Legal Question in Immigration Law in New York
How long do you have to live in U.S.A. after getting married to a U.S. citizen to get permanent residence and keep it if the couple seperates? I heard it is like 10 years of marriage to be with someone and if they are seperated then what?
2 Answers from Attorneys
This is a complicated question. Please call me at (212) 968-8600 or toll-free at (800) 750-1828 to discuss this matter further. Kind regards, RDM
Your question is NOT complicated at all. Once you marry a U.S. citizen, the U.S. citizen-spouse can petition you for U.S. Permanent Legal Residency. If you are married for less than two years at the time your immigrant visa is approved, then you will get a two year conditional residency. Within 90 days of the expiration of the conditional residency, you & your spouse will need to file a request to remove the condition (on your residency).
Depending on if/when the couple separates or gets divorced, there may, or may not, be negative consequences for the foreign spouse. However, there is nothing in U.S. Immigration Law requiring a couple to remain married for ten years.
Please let me know if you have any questions.
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