Immigration Through Marriage/Engagement to a U.S. Citizen
Immigrating to the U.S. through marriage to a U.S. citizen is one of the most common but also complex processes. There are three main ways for someone to obtain a green card through marriage:
- Marriage Abroad: The U.S. citizen marries the foreign national in their home country or any other country and files a petition to bring the spouse to the United States. The process takes several months, as the petition must go through various stages of approval by U.S. authorities and ends at the U.S. embassy, where the spouse attends an interview. If approved, the spouse can travel to the U.S. and reside there permanently with the right to work.
- Marriage in the U.S. with a tourist visa: The non-U.S. citizen travels to the United States on a tourist visa or through the Visa Waiver Program and gets married there. The process then follows the same steps as the previous method, but the spouse must leave the U.S. before the process is completed and wait for the interview at the U.S. embassy.
- Fiancé(e) Visa (K-1): The U.S. citizen sponsors their foreign fiancé(e) to enter the United States on a K-1 visa. After arrival, the couple must marry within 90 days, and then the foreign spouse can apply for a green card without needing to leave the country. This process involves a longer waiting period and higher costs, but it allows the couple to live together in the U.S. immediately after the marriage.
The immigration process through marriage can take several months and requires compliance with various bureaucratic requirements. Obstacles may also arise, such as issues with the criminal record, the income level of the U.S. spouse, or a lack of sufficient evidence of a bona fide marriage.
Immigration Through a Family-based Petition
Immigration to the U.S. through a U.S. Citizen relative includes two categories of family members: immediate relatives and preference category relatives.
Immediate relatives include the spouse, parent (if the U.S. citizen is over 21), and unmarried children under the age of 21. Immigrants in this category are not subject to numerical limits, which makes the process faster, although bureaucracy often causes delays, with completion typically taking around 15 to 17 months.
Preference category relatives include adult children (over 21), married children, siblings of U.S. citizens, as well as family members of green card holders. This category is subject to an annual cap on the number of visas, resulting in waiting periods ranging from seven to over twenty years, depending on the specific category and the priority date assigned to the original petition filed by the American relative.
The advantage of preference category relatives is that the foreign national’s entire family (spouse and unmarried children under 21) is allowed to immigrate as dependents. However, the waiting time for this category is significantly longer compared to immediate relatives.
Immigration Through the DV Lottery
The U.S. Diversity Visa Program (or annual green card lottery) is a popular method for people to immigrate to the United States. The main eligibility requirements include being born in a country that has not sent a large number of immigrants to the U.S. in the past five years, and holding a high school diploma or equivalent education, or having at least two years of work experience within the past five years in a qualifying occupation.
Participation takes place through the official website of the U.S. Department of State between October and November each year, and the lottery is held in May–June of the following year. Despite the odds of selection—approximately 1 in 60 for Europeans—the number of green cards issued each year is limited to 50,000. Winners may immigrate together with their spouse and unmarried children under 21, although some selectees may not complete the process.
The lottery does not guarantee permission to immigrate, as there are additional requirements, such as a clean criminal record and financial support for the applicant. Caution is advised—many websites attempt to scam applicants, so participation should only be done through the official website of the U.S. Department of State.
Immigration Through Investment
The EB-5 visa allows immigration to the U.S. through an investment of at least 1 million dollars in a business that creates at least 10 new jobs. If the investment is made in high-unemployment or rural areas, the amount is reduced to $500,000. The process requires proof of the legal source of the funds and often necessitates the help of an immigration lawyer. Additionally, there are Regional Centers, which offer ready-made investment packages, but their reliability varies, and they do not guarantee the return of the invested money. For entrepreneurs, there is also the non-immigrant E-1 visa, which pertains to trade between Greece and the U.S.
Returning Resident
The SB-1 Visa allows green card holders who have remained outside the U.S. for an extended period to return to the country as permanent residents, provided they can prove that their stay abroad was due to exceptional circumstances. The process requires an interview at the U.S. embassy and submission of supporting documents. It can be complex and often requires the assistance of an immigration attorney.
Loss of U.S. Lawful Permanent Resident Status
The amount of time a green card holder can remain outside the U.S. without losing permanent resident status depends on various factors, such as the reason for the absence and its duration. Generally, it is important not to stay outside the U.S. for more than six months, as this may jeopardize one’s status as a permanent resident. Long absences without sufficient justification or without force majeure reasons—such as inability to return—can lead to the loss of the green card. Factors such as filing U.S. tax returns, maintaining a home or close family in the U.S., and other circumstances are considered when determining whether the green card holder has maintained their status.
