The spouse of a U.S. citizen is eligible for a green card. The marriage must be legitimate and valid. Fraudulent marriages whose purpose is only to receive a green card is illegal. USCIS may suspect a fraudulent marriage if there are signs of illegitimacy – living in different residences, having limited contact prior to the marriage, not speaking a common language, etc. On the other hand, USCIS may take notice of particular signs of legitimacy – living in the same residence, having children together, owning joint property, co-mingling of marital finances, etc.
The applicant must still be married to a U.S. citizen when submitting the application. Former marriage to a U.S. citizen does not meet the requirements for a green card. Similarly, at the time of the marriage, both parties must be legally able to get married to each other. If one or both parties were previously married, applicants will need to show proof of a legally-recognized divorce from his or her previous spouse.
