Green Card Marriage Rules
Receiving a green card entitles the spouse of a U.S. citizen to reside and work in the United States. There are certain restrictions which initially apply to a green card granted to a spouse, and only holders of specific visa types are allowed to make the application to adjust their status to permanent resident. Finally, maintaining residence is vital to keeping the green card active, otherwise, it may become invalid, causing problems with work and travel.
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K-1 Fiancee to Permanent Resident
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A person who enters the United States on a K-1 fiancee visa is entitled to adjust status to that of permanent resident and receive a green card after marriage to the sponsoring U.S. citizen. The K-1 visa has several restrictions. First, the couple must marry within 90 days of the date that the immigrant entered the United States and activated the K-1 visa. Second, the immigrant may not leave the country without first adjusting status or applying for advanced parole. Failure to apply for advanced parole or successfully adjust status before leaving the country will result in the visa becoming invalid, and the spouse will not be able to settle in the United States without first applying for a spousal class of visa.
After the marriage, a K-1 visa holder may apply for a two-year conditional green card. This is called "adjustment of status."
K-3 Spouse to Permanent Resident
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A K-3 visa is a nominally quicker path to reuniting with a spouse than an IR-1 or CR-1 visa, but comes with limited privileges. Holders of a K-3 visa may enter and exit the United States without first adjusting status for the duration of the two-year visa validity, however, a K-3 visa holder cannot work in the United States without first adjusting status or receiving an Employment Authorization Document (EAD).
Holders of a K-3 visa may apply for permanent residency based on their marriage to a U.S. citizen. They may be granted either a two-year conditional green card or a 10-year unconditional green card, depending upon how long they have been wed to their spouse.
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Conditional Residency
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Conditional residency is given to those spouses of U.S. citizens who have entered on a K-1 fiancee visa or who have been married to their spouse for less than two years. This green card is dependent upon the relationship remaining intact and genuine. A divorce or separation of the partners may lead to difficulty in removing conditions, as both partners are required to certify in their application to lift conditions that the relationship is functional.
After two years of conditional residency, the couple may apply to lift the conditions on the green card. If this application is successful, the two-year conditional green card is replaced by a 10-year, unconditional green card.
Unconditional Residency
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An unconditional, 10-year green card is granted to long-term spouses of US citizens. Those who have been married for more than two years may be granted this status. Unconditional residency is not dependent upon the relationship remaining intact; in the case of a divorce or separation, the immigrant's status would not be revoked or expire.
Unconditional residents must renew their green card every 10 years and must still maintain residency requirements in the United States, or issues may arise when traveling.
Maintaining Residency
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To maintain residency, green card holders must spend the majority of their time residing in the United States. While each entry into the United States is at the discretion of the border official, absences of less than one year may not require any additional paperwork. An immigrant who takes an extended trip abroad must file for a re-entry permit by submitting form I-131 and a copy of the green card to the address shown on the application form. This must be done before travel outside of the United States for an extended period of time; however, the issued re-entry permit may be sent to a consulate abroad for pickup in the case of an emergency departure. Any absences from the United States may be seen as a break in the continuity of residence, causing delays in the naturalization process.
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