A foreign national can obtain a green card through marriage to a United States Citizen. This is true whether the foreign national resides in the United States or overseas. However, if the foreign national resides overseas, there must be proof that the foreign national and the United States citizen met each other, physically, within two years of filing Form I-130. This requirement may be waived on religious grounds, that is; if their religion forbids them from meeting physically before marriage.

Whether the foreign national resides in the United States or overseas, the first step is to file Form I-130 with the United States Citizenship and Immigration Services. If the foreign national resides in the United States at the time of marriage, the parties may file both Form I-130 and Form I-485 together with United States Citizenship and Immigration Services.

The foreign national will be invited for interview and can adjust status in the United States. If the foreign national has children less than 21 years old, those children with also obtain green card at the same time of the foreign national spouse.

On the other hand, if the foreign national resides overseas, the United States citizen spouse will file Form I-130 with the United States Citizenship and Immigration Services. Upon approval, the approved petition will be forwarded to the Department of State for further processing. If the foreign national has children less than 21 years old, those children can immigrate to the United States with the foreign national parent. For more information, please contact us by clicking here.