Marriage to US Citizens: Navigating Green Card and Citizenship Pathways
Marrying a US citizen is no small feat, especially when the spouse resides outside the United States. This article will guide you through the complex process of obtaining a green card and eventually becoming a US citizen, offering valuable insights and advice from an experienced SEO perspective.
Eligibility for a Green Card
If one of the individuals in the marriage has entered the US illegally, they face significant challenges in obtaining legal residency. Entering the US without permission or overstaying a visa typically disqualifies an individual from legal standing, making it impossible to present valid ID or proof of legality for marriage. Simply declaring the marriage won't prevent deportation or a ban on reentry. Instead, the best and safest route is for the individual to return to their home country, get married there, and then apply for a spouse visa.
Avoiding Deportation and Reentry Bars
Marrying a US citizen while residing illegally in the US can trigger a five-year bar from reentry upon departure. However, this requirement may be waived under specific circumstances.
Consult a Qualified Immigration Attorney: Given the intricacies involved, it is crucial to consult with a reputable immigration attorney. I have encountered numerous cases where choosing the wrong route led to unnecessary consequences that could have been avoided with proper legal advice.
Spousal Visa Process
The process typically begins with your spouse applying for a Spousal Visa, which falls under the Conditional Residence class 1 visa category. This visa allows your spouse to live and work in the US while waiting for permanent residency. After about three years, your spouse can petition to have the conditional part of the residence card removed, which takes another three years. By then, you will have obtained your permanent resident alien card. After possessing this card for ten years, and maintaining continuous residence as required, you can proceed with the application for US citizenship.
Permanent Residency vs. Citizenship
A green card, often referred to as a permanent resident card, requires continuous residence within the US. You can maintain this status by making only occasional short trips outside the US. To apply for naturalization as a US citizen, you must have spent three years as a permanent resident with your spouse, maintaining continuous residence, and having at least 18 months of physical presence in the US.
Embassy Application: An alternative pathway is to apply for a visa at the US embassy in your home country. This visa can eventually become a green card and, after the necessary residency period, citizenship. This method has been successfully employed in the past and offers a clear and systematic approach to achieving US citizenship.
Conclusion
Navigating the pathways to obtaining a green card and eventually becoming a US citizen can be complex and challenging. It is always advisable to consult with a qualified immigration attorney to ensure that you follow the appropriate and safest route, avoiding potential pitfalls that could derail your journey.