Benefits of a Marriage Visa
A marriage-based green card confers lawful permanent residency in the United States, meaning your spouse will be permitted to live and work practically anywhere in the country. They will also have the opportunity to pursue permanent U.S. citizenship after a waiting period of 3-5 years.
Marriage visas also allow beneficiaries to more easily travel in and out of the United States. They can even sponsor their family members for visas.
The Importance of Removing Conditions
Depending on the recency of your marriage, your newly issued green card may be “conditional.” This means that, unlike other family-based visas, the green card will only initially be valid for a period of 2 years. Conditional green cards are issued to those who have been only married to their U.S. citizen or lawful permanent resident spouse for 2 years or less.
Removing conditions from a green card is required if you intend to stay in the United States. If you fail to properly remove conditions, you will lose your status and begin accruing unlawful presence, which can jeopardize future immigration efforts.
Spouses with conditional green cards can petition to have their conditions removed once they are within 90 days of their visa’s expiration. This procedure is accomplished by submitting Form I-751, which will be completed jointly with your spouse. You will again need to include evidence that demonstrates the legitimacy of your marriage. Ideally, you will provide new evidence from the preceding 2 years to show how your marriage has evolved.
You will most likely be required to participate in another interview with a USCIS official as part of this process. The interviewing official will ask additional questions about the submitted evidence and work to determine if the marriage is genuine. Should they be satisfied, a petition to remove conditions will be granted. Your spouse will receive a new green card with a validity period of 10 years. Future renewals will generally be more expedient.
There are certain situations where a conditional green card holder is no longer with their U.S. citizen or lawful permanent resident spouse but can still successfully remove conditions. Waivers are offered for scenarios where a petitioning spouse has died, a petitioning spouse became emotionally or physically abusive, or the marriage was entered in good faith, but a divorce became unavoidably necessary.
No matter your circumstances or the complexities of your situation, our Orlando marriage visa lawyers at Angel Law Firm, PL can give you the support that you need in pursuing a green card. We are familiar with the intricacies of the marriage-based visa system and can leverage our knowledge to get your spouse a green card as efficiently as possible.