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Green Card - Based on Marriage
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Obtaining green cards on the basis of marriage to a U.S. citizen is one of the most hassle-free and popular methods of attaining permanent residency in the U.S. Attaining Fiancé (e) visa is just a step before attaining green card, by which a person is given entry to the U.S. to enact marriage with a U.S. citizen within 90 days of entry into the U.S. But in most cases a Fiancé (e) visa is sought by people to enact marriage in the U.S. itself as enacting a legal marriage outside U.S. and getting the needed documents which are accepted by the USCIS can be often problematic.
Even though procedures of getting a green card through marriage seem simple it can become really tough to get through these procedures as the USCIS is very keen in the scrutiny of the fact that your marriage with the U.S. citizen spouse is authentic and that you and your U.S. citizen spouse have entered the marriage in good faith and not for illegally circumventing the U.S. immigration laws so that the foreign national spouse obtain Permanent residency. The USCIS adjudication officer who conducts the green card marriage interview will ask several questions and use various methods for the scrutiny of the authenticity of your marriage.
Some frequently asked questions regarding green card through marriage are given below:
I just married a U.S. citizen in my country; can I go to the U.S. in my non-immigrant B2 visa for filing a green card and adjust status there?
It is not advisable to go on your B2 or tourist/visitor’s visa to the U.S. for filing green card as this may get considered as misuse of tourist visa and may negatively affect your plans for a future green card.
Can my fiancé (e) enter the U.S. on visa waiver and not on fiancé (e) visa and then get married and get green card?
This is a common misuse of visa waiver program and can lead to ending up as visa fraud etc. So its better to get a fiancé (e) visa and enter the U.S.
I am having a criminal record in the U.S. So can I apply for green card through marriage?
Practically speaking you can do it. But you have to be sure that the crime committed is not culpable for removal proceedings against a foreign national. Otherwise you can end up in jail and then get deported also. So it is always advisable to consult an immigration attorney who will analyze your criminal record and give you legal guidance regarding the filing of green card.
How will be the green card marriage interview scrutiny?
The adjudication officer in USCIS will ask several questions to both husband and wife together and separately to assess whether you both have entered this marriage in good faith or not. Things like the habits of each spouse, financial dealings, family matters, details on marriage, how you met, etc. can be the source of questions. They even check your social network profiles to assess the authenticity of your relationship.