Marrying a U.S. citizen gives the foreign spouse a path, not a status. The next steps are a petition, a choice between two processes, and an interview. We explained the basic myth in our earlier article, and this one walks through the sequence.
Step 1: The petition
The citizen files Form I-130Petition for Alien Relative, filed by a U.S. citizen or permanent resident to establish a qualifying family relationship with an intending immigrant.See it in the glossary to establish the marriage is genuine. A spouse of a U.S. citizen is an Immediate relativeSpouses, unmarried children under 21, and parents of U.S. citizens. These categories are not subject to annual numerical limits.See it in the glossary, so no annual numerical limit applies. The couple must show a real marriage through evidence such as joint finances, shared residence and photographs.
Step 2: Choose the path
A spouse outside the United States generally completes an Immigrant visaA visa issued at a consulate to a person intending to live permanently in the United States. On admission the holder becomes a permanent resident.See it in the glossary through Consular processingApplying for an immigrant visa at a U.S. embassy or consulate abroad, as an alternative to adjustment of status inside the United States.See it in the glossary. A spouse who is in the United States and was inspected and admitted may be able to apply to adjust status, subject to eligibility rules and any status violations. Compare them in adjusting versus consular processing.
Step 3: Financial support and interview
The citizen must sign an Affidavit of supportForm I-864, in which a sponsor promises to financially support an intending immigrant so that the immigrant is not likely to rely on public benefits.See it in the glossary, and the couple generally attends an interview. Immigration officers can ask detailed questions about the relationship.
What conditional residence means
If the marriage is less than two years old on the day the spouse becomes a permanent resident, the green card is conditional and valid for two years. The couple must file a petition to remove the conditions during the 90-day window before it expires, under section 216 of the INA. See CR-1 versus IR-1 and the regulations.
What if the spouse is abroad and not yet married?
A fiance route exists for couples who have not married. See K-1 versus CR-1.
Later steps
A spouse who keeps permanent residence may apply for citizenship, and marriage to a citizen can shorten the wait. See the three-year rule. Whether a case qualifies depends on the facts, and no article can predict a result.