Obtaining A Green Card through Marriage to a Green Card Holder

If you are planning on marrying a green card holder, you may be able to get a green card as well because of the marriage alone.  Undoubtedly, the easiest way to obtain a green card is to marry a U. S. citizen. However, in the United States there is an option for the soon to be spouse of a permanent resident to get a green card as a result of a marriage. 

Marriage to a Green Card Holder

A green card holder in the United States is considered a permanent resident.  If you decide to marry a permanent resident with hopes of securing a green card, you will not immediately be considered a family member of the green card holder.  Instead you will be labeled as a second preference under the family preference categories, and there may be a considerable wait time before you can get a green card. 

Your permanent resident status spouse will need to file a Petition for Alien Relative form on your behalf.  Once this form is approved, a visa number will be assigned and your spouse will be contacted by the Department of the State.

There are a few stipulations, if you happened to be married to your permanent resident spouse prior to them becoming a permanent resident:

• One such stipulation occurs in the event that you did not travel with your spouse to the United States when they gained permanent resident status.  In this situation, you can apply to receive something called following-to-join benefits so you will not have your spouse file the Petition for Alien Relative form in order to get a visa. 
• Eligibility for the following-to-join benefits are based solely on how your spouse received their permanent residence status.  If your spouse became a permanent resident of the United States by winning a visa lottery, via employment or through their blood relationship with their United States citizen parents and/or brother and sister then you would definitely meet the eligibility requirements for the following-to-join benefits. 

Meeting these requirements will significantly reduce your wait time when it comes to green card processing.

Arrival in the US

One cause for concern that you should be abreast of is how you arrived in the United States.  The United States Bureau of Citizenship and Immigrations Services under the Department of Homeland Security, keeps a watchful eye on how immigrants arrive in the continental United States.  They pay close attention on whether you, as the soon-to-spouse of a permanent resident arrived and stayed in the United States legally or illegally.

Getting Legal Help

To get a better idea of how to approach your green card situation through marriage to another green card holder, contact an immigration attorney.