What Happens to My Kids If I Marry a US Citizen?

Picture this: You've just said "I do" to a US citizen, and your life is about to take an exciting turn. But what does this new adventure mean for your children? Let’s dive into the fascinating world of immigration and find out how your marriage can open doors to a bright future for your kids!

Immediate Benefits and Steps

When you marry a US citizen, you become eligible to apply for a green card (permanent residency). The process typically involves applying for a marriage-based green card, which demonstrates the legitimacy of your marriage to the US Citizenship and Immigration Services (USCIS). But what about your children?

Your children, who are under the age of 21 and unmarried, can be included in your immigration process. They will not be considered to be the child of your spouse meaning that they can also apply for green cards based on your marriage to your US citizen spouse. Here’s how it works:

1. Adjustment of Status or Consular Processing: Depending on whether your children are already in the United States or abroad, they will either apply for adjustment of status (if in the US) or go through consular processing (if outside the US).

2. Form I-130 Petition: Your US citizen spouse will need to file a Form I-130, Petition for Alien Relative, for each of your children. This form establishes the relationship between your US citizen spouse and your children and is the first step in their path to becoming permanent residents.

What If Your Children Are Over 21?

Kids grow up fast, don’t they? If your children are over 21, they’re no longer considered to be a child under immigration law which will make it harder for them to get their green cards through your marriage to your US Citizen spouse, but not impossible.

Seeking Legal Advice

Navigating the immigration process can feel like solving a Rubik’s Cube blindfolded. That’s why having an experienced immigration lawyer in your corner is a game-changer. If you have more questions or need assistance with your immigration journey, feel free to reach out to our experienced team. We’re here to help you every step of the way.

Patricia Elizee is the managing partner of the Elizee Law Firm, an immigration law firm located at 1110 Brickell Avenue, Suite 315, Miami, Florida 33131. Phone 305-371-8846. The law firm was established in 2012. Ms. Elizee earned her Juris Doctorate at the University of Miami School of Law and her Masters in Law from the University of Washington School of Law.