MARRIAGE TO A U.S. CITIZEN


	LAW OFFICE OF AJAY K. ARORA Empire State Building 350 Fifth Avenue, Suite 1415A New York, NY 10118 Phone: (212)268-3580 Fax: (212)268-3582 Email: info@h1b1.com

Disclaimer: This article is not intended to establish an attorney-client relationship. All information contained herein is generalized. Any reliance on information contained herein is taken at your own risk.

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MARRIAGE TO A U.S. CITIZEN

Spouses of U.S. citizens are considered "immediate relatives" and are exempt from all numerical quota limitations. In other words, the foreign spouse is granted U.S. residency as soon as the paperwork is processed; there is no further waiting period. Marriage to a permanent resident may involve a waiting period of several years for the foreign spouse to become a resident.

If the foreign spouse is in the U.S., and/or if the U.S. citizen resides in the U.S., a petition with supporting documents is filed with the appropriate USCIS office. The USCIS will issue employment authorization and permission to travel outside the U.S. ("advance parole") to the foreign spouse. The next step is the marriage interview, which may take place anywhere from five months to twenty months.

If the U.S. citizen resides abroad, the immigration paperwork is filed with the appropriate U.S. Consulate.

Following a successful marriage interview, the foreign spouse is granted Conditional Permanent Resident status. The conditional status is removed by submitting a joint petition within 90 days of the 2-year anniversary of the granting of the conditional permanent resident status. If the marriage has been terminated by reason of divorce, death of the citizen spouse or spousal abuse, the foreign-born spouse may apply for a waiver of the joint petition requirement.

Please contact our law firm if you have any questions.

[Note: Please consult with an attorney specializing in Immigration & Nationality law for professional advice in specific situations.]

Ajay K. Arora, Esq., is a prominent member of the Immigration & Nationality bar in New York City and a member of the American Immigration Lawyers Association. He may be contacted at (212)268-3580.