Congratulations are in order if you have found a partner you wish to spend the rest of your life with and get engaged. Planning this next step may be more complicated if you and your fiancé live in different countries. That is, if your fiancé is a United States citizen while you legally reside in a foreign country. You may agree that you wish to live in the U.S. together, but it is just a matter of executing this plan legally. In this case, please continue reading to learn how to apply for a green card through marriage and how an experienced green card lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can be a helpful guide throughout this process.
How can I enter the United States before getting married?
To kickstart the marriage process, you must first apply for a K-1 nonimmigrant visa, otherwise known as a fiancé visa, via Form I-129F, Petition for Alien Fiancé, with the United States Citizenship and Immigration Services (USCIS). Once you successfully obtain this visa, you may be legally admitted into the United States. Soon after, you must enter into a bona fide marriage with your U.S. citizen fiancé who initially filed the Form I-129F on your behalf. Importantly, this marriage must take place within 90 days of your arrival. Ultimately, from here, you may apply for a green card through marriage.
How do I apply for a green card through marriage in the United States?
You are considered your United States citizen fiancé’s immediate relative once you marry them. And with that, you may file Form I-485, Application to Register Permanent Residence or Adjust Status, to acquire a green card. At the time of filing, you must be physically present in the U.S., along with meeting other eligibility criteria for lawful permanent residence. If you fall short of this, you may seek relief by filing Form I-601, Application for Waiver of Grounds of Inadmissibility, or Form I-212, Application for Permission to Reapply for Admission into the United States after Deportation or Removal.
It is worth mentioning that even if the USCIS approves you for a green card, they may only grant your lawful permanent residence on a conditional basis. Then, after making it to two years of marriage, you may attempt to remove these conditions via Form I-751, Petition to Remove Conditions on Residence. Your green card without conditions may be renewed every 10 years. But if you cannot remove these conditions successfully on your first attempt, you may lose the permanent resident status that you worked so hard to earn altogether.
If you still have lingering questions at this point in time, please do not hesitate to reach out to a skilled family immigration lawyer in Milwaukee, WI. The team at Sesini Law Group, S.C. will certainly be the perfect fit for you.