immigrant couple

Top 5 Tips on Marriage-Based Immigration Cases

Summer and Fall is wedding season. When a foreign client is getting married to a U.S. citizen or permanent resident, applying for a green card through marriage is often the most efficient and fastest way to acquire lawful permanent resident status in the United States. That being said, by no means is this something that happens automatically or easily.

I asked Tara Goldsmith, an immigration attorney in Manhattan, to provide her top tips for clients who are foreign nationals and how to smoothly navigate the immigration process.

1. If you are a foreign national getting married to a permanent resident (green card holder), you may still be eligible to apply for permanent residence based upon their status, but it may take a little bit longer, depending on your country of birth and the monthly immigrant visa bulletin issued by the U.S. Department of State. Currently, the wait for foreign nationals to apply for permanent resident status based on marriage to a green card holder is several years, irrespective of where you were born. Thus, if your spouse is eligible to apply for US citizenship, it might be a good strategy for the spouse to apply for citizenship and obtain same ASAP to avoid these longer wait times since marriage to a U.S. citizen is not subject to annual quotas and/or per-country immigrant visa limitations.

2. Whether you are marrying a US citizen or permanent resident, you have to prove it is a bona fide marriage. This means you are getting married not merely for purposes of securing a green card. If there are extenuating circumstances (like a significant age difference, language barrier, you do not live together, etc.) you should be prepared for increased scrutiny, and it is therefore even more important that you work with an experienced immigration attorney.

If the green card is approved, and at the time it is issued, you have been married for less than two years, you will receive something called “conditional permanent residence,” which is valid for two years. This is yet another safeguard to ensure that the marriage was not entered into fraudulently or to circumvent the U.S. immigration laws. Before the two-year card expires, you have to file a joint conditional removal form known as Form I-751 with USCIS to show that you are still married and presenting as a bona fide married couple. Once approved, the conditions are removed, and a permanent ten-year green card is issued. If you are no longer married, you still may be able to remove your conditional resident status, as long as you can show that when you entered into the marriage, it was a bona fide marriage or other factors, such as abuse, were present during your marriage.

3. When a foreign national becomes a permanent resident and is married to a United States citizen for 3 years, they are eligible to file for U.S. citizenship (technically they may file 2 years and 9 months after first acquiring their green card status – even if initially it is just conditional resident status). This ability to apply for citizenship at 3 years is a benefit afforded to green card holders married to United States citizens, as all other lawful permanent residents must wait for 5 years (4 years and 9 months technically) before they can file for U.S. citizenship. While of course you are not required to become a citizen to stay here permanently, there are some benefits of becoming a citizen, and you should discuss those with your immigration attorney.

4. Hire an experienced immigration attorney. I can’t tell you how many times I meet with a hysterical client who thought they could handle the case on their own and realize they made a big mistake somewhere along the way, and now I am brought in to help try and correct these errors and omissions. Not only does the process become much more expensive, but even worse, these mistakes could negatively affect one’s ability to remain in the U.S. with their spouse and other family members. An experienced immigration attorney can help streamline the process and reduce stress. Moreover, for a layperson or even an attorney not specializing in immigration, marriage-based green card filings can be extremely confusing.

5. Hire an experienced matrimonial attorney. Keep in mind, that if you are marrying someone from another country, you may want to consult with a matrimonial attorney to understand your legal rights and obligations if you are to ever divorce. Each state and country have different divorce laws, and it is easier to have a prenuptial agreement that will determine your legal rights and obligations rather than worrying about what state or country you ultimately live in to determine those rights. In addition, if you are considering having children, you will want to know your rights regarding a spouse returning to their home country and whether the laws will protect you against potential kidnapping.


Tara Goldsmith, Esq. is a partner at Garganigo Goldsmith & Weiss, an immigration law firm in Manhattan. Over the past 25 years, Tara has worked with clients from almost all of the 195 countries in the world to successfully help them stay and live in the United States, whether temporarily or permanently. For more information about Tara and her law firm, please visit www.ggw.com.