Your Guide to the IR6 Green Card

An IR6 green card is how people sometimes refer to it when your permanent residency is based on your spouse’s status as a citizen because you fall under green card category IR6.

What Is IR6 Green Card?

For many foreign-born individuals, one of the most appealing United States immigration routes is lawful permanent resident status, also known as a green card. Among the most common ways an immigrant can obtain a green card is through marriage to a U.S. citizen or lawful permanent resident.

A marriage green card permits the foreign-born spouse to live and work throughout the United States. The green card holder will have lawful permanent resident status until they choose to file an application for U.S. citizenship, which they will qualify for after three years.

IR6 Green Card Code

It’s important to keep in mind, however, that permanent residence is not automatic after marriage. You will need to follow a comprehensive application process, and while most marriage-based green cards hold similar requirements, the exact steps you need to take and the timeline of your application process will depend on your specific code and category of green card.

One of the most common marriage-based green card codes is the IR6 green card. But, if your status is based on the marriage that occurred less than two years ago, you would be given conditional permanent resident status. That can be indicated with a class of admission that starts with CR. The exact category in your case would be category CR6. Your permanent resident status would be conditional until a certain period of time passes, and you prove that you didn’t marry just to circumvent the U.S. immigration laws.

Generally, to remove conditions on permanent residence with your lawful permanent resident or U.S. citizen spouse, you have to apply by filing Form I-751. The form has to be filed during the 90-day period before your conditional residence expires. Here, the immigration law experts at Tadeo & Silva guide you through everything you need to know.

IR6 Green Card Requirements

Although the IR6 is one of the quickest ways to obtain a marriage-based green card, marriage-based green cards remain some of the most scrutinized immigrant visas in the U.S. In order to qualify, you need to provide evidence that you fulfill the following requirements: 

• The foreign-born spouse must be legally married to a U.S. citizen.
• The U.S. citizen spouse must be at least 21 years of age.
• Your marital relationship needs to be bona fide. 
• Any previous marital relationships need to be ended prior to your present marital relationship.
• The foreign-born spouse needs to have entered the United States lawfully and still have evidence of legal entry.
• The U.S. citizen spouse should not have any arrests or convictions involving violence or sexual offenses against a minor.
• The foreign-born spouse should not have committed any crimes of moral turpitude.

Verifying Marriage for Green Card IR6

According to U.S. Citizenship and Immigration Services (USCIS), the credibility of a marital relationship is determined by the law in the jurisdiction where the marriage occurred. However, USCIS does not acknowledge the following as marital relationships, even if legitimate in the location of the marriage:

• Polygamous marriages
• Marriages that breach the public policy of the couple’s state of residence, such as incestuous marital relationships
• Proxy marriages, unless the marriage has been consummated
• Marital relationships targeted at averting U.S. immigration laws

If you or your spouse does not meet the requirements for an IR6 marriage-based green card, don’t let that discourage you from pursuing lawful permanent residence. Our immigration law experts can help you explore your green card options and pursue an alternative route based on your circumstances. 

Ask a Lawyer About IR6 Visa

When applying for an IR6 green card, the burden of proof to establish the authenticity of the marital relationship falls upon the candidate. A skilled lawyer can help you in determining whether the IR6 route is right for you, understanding what to anticipate, and preparing the application properly. 

Once again, it’s always best to explore all of your options prior to starting the application process. At Tadeo & Silva, we are passionate about helping mixed-status couples legally begin their new lives together in the United States, and we’d love to help you, too. Contact us today to schedule a consultation.