Rights and Responsibilities of the foreign spouse

The rights and responsibilities of the foreign spouse in the U.S. immigration process are critical aspects of the marriage-based immigration journey. Once the foreign spouse becomes a legal permanent resident (Green Card holder) through marriage to a U.S. citizen, they gain certain rights but also assume responsibilities under U.S. immigration law. Below is an in-depth explanation of these rights and responsibilities.

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Rights of the Foreign Spouse

1. Right to Live and Work in the United States
   • Permanent Residency: Once granted a Green Card, the foreign spouse has the right to reside permanently in the U.S. without any restrictions.
   • Work Authorization: The foreign spouse has the right to work anywhere in the U.S., without the need for additional work permits or visas. They are considered a lawful permanent resident (LPR) and can obtain a Social Security number (SSN) for tax and employment purposes.
   • Travel: The foreign spouse can travel freely outside the U.S. and re-enter the country using their Green Card. However, they must be mindful of the length of time spent abroad to avoid jeopardizing their permanent resident status (e.g., staying out of the U.S. for more than a year without filing for a re-entry permit could lead to abandonment of their Green Card).
2. Access to Government Services and Benefits
   • Social Security: As a permanent resident, the foreign spouse is eligible to work and pay into the Social Security system, which may qualify them for benefits later in life, such as retirement and disability benefits.
   • Health Insurance: Permanent residents may be eligible for public health programs such as Medicaid (if they meet income requirements) or may obtain private health insurance. Eligibility for public health programs may depend on the state in which they live.
   • Public Benefits: The foreign spouse may be eligible for certain state or federal benefits, though their eligibility may depend on the number of years they have been a Green Card holder, their income, and other factors. For example, they may qualify for food assistance (Supplemental Nutrition Assistance Program, or SNAP), housing assistance, or other welfare programs, depending on state laws.
   • Education: The foreign spouse can apply for in-state tuition rates in most states (if they meet residency requirements) and may be eligible for federal student aid, including grants and loans.
3. Path to U.S. Citizenship
   • Naturalization: After three years of marriage to a U.S. citizen and maintaining permanent resident status, the foreign spouse can apply for U.S. citizenship through the naturalization process. This process involves:
     • Meeting continuous residence and physical presence requirements.
     • Demonstrating good moral character.
     • Passing an English language and civics test (unless eligible for an exemption).
     • Taking an oath of allegiance to the U.S.
   • Once naturalized, the foreign spouse gains all the rights and privileges of U.S. citizens, including the right to vote, apply for federal jobs, and sponsor family members for immigration.
4. Protection Against Deportation (Conditional Green Card Holders)
   • If the foreign spouse has been married to the U.S. citizen for less than two years when they receive their Green Card, the spouse receives a conditional Green Card.
   • This conditional status can be removed by filing Form I-751 to prove that the marriage is genuine. Once the conditions are removed, the foreign spouse is granted permanent resident status and cannot be deported solely based on the marriage.
5. Ability to Sponsor Family Members
   • After gaining U.S. citizenship, the foreign spouse can petition for family reunification and sponsor their children, parents, and siblings for immigration. However, as a Green Card holder, their sponsorship options are limited to immediate family members (spouse and unmarried children under 21).

Immigration Process for spouses of U.S. citizens

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Responsibilities of the Foreign Spouse

1. Adherence to U.S. Immigration Laws
   • The foreign spouse must comply with all immigration laws and regulations while living in the U.S. This includes maintaining valid immigration status, informing USCIS of any address changes, and ensuring they do not overstay their authorized period of stay or violate any terms of their visa or Green Card.
   • Avoid Marriage Fraud: The foreign spouse must ensure that the marriage is genuine and not entered into solely for immigration benefits. Fraudulent marriages, or marriages entered into for the purpose of evading immigration laws, can result in severe legal consequences, including deportation, permanent bans from entering the U.S., and criminal charges.
2. Reporting Address Changes to USCIS
   • The foreign spouse is required to notify USCIS of any change of address within 10 days of moving. This can be done by filing Form AR-11 (Alien’s Change of Address Card), which ensures that the individual receives important notifications regarding their immigration status, such as Green Card renewal or citizenship applications.
3. Maintain Valid Immigration Status
   • Green Card Maintenance: While holding a Green Card, the foreign spouse must ensure they do not violate the terms of their residency. This includes:
     • Not abandoning U.S. residence: Extended stays abroad could result in the presumption that the foreign spouse has abandoned their permanent residence. If the foreign spouse plans to be outside the U.S. for more than one year, they should apply for a re-entry permit.
     • Not committing crimes or violating laws: Certain criminal convictions can lead to deportation or disqualification from citizenship.
   • Continuous Residence for Naturalization: In order to qualify for U.S. citizenship, the foreign spouse must maintain continuous residence and physical presence in the U.S. They should avoid long trips abroad that could disrupt this requirement.
4. Filing Taxes
   • As a permanent resident, the foreign spouse is required to file U.S. income taxes. U.S. tax laws apply to both citizens and Green Card holders, and the foreign spouse must report worldwide income, even if it is earned outside the U.S. Failure to file taxes or fraudulent tax reporting can have serious immigration consequences.
5. Support of U.S. Citizen Spouse (Financial Responsibility)
   • The foreign spouse is not responsible for financially supporting the U.S. citizen spouse; however, the U.S. citizen spouse must demonstrate their financial ability to support the foreign spouse by submitting an Affidavit of Support (Form I-864) during the immigration process. This form acts as a legally binding contract that ensures the foreign spouse will not become a public charge or rely on government welfare programs.
6. Conditional Residence (if applicable)
   • If the foreign spouse receives a conditional Green Card (for marriages that are less than two years old), they must work with their U.S. citizen spouse to file Form I-751 (Petition to Remove Conditions) to prove that the marriage is legitimate. Failing to file this form or provide the necessary evidence may result in the foreign spouse losing their permanent resident status and being placed in removal proceedings.
7. Naturalization Process
   • If the foreign spouse wishes to become a U.S. citizen, they must apply for naturalization after meeting the necessary residency and other requirements. This includes:
     • Being married to the U.S. citizen spouse for at least three years.
     • Living in the U.S. for at least 18 months out of the last 3 years.
     • Demonstrating the ability to speak, read, and write in English (unless exempt).
     • Passing a civics test about U.S. history and government.
     • Submitting the naturalization application (Form N-400) and attending an interview.

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The foreign spouse of a U.S. citizen has significant rights, including the ability to live and work in the U.S., access government services, and eventually apply for U.S. citizenship. However, they also have important responsibilities to comply with U.S. immigration laws, maintain their Green Card status, and participate in the naturalization process if they wish to become U.S. citizens. By fulfilling these rights and responsibilities, the foreign spouse can successfully integrate into U.S. society while building a stable, secure future with their American spouse.