Green Card Marriages
The importance of marriage in the USA is asserted by the Congress' decision that any foreign national who marries an American citizen can immediately apply for a permanent residency in the country under a first category preference. It is great news for 'green card' holders that they can file a marriage petition, but one must remember that the beneficiary doesn't get his/her 'green card' immediately for the waiting time for the priority date is long. Green card marriages have to be in good faith with the bride and groom intending to stay together for life, without keeping in mind immigration benefits. Joint financial responsibilities, joint leases, pictures and commingling of assets are only some of the basic criteria checked by the United States Citizenship and Immigration Services (USCIS) to ascertain whether a marriage is in good faith or not. To make your case for 'Greencard Marriage' strong, it is vital that you document your marriage, to present it as strong evidence of a true relationship. Fake marriages seeking immigration benefits can get both the US resident and the beneficiary spouse under criminal charges and may even induce jail terms. Immigration Services comes down heavily upon fraudulent marriages, but recognizes arranged marriages which are entered in good faith.
To file a marriage petition, the marriage will have to be a valid one, recognized in the State where it takes place. For instance if Rahul gets married to Anita in Nevada and then subsequently move to California, Immigration will recognize their marriage. But if Rahul and Anita are first cousins, then as per the State laws, Nevada and the Immigration will not recognize their marriage. Immigration will always recognize a marriage as long as it is recognized by the State where the marriage had initially taken place. Proxy marriages, where the bride and groom have not met on the wedding day are not recognized unless of course the marriage is consummated later on. After the marriage is over, the paper work related to such green card marriages can be processed either in the US, or overseas through the various American Consulates, all depending on whether the beneficiary is in America or not. K3 visas can be used to speed things up in case of overseas processing. Also before marriages, one can bring his/her fiance on a K1 visa, which are only applicable for US citizen petitioners. In the instance that the 'green card marriage' case is being processed within the US, the beneficiary has to have entered the US, on a valid visa, even if it's just for a single day. Only a provision under INA 245(i) can come to the aid of immigrants who have crossed over at the borders. The INA 245(i) will require if any kind of petition was filed for the beneficiary's favor on or before April 30, 2001, there are too many requirements to use this provision in one's favor. In case you have overstayed on your visa you shouldn't proceed with anything without your immigration lawyer's advice. |
