Easy to Get Green Card if Spouse Lives in the US- Not Really

Many foreigners come in the US with different intentions and visas. Some come in the US for work, some are visitors, and some are here to get Green Card. To get Green Card people have to go through different procedures depending upon the eligibility but one and the most famous route is to get married to US citizen. Now is it Easy to Get Green Card if Spouse Lives in the US?

Easy to Get Green Card if Spouse Lives in the US
Easy to Get Green Card if Spouse Lives in the US- Not Really

Easy to Get Green Card if Spouse Lives in the US- Only if One Follows the Right Path-

Marriage in the US doesn’t require a Legal Status-

US immigration has no problem with one coming to the US for marriage until unless he or she leaves after getting married. For example, if a couple of any country thinks of getting married in Las Vegas, the couple can marry there and get a marriage certificate because marriage comes under the state law, not immigration law. The possible 2 cases are mentioned below which can ensure you, Green Card, if your spouse lives in the US already


First Case- Entering in the US with the Intention of getting married and with the Right Type of Visa-

Immigration has a role to play when the intentions of a person are to get married to the spouse who lives in the US, but he or she doesn’t hold the right type of visa. You can’t come on a Visitor visa and get married and ask for a Green card. For Green Card, if your spouse is in the US and you want to get married, you need to have Fiance visa which shows your clear intentions of getting married and process for Green Card.

A loophole in the Type of Visa Where Intentions can be Dual – H-1B Work visa

Work Visas such as H-1B and L-1 Visa always show the Dual intentions of the person of coming to the US for work as well as for settling there permanently by getting the Green Card. It is in the hands of Immigration Officer to check the visa type and judge the Intentions and get your procedure done for Green Card.

Second Case- When you are married and now wants to come to the US and get Green Card-

This is the case when you are already married but wants to visit your spouse in the US. Similar to the above case the immigration department has no problem if you come and meet your husband and go back to your country. But again being married give the officer a clue of ulterior motives of settling in the US with Green Card.

Crossing Border could be a difficulty if you are already married –

Customs and Border Protection (CBP) are instructed strictly to block the entry if they are suspicious of the intentions of the foreigners. Marriage gave them a reason to block the entrance because this may lead you not going back to your country. So the right visa can only protect you while crossing the border. If married do carry a Marriage Visa along with you while crossing the border, not a Visitor or any other type of visa.

Conclusion-

To get Green Card when married or going to marry a US citizen to visit the US with Marriage Visa or Fiance Visa respectively. Easy to Get Green Card if Spouse Lives in the US Provided you have the right type of visa with right intentions you are always welcomed in the US. After the completion of the Green Card formalities and getting it, one can also apply for US Citizenship.

Diksha Garg

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