Global Investor Visa

How does marriage to a U.S. citizen affect my immigration status?

Obtaining a green card through marriage to a U.S. citizen can result in permanent residency and an adjustment of immigration status; however, it is not a guarantee. If the foreign spouse has been admitted to the U.S., they may file an adjustment of status application, Form I-485 (Application to Register Permanent Residence or Adjust Status), along with the Form I-130 petition filed by the U.S. citizen spouse. If the foreign spouse has been residing outside the U.S., then they must go through consular processing and will submit a Form I-130 application and wait for an approved visa before entering the U.S. on an immigrant visa. If the foreign spouse has entered illegally, they may be required to apply for a waiver of inadmissibility pursuant to 8 U.S.C. § 1182(a)(6)(A) (Form I-601 or I-601A) prior to acquiring a green card.

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