USCIS under the K visa program. The processing time is about four to six months, including an interview with the finance who is abroad.
After marriage: If the marriage green card’s application is approved, USCIS will grant conditional permanent residence for two years. After two years, the applicant will request to remove the conditions of residence and to get a permanent green card.
If the marriage is more than two years when the applicant is interviewed and the application is approved, the initial green card will be permanent.
After three years of possessing the permanent green card, the applicant can apply for U.S. citizenship.
Marriage Green Card
The couple must submit form I-130 to the USCIS along with all necessary evidence to prove that their marriage is legitimate. USCIS will make a decision within 15 to 46 months, depending on the couple’s situation.
After form I-130 is approved, if the applicant is living in the U.S., the next step is to file form I-485 which is called the Adjustment of Status application. At the same time, the applicant can also apply for work authorization and travel parole.
If the petitioner is a U.S. citizen, the form I-130 and form I-485 can be submitted together. USCIS will make a decision within 35 to 52 months.
However, if the petitioner is a US green card holder, the I-485 application cannot be submitted until the U.S. Department of State demines that a green card is available in the visa bulletin. The wait time varies, about one and a half year. Once the I-485 application is submitted, USCIS will make a decision within 22 to 38 months (although it could be longer depending on the local field office.)