Many Texas households include family members who are U.S. citizens who happen to be married to spouses who are not. The federal government often calls such marriages into question if it has reason to suspect that a relationship is fraudulent and that two people have gotten married simply to help one of them obtain permanent resident legal status. A non-citizen marrying a citizen, however, doesn’t necessarily mean that person will gain green card privileges.

A person who marries a born or naturalized citizen has the option of petitioning the federal government for a green card. Numerous documents must be submitted to request permanent residency. Requesting permanent resident status is not a legal obligation; in fact, an immigrant spouse should only do so if he or she plans to remain in the United States on a permanent basis.

Immigration laws can be quite complex. If a person files a petition for a green card based on a marriage to a U.S. citizen, he or she will want to seek clarification of all regulations pertaining to travel in and out of the country. While some statuses allow for traveling abroad and returning to the United States after marrying a citizen and filing application for a green card, others do not.

Under federal law, U.S. citizens are allowed to petition for green cards for certain relatives. This includes parents. Typically, U.S. citizens that are over 21 are eligible to pursue a green card for parents who are from another country.

Does this only extend to birth parents? No, it does not. Citizens generally are allowed to petition for adoptive parents and step-parents to be granted permanent resident status.

As a note, there are some added required supporting documents for petitions for non-biological parents.

The rate of rejection of almost every kind of immigration visa has jumped in the first nine months of 2018, according to U.S. Citizenship and Immigration Services.

The denial rate for most immigration applications jumped from 8.3 percent in 2016 to 11.3 percent in 2018. The denial rate from H-2A agricultural workers and H-1B high-skilled workers went from 16.8 percent in 2016 to 22.6 percent in 2018. The denial rate for green cards went from 5.9 percent in 2016 to 7.9 percent in 2018.

Most of these categories saw either a measured increase between 2016 and 2018 or a large bump in the last year. One of the odd blips during the increase in visa denials is that the K-1 visa – the fiancé visa – jumped from 13.6 percent in 2016 to 21.8 percent in 2017, then actually dropped 0.8 percent between 2017 and 2018.