Can a Canadian citizen get a green card after marrying a U.S. citizen?
The short answer is yes. When a Canadian citizen marries a U.S. citizen, the U.S. citizen can submit a petition to sponsor their spouse for residency in the United States.
Why is it called a green card?
“Green card” is a nickname for legal U.S. residency. That’s because the card is literally the color green. The official name is either “permanent residency” or “conditional residency.” We’ll go into more details on each one below.
What if the U.S. citizen is not living in the United States?
One requirement for an American spouse to sponsor a Canadian spouse is that the American is residing (or domiciled) in the United States at the time of the petition. If the American spouse is residing outside of the United States, he or she may be able to demonstrate that they intend to return to the United States after their spouse’s immigrant visa is approved.
Can a Canadian citizen wait in the United States while the green card application is being processed?
There are some circumstances in which a Canadian spouse can wait in the United States while their green card application is being adjudicated by USCIS. This is known as “adjustment of status.” Under this process, the Canadian spouse entered the U.S. in some sort of non-immigrant status (visa). This may be as a B-1/B-2 visitor status, TN status, H-1B status, O-1 status, F-1/OPT student status, or many others. If the Canadian spouse was in the United States and applied to adjust their status, they would remain in the United States until USCIS either schedules an in-person interview, or until a green card is approved.
Can a Canadian citizen work or travel abroad while waiting for their green card?
If a Canadian spouse is adjusting their status in the United States, they can apply for permits that allow them to work and to travel. The work permit is known as an “Employment Authorization Document” or EAD for short. There is no restriction to the type of employment one may engagement in under an EAD. The travel permit is known as “Advance Parole.” It should only be used in urgent or emergency situations such as a family emergency, health reasons, or work. It should not be used for vacation, honeymoons, etc.
Does the American spouse need to make a certain income to sponsor their Canadian spouse?
Yes and no. All sponsors need to show that they meet a certain income requirement in order to support the beneficiary spouse. Typically, this would mean that the U.S. spouse works for a company and earns a salary that meets the federal poverty guidelines. The amount of income needed depends on a couple of factors, including the household size. The more people in the household, the higher the income should be.
What if the American spouse doesn’t meet the income requirement?
In this case, we can look at alternatives such as whether the American spouse has enough liquid assets (using a formula); whether the Canadian spouse is currently working in the U.S. and meets the income requirement; and whether the couple can obtain a joint sponsor who does meet the income requirement
What is the difference between conditional residency and permanent residency?
When a Canadian spouse is issued a green card, the validity period will either between two years or ten years. How long the validity period is will depend on how long the couple had been married at the time of approval. If the couple was married for fewer than two years at the time of approval, the green card will be valid for two years – which is known as conditional residency. If the couple was married for more than two years at the time of approval, the green card will be valid for ten years – known as permanent residency. Conditional and permanent residency is essentially the same, with the only distinction being the expiration date. One major difference is that conditional residents will have to apply to remove the “conditions” of their green card after two years by showing USCIS that they continue to remain in a legitimate marriage. The reason for conditional residency is that USCIS wants to ensure that those where not married long at the time of approval did not do so just to get a green card. USCIS wants to see that they continued to remain legitimately married throughout the entire two-year period.
How does a Canadian spouse remove the conditions of their green card?
In the window before their two year green card expires, the couple will have to submit paperwork and evidence showing that they have continued to remain in a bona fide marriage. USCIS will review all of the evidence and if they wish, request that the couple appear for an in-person interview. If USCIS is satisfied that the marriage is bona fide, the Canadian spouse will be issued a 10-year green card (permanent resident).
Can a green card holder sponsor a Canadian spouse for a green card?
Yes, a U.S. permanent resident or green card holder can sponsor a Canadian spouse just as a U.S. citizen can. The criteria and procedure are essentially the same and the main difference is that the priority date for a spouse of a permanent resident may not always be current as the spouse of a U.S. citizen is.
