Marriage to a U.S. Citizen
A green card through marriage to a US citizen is the most common way to become a permanent resident. The spouse of a US citizen is an “immediate relative”. This means that there is no limit on the number of people who can obtain green cards through marriage to US citizens.
If the marriage is less than two years old when the green card is granted, it will expire in two years. The spouse will receive a CR1 (or “conditional”) green card. Conditional green cards are valid for only two years. Couples together must file Form I-751 (officially called the “Petition to Remove Conditions on Residence”) during the 90-day period immediately before the expiration of the conditional green card in order to “remove the conditions” and obtain a permanent green card. Upon receiving this form, USCIS will re-evaluate the couple’s marriage to make sure it is authentic and that the couple did not marry only for immigration purposes. This way, the foreign-born spouse can obtain a ten-year green card.
If you have been married for more than two years, the spouse will receive an IR1 (or “immediate relative”) green card — a “permanent” green card that is valid for 10 years. In most cases, renewing this 10-year green card is a simple process and does not require the couple to prove the authenticity of their marriage again.
A marriage-based green card lets a U.S. citizen’s spouse live and work anywhere in the United States. A green card holder will have “permanent resident” status until they decide — if they wish — to apply for U.S. citizenship after three years of marriage. Most of the time, a lawful permanent resident married to a U.S. citizen can begin the naturalization process by filing Form N-400 after three years of marriage. The three year rule only applies to those who got green card through marriage and is different than the five year rule which applies to most other green card holders.
To qualify, you have to have been residing in the United States for three years before you file your citizenship application. You must be physically present in the U.S. for at least 18 months during those three years. You must be living with your U.S. citizen spouse, and must demonstrate “good moral character” in your time in the country. Additionally, you have to meet all the other standard naturalization requirements.
