Many people aspire to immigrate to the United States, and Worldway Immigration has provided numerous methods and information regarding U.S. immigration. However, when it comes to the simplest way to immigrate to the U.S., many may believe that marrying a U.S. citizen to apply for a Green Card is the easiest path. But to immigrate this way, first, you need to have a... (The Worldway editor is already crying in the restroom).
The foreign spouse of a U.S. citizen is the category most easily granted permanent residency in the U.S., as this category is not subject to U.S. immigration quotas. Every year, over a hundred thousand U.S. citizens marry foreign brides or grooms, and their spouses immigrate to the U.S. through family-based immigration. Does this sound like a wonderful way? But the Worldway editor warns you not to be too happy too soon. In reality, because this immigration method is highly susceptible to exploitation, it has been gradually "ruined" by many people using sham marriages. The U.S. is currently cracking down severely on sham marriage immigration; wanting to immigrate to the U.S. through a fake marriage is actually not that simple!
I. Sham marriage has become a business, with a massive volume of marriage fraud in the U.S.
According to U.S. media reports, many of the Green Cards issued annually based on marriage are actually fraudulent. The U.S. Citizenship and Immigration Services (USCIS) estimates that one-fifth to one-third of cases where individuals obtain status through marriage to a U.S. citizen are fraudulent. Consequently, U.S. law has established multiple obstacles for those attempting marriage fraud. A widely held misconception is that marrying a U.S. citizen will automatically turn an immigrant into a citizen, but this is not the case.
II. Two scenarios for U.S. marriage immigration, with increasingly strict scrutiny
Obtaining a Green Card through marriage in the U.S. falls into two categories: one is the spouse of a U.S. citizen, and the other is the spouse of a U.S. permanent resident. Both can apply for permanent residency, but they fall into different family-based immigration categories, with varying levels of difficulty.
U.S. citizens applying for their spouses to come to the U.S. do not need to wait for a priority date; this can be called a super-priority category not subject to quotas. However, when a U.S. permanent resident applies for their spouse to come to the U.S., it falls into the second preference of family-based immigration, making it much harder to obtain a Green Card, usually requiring a five-year wait outside the U.S. until an immigrant visa is obtained. Immigration authorities will also investigate potential fraud.
Regardless of the preference category, the spouse must meet the following three marriage requirements: First, the marriage must be legally recognized at the time it was established; second, the marriage must still be valid at the time the immigration procedures are completed; and
Third, it must absolutely not be a marriage entered into for the purpose of achieving U.S. immigration.
III. U.S. marriage immigration requires investigation; it is not just a formality
In the U.S., if a marriage between a U.S. citizen and a foreign immigrant is legal, it is not enough to just hold a wedding and get a stamped marriage certificate. The couple must also intend to live in a genuine marital relationship, meaning they must live together after marriage to prove they are a real couple. If a couple does not intend to live together after marriage, the marriage is considered fake and involves marriage fraud, due to national security concerns.
U.S. immigration officials have also stated that immigration authorities will visit the addresses listed by marriage-based Green Card applicants to see if the couple is actually living there.
IV. U.S. marriage immigration requires three rounds of review; marital discord is not acceptable
To prevent sham marriages for immigration purposes, the U.S. Congress and the immigration authorities have changed the marriage-based Green Card to an initial two-year conditional temporary Green Card, which can only be adjusted to a permanent Green Card after two years of marriage. After submitting evidence of the marriage's authenticity and passing an interview with an immigration officer, the applicant can first obtain a two-year conditional residency. Conditional Green Cards and permanent Green Cards do not differ in function or rights, but if the couple becomes estranged within those two years (Worldway editor's note: estranged refers to a disharmonious couple), the foreign spouse's residency can be revoked.
Furthermore, to transition from conditional residency to permanent residency, the immigrant needs the continued assistance of their U.S. citizen spouse to prove the authenticity of the marriage. When applying for U.S. naturalization, a third review is required; if the couple is divorced by then, it may raise questions from authorities, potentially leading to deportation.
V. Sham marriage immigration carries high risks; there are many other paths to immigrate to the U.S.
Sham marriage immigration carries significant risks. If you wish to immigrate to the U.S., it is recommended that applicants consider U.S. investment immigration or employment-based immigration. U.S. investment immigration, also known as "EB-5," was introduced by Congress in 1990 with the goal of stimulating the U.S. economy through job creation and capital investment by overseas investors. The program stipulates that the U.S. federal government provides 10,000 immigrant visa quotas annually to foreigners who invest at least $500,000 in U.S. development projects and create at least 10 jobs for the local community. Employment-based immigration applications are usually based on a job offer, with the U.S. employer filing the application.