If I Marry a Green Card Holder Can I Work in the U.S.?

If you are not a citizen of the United States and you are about to marry a U.S. green card holder (someone with U.S. lawful permanent residence), you will not gain the right to work legally in the United States anytime soon. The entire application process, and thus the path to gaining any meaningful rights in the United States, tends to be a lengthy one. That's partly because spouses of U.S. lawful permanent residents fall into a category known as "preference relatives," with annual limits placed on the number of green cards available in this category.

Here, we'll explain more about what this all means, and when you can expect to be able to work or live in the United States based on marriage to someone with a green card.

What Is a U.S. Visa "Preference Category"?

People in preference-relative categories are, by law, subject to annual limits on the number of immigrant visas (green cards) given out, as well as per-country limits. Because of high demand for these visas, they frequently face long waiting periods before becoming eligible to apply for a green card and work permit, much less to live and work in the United States.

Typically, the wait in this spousal category is four to five years long. If you want to see the original visa petition dates —otherwise known as the "priority dates"—of people who are just now receiving green cards, go the the State Department's Visa Bulletin and look on the family-based chart, under category F2A.

If you're very lucky, you'll see only the letter "C," meaning there's no wait, and every spouse of a U.S. permanent resident is welcome to apply and complete the process as soon as possible. (That has happened in recent years, but not lately.)

Only when there's either a "C" on the chart or when a preference relative has risen to the top of the waiting list (that is, has a current priority date) and has submitted an application for a green card will that person gain the right to both live and work in the United States. The exact timing and application procedures depend on:

• what country you are from
• where you are living now, and
• if you're living in the United States, whether you have the right "adjust status" here (that is, do the entire application process without leaving the country).

Most spouses of U.S. permanent residents find they do not have the right to adjust status, but must instead use consular processing as their application procedure.

If You Live Overseas and Are Awaiting a 2A Spousal Visa

If you are living outside the U.S., then you must wait until your priority date becomes current or the Visa Bulletin chart shows a "C" to submit your application for an immigrant visa at a U.S. consulate. The U.S. government will advise you when that time comes and tell you what paperwork to complete. Only after that application has been processed and you have attended a consular interview will you be allowed to enter the United States and become a permanent resident.

Upon entry, you will be allowed all the rights of U.S. lawful permanent residents, including the right to work. However, your actual green card will be mailed to you a few weeks after your arrival. In the meantime, a stamp in your passport will serve as evidence of your permanent resident status, and if you find a job, you can show this to employers in order to start working.

If You Live in the U.S. and Wish to Adjust Status in Category 2A

If you are already living in the United States, your situation is complicated. We'll give a brief summary of the most likely scenarios below, but you should really see an immigration lawyer for a full analysis. As background, the most important thing to understand is that having an approved I-130 on file, and a priority date, gives you no right to live or work here until you can submit an adjustment of status application.

If you are in the U.S. illegally

If you have no lawful status in the United States, but have stayed here illegally, find out whether you have any right to adjust status here (assuming you are lucky enough to avoid an immigration arrest and deportation in the meantime).

The answer is most likely no, unless you are grandfathered in under an old law known as Section 245(i). To be grandfathered in, someone would have had to have filed an approvable I-130 visa petition or a labor certification on your behalf before January 14, 1998; or done so before April 30, 2001, so long as you were also physically present in the U.S. on December 21, 2000.

If you are living in the U.S. illegally and are not eligible to adjust status

By accruing unlawful presence in the United States, you are making yourself inadmissible. The practical result of this is that, when your priority date becomes current and you travel to an overseas U.S. consulate to apply for your green card, you could be penalized for your unlawful U.S. stay with a time bar on your return.

The bar is 3 years if you accrued unlawful presence of between 180 days and 1 year; or 10 years if your unlawful presence lasted more than 1 year. A waiver is available in advance of departure, using Form I-601A, but it's difficult to qualify for. You must have close U.S. relatives, namely your spouse and/or parents, who will experience extreme hardship if your immigrant visa is denied.

There is also a so-called permanent bar against entry by people who either lived in the United States unlawfully for a total of one year or more (in the aggregate, not necessarily continuously) or were deported (removed), left the United States and then reentered or attempted to reenter illegally. (Actually, if you're subject to the permanent bar, you can request special permission to reapply for U.S. admission after 10 years.)

If your illegal stay in the U.S. hasn't yet reached 180 days

If your period of unlawful presence hasn't yet triggered a time bar, you might want to consider leaving the United States now, so as to protect your eventual right to a green card. That way, when it's time for your consular interview, you won't face the inadmissibility issue based on your more than 180 days' unlawful presence in the United States.

Benefits of Your U.S. Fiancé Becoming a U.S. Citizen

Again, because this is a long and drawn out process, marrying a U.S. lawful permanent resident is not a quick path to the right to work in the United States.

Your U.S. resident fiancé should look into filing for U.S. citizenship as soon as possible. After they become a citizen, you won't have to worry about waiting periods or priority dates anymore, but can immediately apply for a green card—if, that is, you don't face problems due to an unlawful stay and inadmissibility. But if your latest entry to the United States was legal (with a visa) even this might not be a bar to adjusting status, based on your now being the immediate relative of a U.S. citizen.

Don't feel like you have to wait for your spouse's citizenship to start the process, however. If the U.S. petitioner files an I-130 as a permanent resident, its approval can carry over to your immigration process if and when they become a U.S. citizen. See Filing an Immigration Petition (I-130) for a Foreign-Born Spouse.

Do I Need Legal Help?

Yes, these laws are complex and confusing. Your best bet is to see an experienced immigration attorney to help you sort through the details, prepare the paperwork, and monitor the case over the years it's likely to take to receive approval. See How to Find an Excellent Immigration Lawyer Near Me.