Immigrants who entered legally are not required to choose the adjustment of status procedure. They might instead decide to leave the United States and apply for an immigrant visa at an overseas U.S. consulate. Green card holders who are applying based on marriage to a U.S. Citizen or Lawful Permanent Resident will receive a two-year conditional green card if they have been married for less than two years at the time their green card is approved. Citizens and Lawful Permanent Residents, but also step-children of U.S. citizens and Lawful Permanent Residents if the qualifying marriage occurred less than two years before the approval of the green card.
If you don’t understand a question, ask for clarification to avoid providing inaccurate answers. During your adjustment of status interview, USCIS officers will ask a series of personal background questions. These questions adjustment of status attorney verify your identity, confirm the information in your application, and assess your eligibility for permanent residency.
If processing through a consulate abroad, work authorization begins only after entry as a permanent resident. Eligibility is based on whether the marriage is legally valid where it was performed, not on the couple’s gender. Same sex marriages are treated the same as opposite sex marriages under U.S. immigration law. That means more detailed questioning at interviews and closer review of supporting documents. If the spouse is outside the United States, the case proceeds through consular processing. They will be subject to a preference based quota system, and have to wait for their turn in the green card waiting game.
If your foreign spouse is residing in the U.S., he/she may be eligible to remain in the country while your marriage based green card petition is pending and adjust your status once it is approved. Adjustment of status is generally an immigration option if the foreign spouse is in the United States with a valid visa such as a employment based visa or student visa. Part of the family immigration area of immigration law, a marriage-based green card is a type of visa given to spouses of permanent residents or United States citizens. While you may try self-petitioning for a spousal green card, you have better odds of success with an expert spouse visa attorney on your side.
She is fluent in Spanish and has represented clients from over 40 countries. We prepare you thoroughly for the USCIS marriage interview so you feel confident and ready. The USCIS interview is designed to verify the authenticity of the marriage. Preparation with your Immigration Lawyer is key to answering confidently and accurately.
Navigating the complex process of obtaining a Green Card through marriage, ensuring a future with your loved ones in the U.S. Gustav Hyacinth is from Canada, he is on an H1B visa, he fell in love with his co-worker, who is a pretty U.S. citizen, they decided to get married. Firm attorneys are licensed in good standing in New York, New Jersey, Maryland, District of Columbia, and Michigan (see attorney profile pages). Further, this information is not intended to create an attorney-client relationship. No, attempting this process alone is extremely risky. Immigration law’s complexity means too much can go wrong without the right guidance.
One of the key requirements is to demonstrate the ability to support their non-citizen spouse financially. This involves submitting an Affidavit of Support (Form I-864), which legally binds the U.S. citizen to provide financial support to their spouse if necessary. The form requires the citizen spouse to show they have an income at or above 125% of the federal poverty guidelines for their household size. This ensures that the non-citizen spouse will not become a public charge. The U.S. citizen spouse may need to provide additional supporting documents, such as recent tax returns, pay stubs, and employment verification, to substantiate their financial status. If the sponsoring spouse’s income does not meet the requirement, a joint sponsor may be needed to fulfill this obligation.
This might include missing proof of bona fide marriage, incomplete forms, or inconsistent testimony. Those without lawful status at the time of filing are at particular risk. As per the announced press release, they say that the adjustment of status will only be given for applicants who are in extraordinary circumstances. They released a policy memo that gives direction the immigration officers while adjudicating the AOS applications. To work with our office, the first step is to schedule a consultation with one of our experienced immigration attorneys. During this consultation, we will discuss your individual circumstances and goals, and determine the best course of action for your specific situation.
Her dedication to the profession and her clients cements her reputation as a trusted adviser and leader within Sellanes Farasat Immigration. Undergo document scrutiny during the interview, presenting evidence such as wedding photographs, joint bills, tax returns, joint leases or deeds, joint bank accounts, and insurance documents. If the marriage is less than two years old at approval, receive a conditional green card, marking the initiation of permanent residency status. Initiate the process by submitting an application to the USCIS lockbox facility dedicated to marriage-based green card filings, in accordance with immigration law.
The timeline for obtaining a green card through marriage can vary significantly based on individual circumstances and government processing times. Generally, when the application is submitted, receiving the green card may take ten months to 2 years. For those applying within the U.S. through adjustment of status, the process typically ranges from 12 to 24 months. The timeline for those using consular processing is often between 10 to 16 months, as the National Visa Center (NVC) and the U.S. embassy or consulate abroad manage these applications. Several factors influence these timelines, including the workload at USCIS service centers, the completeness of the submitted documentation, and any potential requests for further evidence. Therefore, while the average processing time ranges from 10 months to 2 years, applicants should be prepared for possible variations.
Certain criminal convictions, prior immigration fraud, communicable diseases, or previous deportation orders can create bars to eligibility under INA Section 212(a). Schedule a FREE 15-Minute Conversation with an experienced legal professional. You can check the monthly visa bulletin provided by the Department of State to see if the dates match or pass your priority date.
The couple must file Form I-751, Petition to Remove Conditions on Residence, together. They must provide evidence of their ongoing relationships, such as joint financial documents, photos, and other relevant documentation. You may not be able to come back to the United States if you travel outside the country before your marriage based green card is approved without first filing an advance parole document using form I-131. Are you a US citizen or permanent resident looking to get your spouse a green card to stay in the United States?
Cases involving prior overstays or unlawful presence should be carefully reviewed. To get a green card through marriage, your U.S. citizen or U.S. permanent resident spouse is required to file a Form I-130 on your behalf as part of the marriage green card process. Your spouse is the petitioner (person filing the petition) and you are the beneficiary (person benefitting from the petition) in a marriage-based green card case. It can take between 10 and 38 months to get a green card through marriage.
A green card attorney is knowledgeable about the legal environment and stays updated on changing regulations. This guarantees that your application is thorough and precise and turned in punctually. A lot is on the line when you are seeking a green card by getting married. Errors or failure to meet deadlines in your paperwork can cause substantial delays or rejections. They help verify the information on your application and assess potential grounds for inadmissibility.
Marriage-Based Green Card Attorney: Your Path to Immigration
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