Can My Husband Get a Green Card if I’m a US Citizen?

 If your husband is a foreign national but you would like to start a new life together in the United States, you may want to consider applying for a marriage green card first. A green card will enable your spouse to work and live permanently in the U.S.A. without having to constantly worry about overstaying their visa. 

What is a Marriage Green Card? 

A marriage green card is an official document that grants the spouse of a U.S. resident or green card holder the permanent resident status. A marriage green card is one of the green lights given by the U.S. governments to foreigners to achieve U.S. citizenship. A marriage green card will also enable its holder to work and live legally in the United States.

Unlike citizenship, the marriage green card needs to be renewed after 10 years, but unlike during the green card application process, the couple won’t have to prove that their marriage is valid or that their relationship is genuine.

If your husband is an immigrant and wants to become a green card holder based on the marriage to a you, you’ll first be required to prove at least 4 things:

·         Your marriage is genuine, rather than just a move for him to obtain a green card or U.S. citizenship.

·         You are legally married even if you tied the knot overseas

·         You are a U.S. citizen or a green card holder yourself

·         You or your husband are not married to somebody else at the moment of the application. 

What If My Husband is Undocumented? 

There are two scenarios here. Your husband is documented because he either hasn’t left the U.S. before his visa expired or entered the country illegally. In the first case, you can apply for a marriage green card but your husband shouldn’t leave the country before he gets the approval as he might not be able to return to the U.S. for up to ten years if he had overstayed his visa.

 

In the second case, your husband needs to leave the country first to be able to apply for a green card. He can do it through the U.S. consulate of his country of residence, but if he lived illegally in the U.S. for more than 180 days, he may get banned from entering the U.S. for up to 10 years, unless a good immigration lawyer has your back. 

When Your Husband’s Green Card Application May Be Denied 

Your green card application may be denied because of your hubby’s past misconduct, such as

·         Your spouse has a criminal conviction on his record (a permanent bar from entering the country may ensue).

·         Your husband has lived in the country illegally for more than 180 days.

·         You married within 3 months of your husband’s entering the country (regulators presume that such a marriage is done for the sole purpose of attaining a green card, which usually leads to a permanent ban from entering the U.S.)

·         Your husband’s pending divorce hasn’t been completed.

A green card may be also denied if you, aka the sponsoring spouse, are not able to bring sufficient evidence that you are able to support financially your husband for up to ten years if he is unable or unwilling to find a job. This provision is a safety net for the U.S. government ensuring that no immigrant applies for a green card just to access the U.S. welfare, food stamp, or subsidized housing programs.

There are also many other common mistakes green card applicants make that may lead to a rejection or an outright ban from entering the country. Immigration laws are not helping either as they are very hard to navigate even by professionals. 

That is why, you may want to get help from an experienced immigration attorney before applying for your husband’s green card.

To Wrap It Up 

If you are a U.S. citizen or a permanent resident of the U.S.A. under the Immigration and Nationality Act (INA) and you married a foreigner, your spouse can obtain a marriage green card as long as you can prove that you married legally, your relationship is genuine, and that there are not legal obstacles to your marriage, such as a pending divorce.

What’s more, when your husband-to-be is not an American national, an immigration lawyer can smooth the way towards marriage and help you avoid the most common mistakes that can get a green card application denied.

Image source: Freepik

No comments

We love hearing from you! Thanks for leaving us some comment love! If you're a new follower, please leave your link, so we can follow you back!