1. Get Green Card through Marriage to a U.S. Permanent Resident

Thousands of foreign-born people become engaged or married to U.S. permanent residents every year. The immigration process for Green Card through marriage varies based on whether a foreign national intends to marry the U.S. permanent residents in the U.S. or outside the U.S. 

When a foreign national marries a U.S. permanent resident, he or she is considered as a close relative of the U.S. permanent resident. There are numerical limitations to this family-based category, and the U.S. permanent resident spouse (husband or wife) in the U.S. can file an application for permanent residence for the foreign spouse with USCIS, once the marriage has taken place. The applicant will be required to demonstrate to USCIS that the marriage was entered into good faith, and not solely for the purpose of securing immigration benefits for the foreign national. 

A lawful permanent resident is a foreign national who has been granted the privilege of permanently living and working in the United States. If a foreign spouse wants to become a lawful permanent resident based on the fact that he or she married a U.S. permanent resident, the USCIS will approve an immigrant visa petition. This petition is filed by the U.S. permanent resident spouse and must be accompanied by proof of the marriage relationship. 

2. The Close Family Members of U.S. Citizens or U.S. Permanent Residents

The close family members of U.S. citizens or U.S. permanent residents are divided into several groups called preferences. Family-sponsored immigration has an overall quota per year, plus unused numbers from employment-based preferences. Each preference is given a numerical quota per year to limit the number of immigrants admitted into the United States:

• First preference: Unmarried Children over 21 year of age of U.S. Citizens (23,400 per year, plus unused visas from the Fourth Preference);

• Second Preference: Spouses and unmarried children (regardless of age) of U.S. permanent residents (114,000 per year, plus unused visas from the First Preference);

• Third Preference: Married sons and daughters of U.S. citizens, including their spouses and their minor children. (23,400 per year, plus unused visas from the First and Second Preferences);

• Fourth Preference: Brothers and sisters of U.S. citizens, including their spouses and their minor children. (65,000 per year, plus unused visas from the First, Second, and Third Preferences).

3. The Definition of Marriage and Spouse in U.S. Immigration law

Marriage is a subject matter of the laws of the state or country where the marriage was entered into. Federal laws usually recognize the validity of a marriage if the marriage was valid in a state or another country where the marriage was entered into.

However, according to The Defense of Marriage Act, U.S. Congress clarifies that the word "marriage" means only a legal union between one man and one woman as husband and wife, and the word "spouse" refers only to a person of the opposite sex who is a husband or wife. Apparently, U.S. Congress interprets that marriage exists only between male and female.

Immigration laws stated that a person does not qualify as a spouse, husband, or wife for immigration purposes if the marital relationship was created by a marriage ceremony, where the parties were not physically present in the presence of each other, such as a proxy marriage, unless the marriage has thereafter been consummated.