How long does it take for a Chinese to get a green card after marrying an American?

Due to the complexity and variability of marriage, it is impossible for the Immigration Bureau to judge the authenticity of a marriage when filing an immigration application on the grounds of marriage. Therefore, the law stipulates that any foreigner who marries a U.S. citizen, After their immigration application is approved, they can only obtain a conditional green card. Green card holders enjoy the same rights as permanent green card holders, but the conditional green card is only valid for 2 years. At the expiration of 2 years, if the original marriage continues to exist, you can apply for a permanent green card. In addition, even if the applicant's temporary green card is converted into a permanent green card after 2 years, if the applicant divorces and remarries after obtaining the permanent green card, if he wants to apply for immigration for his new spouse, he must be a permanent green card You can apply for a green card five years after it expires.

2. Eligibility to apply for a change from conditional residence to a formal green card

*Foreign spouses who are married to a U.S. citizen or permanent resident and still maintain a marital relationship within 90 days or two years.

*Children who apply for conditional residence only 90 days after the foreign spouse obtains conditional residence. That is, children who are not included in the foreign spouse’s application form for conditional residence.

*A survivor of a bona fide marriage to a U.S. citizen or permanent resident.

*Those who have a sincere marriage, but are divorced or declared invalid due to various reasons.

*Marriage in good faith, but because the American spouse abused the foreign spouse or their children.

*Revocation of U.S. residency rights can lead to extreme distress.

3. How to apply for a green card from conditional residence to formal green card

*U.S. or permanent resident spouses apply jointly: The couple*** both fill out and sign the I-751 application for cancellation. Conditional residence form; copy of conditional residence green card; proof of bona fide marriage, including proof of the two persons’ cohabitation residence, the couple’s property, and the birth certificates of the two persons’ children, etc. This is the simplest way to adjust to permanent residence.

*If you are the survivor of an American spouse: Fill out Form I-751; a copy of the temporary residence green card; a bona fide proof of marriage, including the lease of the residence where you lived with your American spouse, and you have owned *** Have property, children’s birth certificates, and copies of spouse’s death certificates.

Or a copy of the marriage annulment certificate, proving that it was not the foreign spouse’s fault that led to the divorce or the annulment of the marriage.

*Application for battered spouse: Form I-751; copy of temporary green card; proof of bona fide marriage, including cohabitation, property ownership, children’s birth certificates, confession of child or child abuse, , proof that the divorce was not the fault of the foreign spouse, and proof that leaving the United States would cause extreme hardship.

*If the children change permanent residence status separately: Form I-751; copy of temporary green card; written explanation of the reason for separation from the foreign parent or parents.

4. When changing from a conditional green card to a formal green card, does the person involved have to be in the United States?

The foreign spouse does not need to be in the United States when applying, but when the immigration office wants to interview the couple, they must return to the United States.

5. Do I have to attend the interview with the Immigration Bureau in person?

Both couples must attend an interview with the Immigration Bureau, but the regional immigration director can waive the interview. After evaluating the application form, the regional director can decide whether to have an interview.

Sixth, what should you do if you do not apply within 90 days to two years.

If the I-751 application for cancellation of conditional residence form is not completed 90 days before the expiration of two years, the conditional residence held by the foreign spouse will expire on the two-year wedding anniversary. At that time, it will automatically expire and the Immigration Bureau will begin the process of transferring out of the country. The Immigration Service will first notify the foreign spouse that the foreign spouse has lost the right to reside in the United States if he fails to apply for cancellation of conditional residence on time, and will also send a notice to attend the hearing. When attending the hearing, the foreign spouse can state the reasons for failing to apply for a change of permanent residence in time and must provide relevant supporting documents.

However, Form I-751 can be submitted late. If the foreign spouse can prove to the regional immigration director that there are reasonable reasons, the immigration director will decide whether the reasons proposed are correct and decide whether to approve or not.

7. The foreign spouse can apply for an exemption from the signature of the American spouse under the following circumstances: Removal will cause extreme hardship to himself or his children.

*A sincere marriage, but the marriage is divorced or the marriage is invalid due to various reasons that are not due to the foreign spouse’s fault or fault.

*The marriage cannot continue because of the abuse of the foreign spouse or children by the American spouse.

8. If you change to permanent resident status, you will naturally have the right to continue working legally. After submitting Form I-751 to apply for change to a formal green card, the Immigration Bureau will wait for the review of the formal green card application and extend the applicant's temporary green card, that is, conditional stay for 12 months, while waiting for the official green card to be sent home. .

9. To track the application for change of permanent residence status, the foreign spouse should contact the immigration bureau that submitted the application.

10. In case of rejection, the Immigration Bureau will send a rejection notice to inform the applicant of the reason for rejection. At the same time, the Immigration Bureau will immediately start the process of transferring the applicant out of the country. Applicants can appeal to the Immigration Judge during the deportation process. When the Immigration Judge reviews whether the Immigration Bureau's rejection is reasonable, the Immigration Bureau must provide evidence of the rejection. If the Immigration Judge agrees with the Immigration Bureau’s argument, the applicant can also appeal to the Bureau of Immigration Appeals.

After the immigration judge agrees with the USCIS’s decision to deport, the person concerned has 33 days to prepare an appeal to the Bureau of Immigration Appeals in Washington.