PERMANENT RESIDENCE - FAMILY

MARRIAGE TO A U.S. CITIZEN

In 1986, the law relating to obtaining green cards through a marriage was changed.  Previously the U.S. citizen would petition for the alien spouse and provide evidence that the spouse was eligible to obtain permanent residence.  Permanent residence was granted at the initial interview.

The law was changed and now results in conditional resident status being granted to the foreign spouse for a period of 2 years from the time of the interview, unless the marriage was more than 2 years old at the time of granting U.S. residency.

A joint petition is then filed by the spouse within this 90 day period prior to the termination of the second anniversary to prove that the marriage was entered into in good-faith, and to remove the conditional basis of the permanent residence.