Visa Amigo

Your immigration law guide.

Persons Who Obtain LPR Status through Marriage to a U.S. Citizen

If you obtained your LPR status as a result of your marriage to a U.S. Citizen you are subject to the provisions of the Marriage Fraud Act. Essentially, the Act provides that LPR status which is obtained by marriage to a U.S. Citizen is conditional for 2 years. Prior to expiration of your conditional green card, you and your spouse must file a petition requesting removal of the conditions on your residency. The procedure requires that you provide evidence that you and your spouse lived together as husband and wife and that the marriage was a bona fide marriage. Accordingly, it is important that you can document your relationship with your husband. Such documentation includes such things as birth certificates for children born out of the marriage, joint bank and investment account statements, joint mortgage statements or similar documentation. If your marriage is terminated during the 2 year period you may not be able to obtain a permanent green card.