If you are married to a U.S. Citizen or a legal permanent resident, you are considered family members and you are eligible to immediate relative immigration visas or "green cards." A Marriage Visa allows the foreign spouse of a U.S. Citizen or U.S. Resident to enter the United States for the purposes of immigrating permanently

If your spouse is outside of the United States, there are two ways of beginning the process:

Furthermore, if your spouse entered the country legally and has proof of that entry, he or she may be eligible to file for Adjustment of Status without having to leave the United States.

• File an immigrant visa petition (form I-130) to either your local US Citizenship or Immigration Services (USCIS) office if in the USA or directly to the US Embassy where your foreign spouse resides. Once the visa petition is approved, the foreign-born spouse will receive a packet from the National Visa Center (NVC). The packet informs your foreign spouse of the various documents which must be presented at the immigrant visa interview abroad. Usually, the foreign-born spouse is interviewed and granted an immigrant visa within three to six months.

Whatever the case may be, your husband or wife will receive conditional permanent resident status if you have been married less than two years. The purpose of the permanent resident status is that you must demonstrate that you did not get married to avoid the immigration laws of the United States.  Your wife or husband must apply to remove the conditional status within 90 days of the second anniversary of receiving the status.

If you are experiencing that kind of issue and you are wish to change your wife’s or husband’s living status, contact an experienced attorney, Timothy Gambacorta, to give you more details about the steps of the process and assist you to get what you are entitled to.