The duration of marriage required for a green card through marriage varies, but typically it is two years.
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The duration of marriage required for a green card through marriage can vary, but typically it is two years. During this period, the couple is expected to demonstrate that their marriage is bona fide and not solely for immigration purposes. Let’s delve into this topic with more detail and explore interesting facts related to green card marriages.
To provide a broader perspective, here is a quote from Strobe Talbott, a prominent American journalist and diplomat: “Marriage is not just spiritual communion; it is also remembering to take out the trash.” This quote humorously highlights the practicality and commitment that marriage entails, including the process of obtaining a green card.
Interesting facts about the duration of marriage for a green card:
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Conditional Permanent Residence: In most cases, when a foreign national marries a U.S. citizen, they initially receive conditional permanent residence for a period of two years. This is often referred to as a “conditional green card.”
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Filing a Joint Petition: Before the end of the two-year period, the couple must jointly file Form I-751, Petition to Remove Conditions on Residence, to have the conditions on the green card removed. This petition serves as evidence of the authenticity of the marriage.
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Exceptions to the Two-Year Period: There are exceptions to the two-year requirement. For instance, if the foreign national spouse can prove that they entered into the marriage in good faith but have since divorced or their U.S. citizen spouse has passed away, they may still be eligible for a green card.
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Interview Process: During the application process, the couple may undergo an interview with U.S. Citizenship and Immigration Services (USCIS). The purpose of this interview is to evaluate the authenticity of the marriage, including the level of emotional and financial commitment between the spouses.
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Collaborating Evidence: To establish the validity of the marriage, couples are expected to provide a range of supporting documents, such as joint bank accounts, property ownership, insurance policies, affidavits from friends and family, and photographs together.
Now, let’s take a closer look at a table that summarizes the key points:
| Duration of Marriage for Green Card | Two years (typically) |
|---|---|
| Purpose | Prove the authenticity of the marriage |
| Conditional Permanent Residence Period | Initial two-year period |
| Petition to Remove Conditions | File Form I-751 jointly before the end of the two-year period |
| Exceptions | Divorce or death of U.S. citizen spouse |
| Interview Process | Assesses the genuineness of the marriage |
| Collaborating Evidence | Joint bank accounts, property ownership, affidavits, etc. |
Remember, the duration of marriage required for a green card through marriage may vary depending on individual circumstances. It’s important to consult official immigration resources and seek professional advice for the most accurate and up-to-date information.
Video related “How long do you have to be married for a green card marriage?”
The video discusses the timeline for obtaining a marriage-based green card, considering various factors such as whether the applicant is marrying a U.S. citizen or a green card holder and whether the application is filed inside or outside the U.S. The process involves filing an I-130 application, which establishes eligibility and can take 9 to 12 months for processing. If the applicant is in the U.S. and marrying a U.S. citizen, they can concurrently file an I-485 application, which can take 6 to 12 months. If the applicant is marrying a green card holder, the timeline is longer, and they must wait for a green card in their category to become available. The overall processing time for an I-130 plus I-485 application is around 10 to 14 months. If the spouse of a green card holder is living in the U.S., they can file along with their children, taking 22 to 36 months. If the spouse lives outside the U.S., they undergo consular processing, which can take 15 to 22 months. Seeking assistance from an immigration lawyer is recommended for a smoother process.
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two yearsAfter two years, you will need to file Form I-751 to remove the conditions of residence and to get a permanent green card. If you have already been married for two years when you are interviewed for your initial green card, that card will be permanent.
If you have been married for less than two years when you apply, you will receive a CR1 green card, also known as a conditional green card. This is valid for two years. After two years, you can apply to renew and get a 10-year green card.
After two years, you will need to file Form I-751 to remove the conditions of residence and to get a permanent green card. If you have already been married for two years when you are interviewed for your initial green card, that card will be permanent.
If you have been married for less than two years at the time of issuance of the green card, then your spouse will receive a conditional green card, which expires in two years. You will need to file for form I-751, Petition to Remove Conditions on Residence 90 days before the expiration date of the conditional green card.
The USCIS will call in you and your spouse for an interview, and then, if things go well and if you have been married for less than two years at the time resident status is granted, you will receive permanent resident status on a conditional basis.