Immigrant

Immigrant status means that one wants to remain and live in the U.S. This is commonly known as having a green card.  The legal term for that is Permanent Residency.

With a green card, an alien is allowed to live and work in the United States for an extended period.

There are three (3) different ways in which immigrant status can be obtained. These three ways are as follows:

1. Employment based category
2. Family based category
3. The Diversity Lottery

Married to an American - The path to green card?

If you have lived in the U.S. for the required amount of time, or have married, or wish to marry an American, you must still adhere to further formalities before obtaining your Green Card.

Despite the fact that you are married to an American, you are not allowed to work in the U.S. without filing the required applications.

You should pay special attention to the following:

After the marriage

Once you are married, you should apply as soon as possible to receive your permanent resident card (“Green Card”). 

You can apply at your local BCIS office. To obtain a list BCIS offices, please click HERE.

Before you apply, you should know that there are two ways in which you can apply.  

The first and shorter application process is done through a Consulate and the second process takes about a year longer than the first and is through an Adjustment of Status. Both processes have advantages and disadvantages.  

An advantage of going through Consulate processing, is that the waiting period is shorter. A disadvantage of going through Consulate processing is the fact that what the Consulate officer’s decision generally cannot be appealed. The Consulate Officer makes the final decision.

The Adjustment of Status process can be completed in the U.S. This means that you can stay in the U.S. while your application is being processed, and if an application has been filed and approved you are allowed to work and travel. The decision can also be appealed through this process.

Upon approval of your application, you are considered a Conditional Permanent Resident.  This means that you will receive a Green Card based on the condition of the continuance of your marriage. After two years, you can apply for the removal of the condition.

Under the Adjustment of Status process the following applications must be made:

1. File the I-130 petition. The petitioner is the U.S. citizen.
2. File the Adjustment of Status application (I-485)
3. File the Application for a work permit (I-765)
4. File the Application for a traveling permit (I-131)

In addition, the following must be proven:

1. It is necessary to demonstrate that the American spouse is financially able to  support the foreign spouse (Affidavit of Support). You can request a table by clicking HERE.
2. Certificate of health: Tuberculosis, AIDS Test

 Once you have received your Permanent Resident Card (“Green Card”), you need to pay close attention to the following:

1. Do not remain outside of the U.S. for more than 6 months, unless you have applied for and received a Reentry permit. Otherwise, it is possible for your Green Card to be revoked.
2. If you plan on having children while in the U.S., it is important to make sure that you have alerted the appropriate German Consulate to the birth of your child within a 6 month period after birth, in order to ensure that they do not lose their German citizenship.
3. Apply for a U.S. passport for your child. 
4. It is important for you to make sure that you apply for the Removal of Conditions after two years of being married.
   

Before you apply for U.S. citizenship, you should consider whether or not you wish to keep your German citizenship as well. 

In the event that you wish to keep your German citizenship, you need to apply to do so before you accept U.S. Citizenship. For more information on retaining your German citizen and acquire dual citizenship click HERE.