Permanent Residence Through Marriage to a U.S. Citizen
A foreign national who marries an U.S. citizen can obtain permanent residence via a petition/application process. The married couple has the burden of proving the good faith of the marriage.
If the marriage was entered into within two years prior to being given permanent residence, the foreign national will receive "conditional permanent residence". Therefore, the permanent resident status of the foreign national can be terminated if, within two years after the permanent resident status is granted, the following occurs:
1) The marriage ends in divorce;
2) The marriage is annulled;
3) The marriage is deemed to be completely fraudulent.
First, the foreign national spouse of the U.S. citizen must establish “immediate relative” eligibility. Second, the foreign national must apply for either adjustment of status or visa processing through the consulate.
For the marriage interview, the marriage couple may bring with them the following documents:
- Wedding pictures, photos of the couple with family/friends, family photos (please label as to date, location and names of individuals in the photographs)
- Bank account statements and property registered in both names
- Insurance policies (medical, life, auto, etc.) with both names
- Letters from family regarding knowledge of marriage (include envelopes)
- Lease or mortgage showing joint signatures/tenants
- Receipts for items purchased together (e.g., furniture)
- Affidavits from friends, relatives, business people with knowledge of bona fides of marriage
- Certified copies of children’s birth certificates if born in the U.S.; also required if a minor child will also be immigrating through the petitioner.
- Cards (holiday, birthday, misc.)
Note: The above list is not a complete list of the documents required by the U.S. Citizenship & Immigration Services (USCIS). The USCIS will send a complete list of required documents for the marriage interview with its marriage interview notice.
