All US citizens and US Permanent Residents commonly known as Green Card holders, living in the United States posses rights to file a petition for the admission of their spouse as a US Permanent Resident whenever they want. Although, the duration of the time required for obtaining an approval may vary from case to case as per the circumstances present with each individual application, US Green Cards granted on the consideration of Marriage can often be obtained in as small duration as 6 months.
Benefits of US Marriage Based Green Cards
The most beneficial aspect of filing an immigrant relative petition on the grounds of marriage to a US citizen is that if it is approved, the foreign spouse gets to enter the country on the status of a lawful permanent resident or green card holder, which means that, as a US Green Card holder the individual would be allowed to start work as soon as he or she arrives in the US. This eliminates the requirement of obtaining an Employment Authorization Document (EAD).
Secondly, on receiving a US Green Card before relocating brightens up your chances of gaining US Citizenzhip much more than it is for individuals opting to pursue other marriage visas.
Eligibility Criteria
To sponsor a foreign spouse on the base of a US Green Card, the petitioner needs to either be a US Citizen or US Permanent Residents (Green Card holder). Along with this, the petitioner is also supposed to fulfill the following requirements:
• A legal proof of marriage should be submitted as unmarried cohabitation cannot enjoy the same entitlements under the category of US marriage based green cards.
• The party in charge of sponsoring should be above 18 years of age as only then he or she will be allowed to sign an affidavit or support.
• In addition, a long list of documents should also be submitted to prove the facts concerning citizenship and marriage certification.
The Processing Duration
In the case of a US citizen, residing in the United States having a spouse living overseas, the process for obtaining a US Green Card on the basis of marriage would take approximately 12-18 months to be thoroughly completed. However, in a case where a US Citizen is residing abroad with his or her foreign national spouse at the time of application a fresh Immigrant Visa can be obtained in a duration of about 16 weeks.
With US Permanent Residents, it becomes mandatory to submit petitions for their spouse while living in the US. They are not allowed to reside abroad and apply for the visa. They would also have to experience a processing duration of up to 2 to 3 years before a US Green Card is issued to their spouse.
Immigration process of the Dependants
Dependants who are below 21 years of age can be benefitted with the US Green Card applications if they are supported completely by the primary beneficiary of the application. In cases of joint custody, it is mandatory to submit relevant legal documentation so as to ensure that all parties responsible for a child's well being are conscious of the intention to chase permanent citizenship in the United States.
