Green card by marriage: how does it work?

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Green card by marriage: how does it work?

Getting a green card seems to be so difficult that there is a false impression that only people who marry Americans are eligible to get one.

But in fact, a green card by marriage is usually much more time consuming than getting a work visa using your professional skills and experience.

When a U.S. citizen marries a foreign national, the foreign national can apply for a green card through the process known as "Adjustment of Status". In other words, that alien now has a status eligible to apply for his or her green card. 

In case of divorce, no Green Card

This process involves filing an immigration petition and an interview at the local USCIS office. If the petition is approved and the alien meets all the requirements, he or she will receive a green card. But if the marriage ends before the green card is approved, the alien will have his or her case dismissed by the USCIS.

Delay to get a green card by marriage

Another factor that makes the green card by marriage not so advantageous is that this approval can take several months or even years to complete, and there are many obstacles that can arise along the way, such as background checks and additional interviews to validate the veracity of this relationship.

Dangers of cheating on a marriage to an American

It doesn't matter whether a couple married "just" so that their spouse could get a green card, or a friend married a friend to "help" her through the process. Both cases are considered fraud by the U.S. government, and are federal crimes, subject to severe and long-lasting punishment.

Fines of up to $250,000

In this case, both the American who cooperated in the fraud and the immigrant who defrauded the marriage may have to pay fines of up to $250,000 and be imprisoned, as well as being charged with other crimes, such as fraud to obtain a visa, conspiracy, and perjury.

Immigration Investigates

Because the number of such frauds is high, U.S. immigration conducts thorough social investigations to verify that a marriage is actually real, and uses social workers to interview the couple and people who know them. 

You don't need to marry an American to get a green card!

If you want to immigrate to the United States today, or want to protect yourself from Brazil's social and economic instabilities with the assurance that you can move to the United States in the future, there are several ways to get a green card. 

EB - Employment-Based

And the most common of these is to use your expertise and work experience as a passport to the US. This type of Green Card is called Employment-Based (EB), and has five main categories, from first to fifth preference in job skills. 

The two best categories for getting a green card, obviously, are EB-1 and EB-2.

The EB-1 visa category is suitable for professionals who have extraordinary knowledge or skills in the sciences, arts, business, education, or sports, with national or international recognition in their respective careers. 

EB-2: The best visa for experienced professionals

The EB-2 category requires a degree in a field regulated by the U.S. government and proof of exceptional ability in your field or five years of work experience. 

Is your profession eligible?

This is the category where most professionals fall, such as doctors, engineers, psychologists, programmers, and airline pilots. If you prove that you meet the necessary requirements, the approval of your green card in the EB-2 category, as with the EB-1 category, does not require a prior offer of employment in the United States.

Your Family in the USA

In addition, if you are approved for a green card in these categories, your spouse and children under 21 will also qualify for a green card, making immigration for the whole family a simpler and smoother process.

Are you interested in moving to the United States? 

Fill out our form and find out if you are eligible!

Find out which type of US visa is right for you.

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