Can my girlfriend stay in the U.S. if I marry her?

Gaining Permanent Residency for Your Spouse Through Marriage

Marriage to a U.S. citizen or lawful permanent resident provides a path to permanent residency for spouses. The process entails obtaining a green card, which authorizes an individual to live and work in the United States permanently.

Initial Steps

To initiate the process, the sponsoring spouse (the U.S. citizen or permanent resident) must file a Form I-129F, Petition for Alien Fiancé(e). If approved, this petition allows the fiancé(e) to enter the United States on a K-1 visa.

Entering the United States

Once the fiancé(e) enters the United States with the K-1 visa, they must marry their sponsor within 90 days. Following the marriage, the couple must file Form I-485, Application to Register Permanent Residence or Adjust Status. This application serves as a request for the spouse’s green card.

Processing Time

The processing time for a green card application varies depending on the workload of the United States Citizenship and Immigration Services (USCIS) and the individual’s circumstances. An estimated timeline is typically provided upon filing the application.

Residency Status During Processing

During the application process, the spouse maintains their legal status in the United States. They are permitted to work if authorized under their K-1 visa or as per the terms of any subsequent work permit granted by USCIS.

Supporting Documents

When filing the green card application, it is crucial to provide supporting documents that demonstrate the bona fide nature of the marriage. This may include evidence of cohabitation, shared finances, and other factors that establish a legitimate marital relationship.

Additional Considerations

It is important to note that marriage fraud is a serious offense. If USCIS suspects that the marriage was entered into solely to obtain a green card, they may deny the application or initiate removal proceedings.

Online Resources

Detailed instructions and the necessary forms for the marriage-based residency process are readily available online. The USCIS website (www.uscis.gov) provides comprehensive information and guidance.

By following these steps and providing the required documentation, couples can navigate the process effectively and secure permanent residency for their spouses through marriage.