When a foreign national marries a U.S. citizen, they may be eligible to obtain a Green Card . This will provide them with lawful permanent resident status and allow them to continue living in the United States. However, there are some instances where conditional Green Cards may be issued to spouses of U.S. citizens. A Conditional Green Card will be valid for two years, and before it expires, steps must be taken to ensure that an immigrant spouse can maintain permanent residency in the United States. An immigration attorney can provide guidance to U.S. citizens and immigrant spouses, helping them understand when conditional Green Cards may be issued and how to remove the conditions on permanent residency.
CR1 Visa for Spouses
In many cases, spouses of U.S. citizens will be eligible for IR1 visas. If this type of visa is approved, the spouse will be granted lawful permanent resident status. However, if a couple has been married for less than two years when applying for a visa, the immigrant spouse may be granted a CR1 visa which will provide them with conditional permanent resident status.
The CR1 visa is intended to help prevent marriage fraud where U.S. citizens marry foreign nationals solely to provide them with immigration benefits. In order to be granted a spousal visa , a couple will need to prove that they married in good faith and that their relationship is genuine.
Fiance Visas: An Alternative Option
For couples who have not yet married, a fiancé visa may be an option to obtain a Green Card for an immigrant who plans to travel to the United States to marry a U.S. citizen. The K-1 fiancé visa will provide an immigrant fiancé with authorization to enter the United States, and after the couple is married, a conditional green card will be issued.
To qualify for a fiancé visa, a couple must meet certain requirements:
- Evidence must be provided showing that the couple has met in person within two years prior to filing their petition. In some cases, exceptions to this requirement may apply if meeting before marriage would violate long-established customs or traditions or create extreme hardship for the U.S. citizen.
- A couple must intend to marry within 90 days of the foreign fiancé’s arrival in the United States.
- The couple must be free to legally marry.
Removing conditions on a green card
A conditional Green Card will expire after two years. During the 90-day period before the Green Card expires, spouses must file Form I-751, Petition to Remove Conditions on Residence. Failure to meet this deadline may result in termination of the immigrant spouse’s lawful permanent resident status and could result in deportation.
When seeking a permanent Green Card, a couple will need to prove that they are still married and that their marriage is legitimate. They may need to provide evidence that they are in a long-term, committed relationship, such as lease or mortgage documents showing they live together, financial records showing they share bank accounts, or birth certificates for any children they have had together.
If a couple’s marriage ends before the expiration of a conditional Green Card, the immigrant spouse can file a petition for a permanent Green Card on his or her own. If the marriage ended in divorce or due to the death of the U.S. citizen spouse, the immigrant spouse will need to provide evidence that he or she entered into the marriage in good faith. He or she can also show that he or she was abused by his or her U.S. citizen spouse or that termination of his or her permanent resident status and deportation from the United States would cause extreme hardship.
Contact our US Green Card Lawyers
If you are facing any issues related to a conditional Green Card, or if you need help removing the conditions on permanent residency, it is crucial to consult with an experienced immigration attorney. Our Green Card attorneys can assist you with visa and Green Card applications, and we can help you provide the necessary documents to prove that you entered into your marriage in good faith. To schedule a free consultation and learn more about our immigration services, contact us at 844-IMIGRAR.
