Immigration Law Is All About Family

Why green cards obtained through marriage are distinct

On Behalf of | Jan 28, 2025 | Permanent Residency/Green Cards

A green card or permanent resident card is one of the most powerful immigration documents available. Individuals who qualify for green cards can remain in the United States indefinitely. They can pursue career opportunities and develop relationships without worrying about their time in the country ending abruptly.

Some people qualify for green cards through employment or long-term residency in the United States. Others are eligible for a green card immediately when they enter the country. Those pursuing family-based immigration can often enter the country as permanent residents.

Green card eligibility is available for numerous family members, including the fiancés and spouses of United States citizens. Those who have a marriage-based green card may have a slightly different status than those who secure green cards through other relationships.

Spousal green cards are conditional

Securing green cards through marriage is a process that people could potentially abuse. The United States Citizenship and Immigration Services (USCIS) goes to great lengths to validate the legitimacy of engagements and international marriages.

One of the factors the USCIS considers is the duration of the marital relationship. When someone enters the country to marry a citizen or to reunite with a citizen spouse, they may receive a conditional green card. A fiancé who married after securing a K visa generally always receives a conditional green card. Spouses entering the United States to reunite with a citizen spouse may receive a conditional green card if the marriage hasn’t lasted two years already.

A conditional green card helps to validate the legitimacy of the marriage by requiring that the foreign national spouse remain in the marriage for at least two years. After two years, they can then apply to remove the conditional status from their green card.

At that point, they then receive a traditional green card that is not dependent on their marital status. A standard green card remains in effect for a full decade. Permanent residents only have to submit paperwork to the USCIS once every 10 years to retain their green cards.

Learning more about the different opportunities for family-based immigration can help people reunite with their loved ones. Conditional green cards are an excellent option for those with a fiancé or spouse in the United States.