Immigration Laws

When an American person marries a person from another country, the newly married couple who wishes to reside in the USA must go through the process of getting a green card for the non-American citizen and this will allow the spouse to obtain a work authorization as well.

The green card by marriage process is a way to obtain legal permanent resident status and the fact that the spouse of the non native is an American citizen can be a way to prevent deportation if that were to ever become an issue.

The United States Immigration Service has been bound by a law enacted in 1986 that requires the couple to prove the reason for their marriage is genuine, that they are planning a future together based on a real relationship and that they are not marrying solely for the purpose of obtaining a green card for the non-citizen spouse.

The position taken by the Immigration Service is one of “guilty until proven innocent”, this means that they go in to the process with the assumption that the marriage is indeed fraudulent and that it is being undertaken solely for the green car benefit. This perspective on the part of the government agency puts the burden of proof on the couple who is applying for the green card.

The Immigration Service will set up an interview appointment for the couple and there will be a series of questions asked to the couple while they are in the same room together, and while they are separated and asked individually. There will be the requirement of documents to be presented that can help to verify the genuine nature of the marital relationship. The importance of this interview and verification appointment cannot be overstated, if the burden of proof is not met, there will be a denial of the application and therefore, no green card issued.

The key element in this process is to be prepared and to have all of the pertinent information clearly understood as well as to have all the appropriate documentation in order and brought to the appointment so that the burden of proof is met.

If the burden of proof is satisfied and the green card is granted and the person is given permanent resident status, then after a period of three years has passed, the green card holder is eligible to apply for American citizenship and begin that process if they so desire