The Immigration process to get a green card (permanent residency) through marriage to a U.S. Citizen

Question: Can someone get a green card (permanent residency) if they entered the U.S. with a Tourist Visa and they marry a U.S. Citizen?

Answer: If someone is not barred from admissibility, the answer is generally yes. However, individual facts may come into play.

Question: If a marriage based application is filed, will the married couple be interviewed by Immigration (DHS)?

Answer: Yes. Marriage based green card (permanent residency) submitted applications require that the couple be interviewed to decide whether the marriage is bona fide (“real”)?

Question: If a marriage based application is filed and the couple live in New York City (NYC), where will the interview be scheduled?

Answer: If a marriage based application is filed and the couple live in New York City (NYC), the interview usually takes place at 26 Federal Plaza, New York, NY

Question: If Immigration approves the green card (permanent residency), what type of green card (permanent residency) will the applicant obtain from Immigration (DHS)?

Answer: If 2 years have not passed since the marriage at the time the green card (permanent residency) is approved, the applicant will obtain conditional permanent residency. This means that the green card status will expire in 2 years from the grant of the conditional permanent residency.

Question: What needs to be done to obtain the permanent green card in a marriage based application? In other words, how do you remove the conditions on permanent residency?

Answer: An application to remove conditions on residence (Form I-751) must be filed during the 90 days before the card expires. You cannot simply renew a conditional permanent resident (conditional green card) status.

Question: If I file an application to remove conditions on residence (Form I-751), will I be interviewed again by Immigration (DHS) at 26 Federal Plaza, New York, NY?

Answer: Whether Immigration (DHS) interviews you again can depend on many factors. These can include (but not limited to) how convincing your documents are as to whether your marriage remains viable and genuine.