You’ve probably seen plenty of pop culture references to green card marriages throughout the years. It’s where someone ties the knot with a U.S. citizen or permanent resident so they can stay in the U.S. But in the real world, there’s one (not so small) catch: the marriage has to be legit. That means it has to be based on love and commitment, not just for immigration purposes. We teamed up with immigration attorney Julia Funke, Esq., to break down what a green card marriage really is, how it works, and why it’s important to do things the right way. Whether you’re curious about the process or considering it yourself, let’s dive in and uncover the facts behind this sometimes tricky topic.
What exactly is a green card marriage?
A “green card marriage” is when someone marries a U.S. citizen or permanent resident primarily to obtain legal residency in the United States. It’s typically viewed as a shortcut to getting a green card (permanent residency), allowing the foreign spouse to live and work in the U.S. But as we’ll discuss, the process is nowhere near that simple.
Are green card marriages illegal?
Well, it ultimately depends on the motive behind the marriage. Marriages entered into solely for immigration purposes (sometimes referred to as “sham marriages”) are considered fraudulent and illegal under U.S. law.
To prevent marriage fraud, immigration authorities scrutinize green card applications based on marriage closely. They may conduct interviews, request evidence of a bona fide marital relationship (such as joint financial documents, photos together, and testimonies from family and friends), and investigate any suspicions of fraud.
Engaging in a green card marriage for fraudulent purposes can have serious legal consequences, including denial of immigration benefits, deportation, and potential criminal charges. If your bride or groom-to-be is not a U.S. citizen, don’t be alarmed. As long as you’re both entering the marriage for genuine reasons, you shouldn’t have to worry about immigration authorities knocking on your door.
How long do you have to be married to get a green card?
How long you need to be married to get a green card depends on a few things, like whether your spouse is a U.S. citizen or a permanent resident. Let’s take a look at the different timelines:
Married to a U.S. Citizen: If your spouse is a U.S. citizen, you can apply for a green card right after your wedding. As long as everything is legit and you entered the marriage legally, you can start the process right away.
Married to a Permanent Resident: If your spouse is a green card holder, the process takes longer. You must first wait for a visa number to become available, as there are annual limits on the number of green cards issued to spouses of green card holders (known as the “priority date” system). This wait can vary depending on the country of origin and current immigration quotas.
In either event, be prepared to show that your marriage is real and not just for immigration purposes.
What are the benefits of a green card marriage?
Obviously, the primary benefit is obtaining legal residency in the United States. This lets the foreign spouse live and work in the country. A green card marriage, when entered into genuinely, can also offer several other advantages:
- Access to Benefits: Green card holders may qualify for certain federal and state benefits, including healthcare, education, and social security benefits.
- Travel Flexibility: Green card holders can travel freely in and out of the U.S. without needing a visa for short trips. Emphasis on short. Green card holders should avoid prolonged absences from the U.S. A continuous absence of more than six months but less than one year may raise questions about residency status upon return. If you’re a green card holder, make sure you have your valid green card with you when traveling internationally.
- Path to Citizenship: Holding a green card is typically a prerequisite for eventually applying for U.S. citizenship, which grants additional rights and benefits.
- Family Unity: It allows the couple to live together and build a life as a family unit. The U.S. citizen or permanent resident spouse can sponsor other immediate family members for immigration benefits, such as children or parents, once they have obtained their green card.
Can you get a divorce from a green card marriage?
If you have a green card through marriage and you decide to get a divorce, it generally won’t affect your green card status. Your green card status usually remains valid after divorce if your marriage is genuine (i.e., not just for immigration purposes). However, if you have a conditional green card (valid for 2 years), you may need to file for a waiver to remove conditions on your green card if you divorce before it expires.
During divorce proceedings, you may also need to show that your marriage was legitimate and not solely for immigration purposes. It’s a good idea to talk to an immigration attorney if you’re worried about how divorce might impact your green card or future immigration plans.
The bottom line? While divorce can be complicated, it generally won’t affect your green card status as long as your marriage is legitimate.
Can you get deported with a green card marriage?
Yes, even if you have a green card through marriage, there are situations where deportation could come into play:
- Fraudulent Marriage: If it’s discovered that your marriage was fake—like just for getting the green card—you could face deportation.
- Criminal Stuff: Certain crimes can lead to deportation, no matter how you got your green card. Think of serious things like felonies, drug offenses, or domestic violence.
- Breaking Immigration Rules: Failing to comply with immigration rules, like not keeping your green card valid or staying outside the U.S. for too long without permission, could also get you in trouble.
- Conditional Green Card Issues: If you got a temporary green card through marriage and don’t file the right paperwork to make it permanent, that could lead to deportation too.
If you’re worried about any of this stuff, an immigration attorney can give you the scoop on your rights and help you figure out what to do next.
Do I need a lawyer for a green card through marriage?
It’s not a legal requirement, but it can be highly beneficial to have one, especially if your case is complex or if you’re just unsure about the process. Immigration laws and procedures can be complex and subject to frequent changes. Hiring a lawyer can give you the peace of mind that your application is being handled correctly. It also increases the likelihood of a successful outcome.
While it’s possible to complete the green card application process on your own, many people find that having legal representation reduces stress and increases the likelihood of a smooth process. If you’re unsure whether you need a lawyer, consider scheduling a consultation with an immigration attorney to discuss your specific situation and explore your options.
Can I get a prenup with a green card marriage?
Yes, of course! Getting a prenup is a great idea if you are planning to get married and you are a mixed-immigration status couple–there are benefits for both spouses! With a prenup, both parties can ensure their needs are met. For US citizens, when you sponsor a non-US citizen to come to the United States under certain visas, you are obligated to provide financial support for them for several years, even if you later divorce. For non-US citizens, you can also ensure you are protected and offered a fair share of assets in a divorce.
Main takeaway
While a green card marriage can be a legitimate way to put down roots in the U.S., it’s essential that the marriage is genuine. Trying to game the system by entering into a fake marriage just for the green card can lead to serious trouble. It’s important to follow the rules, prove your marriage is the real deal, and avoid any shortcuts that could cause problems down the line. And don’t forget the prenup!
Julia Funke is a managing attorney at International Legal and Business Services Group LLP, a full-service immigration law firm serving clients across the U.S. She earned her J.D. from the University of Illinois Chicago School of Law. When she’s not helping clients, Julia teaches immigration law at a local public college. To connect with Julia for your immigration-related needs, please reach out to julia@bizlegalservices.com
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