Each year, over 500,000 persons obtain lawful permanent residence in the U.S. by being sponsored by a relative.

U.S. citizens (USC’s) may sponsor the following relatives for lawful permanent residence: spouses, children, adult sons and daughters, parents and brothers and sisters.

U.S. permanent residents are limited to sponsoring the following for lawful permanent residence:  spouses, children and unmarried adult sons and daughters.

Except for spouses, children and parents of U.S. citizens who are deemed “immediate relatives”, all other categories of relatives are subject to a numerically-limited preference system.

Considered a ‘fast track’ for obtaining lawful permanent residence is marriage to a U.S. citizen, as a spouse of a U.S. citizen is deemed an “immediate relative” under the law.  This means there are no quota restrictions on the number of people who can obtain green cards through marriage to U.S. citizens.

To obtain a green card through marriage, your marriage must be a bona fide, i.e. ‘real’ marriage. This is a lot easier to prove if there is a wedding reception where the US citizen spouse’s relatives are present, where the couple has joint property and files joint income tax returns and especially if the couple has a child together.

The U.S. citizen starts the process by submitting a form I-130 visa petition on behalf of their foreign-born spouse. If the spouse entered the U.S. lawfully, he/she can file for an I-485 adjustment of status without having to leave the U.S. Generally, the spouse receives an Employment Authorization Document (EAD) within 90 days, and may also be eligible for an Advance Parole document to travel abroad.  If the foreign-born spouse entered the U.S. without inspection, he/she may have to apply for a green card through marriage in his home country. He may, however, be eligible to apply for a provisional waiver in the United States.