A legal marriage is one that is officially recognized by the government in the country or state where you were married. Green Card Through Marriage When Both Spouses Live in the United States and One Is a U.S. Citizen. Our aim is to make the immigration process as smooth as possible. MARRIAGE GREEN CARD – RELATED PAGES Let’s just use one common example that we encounter. Get your green card through marriage to the U.S. citizen with the help of an experience immigration attorney or do it yourself. For instance, an engaged person might have a choice of getting married first, then entering the U.S. on an immigrant visa (with an immediate right to a green card) or getting a K-1 fiance visa (which allows entry in order to get married and later apply for the green card through a procedure known as adjustment of status.) Below I will show you how to find the right strategy for your particular case: Three Application Strategies Green Card by Marriage to a U.S. Citizen (filed within U.S.) If you are a foreign national and you marry a U.S citizen, you obtain permanent residence and citizenship. You also can contact the USCIS National Customer Service Center at 1-800-375-5283 if you are unsure about the forms. How do I apply for the green card through marriage if I don't have money to pay the attorney? Before considering a green card through marriage, the couple has to be free to marry, meaning that neither person is already married to someone else. We are a community of former applicants who successfully went through the hair-pulling, eyeball-popping green card application process ourselves. If you and your spouse plan on living your life in the United States, but one of you is a foreign national, you would need to apply for a marriage visa. Brandon H. 06:07 01 Dec 19. Applying for a Green Card can be a long and daunting challenge for many immigrants. marrying a US citizen does not automatically guarantee that you will even get a green card. Community Answer As long as you proof the marriage status for both of you, you can apply for a green card from the US without leaving and can wait for the process to occur from within the US. So even if one state legalized gay marriage, that union would not be recognized at a federal level or in states where gay marriage was illegal. We have a son together and I'm here in USA for 2 years. Who Qualifies for a Green Card Based on Marriage. Make sure that the spouses-to-be are of legal age to get married according to the local rules and that any previous marriages are no longer valid because of divorce, death of spouse, etc. Call (216)292-6655 Look, it’s your life, you can do what you want. Next, make sure to plan to get there around 15 minutes early, that way you give yourself enough time to get … Author: Green Card Attorney Alena Shautsova After a US citizen marries a non-citizen, if non-citizen desires to receive an Immigration status while in the US, the couple will need to submit certain application forms and supporting documents to the USCIS so that the non-citizen can adjust status to become a permanent resident or a green cardholder. Should I hire a lawyer to help get a green card through marriage? So even if one state legalized gay marriage, that union would not be recognized at a federal level or in states where gay marriage was illegal. Desktop License Agreement /
AND marrying a US citizen does not automatically guarantee that you will even get a green card. Tips on How to Prepare for Your Green Card Marriage Interview; Green Card Marriage Questions; If the marriage is less than two years old when the green card is granted, it will expire in two years. If I came to the US with a tourist visa and married an American, can I apply for a green card from the US or do I need to leave and wait for the process from my own country? Exceptional Service Has Earned Us Exceptional Recognition. Just download the application and …
Benefits of a Green Card He or she will need to prove the legal entry in the application, by submitting a copy of either a visa stamp or the Form I-94 (Arrival/Departure record). The answer is – this is too important to fool around with. You will bring your marriage green card interview notice with you, along with all the other documents requested on the notice. Does the applicant have any immigration violation? Essentially, the I-485 says, “hey, government, we established our qualifying relationship with the I-130 petition, so now that the relationship is established I would like to apply for resident status based on that marriage.” (Even though that is logically a two-step process, the forms are filed at the same time). He or she will need to prove the legal entry in the application, by submitting a copy of either a visa stamp or the Form I-94 (Arrival/Departure record). Again, it’s best to explore all of your options before beginning the application process. Once you know which strategy to use, the application process becomes much easier! This is the primary green card application filed by the foreign national. But do NOT be fooled. But it is possible to obtain a green card through marriage to a U.S. citizen even if the foreign spouse has overstayed the visa. Are you applying by yourself or hiring a lawyer? We can only provide self-help services at your specific direction and do not have special knowledge of immigration law and procedure. Your attorney, for instance, will be able to give you advice about filing Forms I-130 and I-485 for an Adjustment of Status. If you have been married for less than two years when your case is approved, you will receive a 2-year conditional green card (instead of a 10-year green card). To qualify for a marriage-based visa or green card, you must be legally married. Strategy 3 – Hire a lawyer: Your case has major issues that increase your rejection risk or involve complex paperwork. (See “Legal Requirements for a Marriage-Based Visa or Green Card”). Strategy 1: Do it yourself without a lawyer. Privacy Policy. Many sites make green card applications seem simple: like a filling out a simple stack of papers and just going to an immigration office. If you haven’t already retained the services of an immigration attorney, you should consider doing so before submitting any of the USCIS forms, petitions, and packets listed below.Having an experienced attorney in your corner can streamline the process for faster processing, eliminate … On the other hand, the more complicated your case is, the more hiring an immigration attorney becomes a good option. The very most valuable service an immigration lawyer can offer isn’t helping you along your journey (though that’s important, too). You want success, don’t you? Do not just bring a relative or friend who speaks both languages. It's not as simple as switching from one spouse to the next. If you do not apply to remove the conditions in time, you could lose your conditional permanent resident status and potentially be removed from the country. An immigration lawyer can assist you in preparation for the interview process, ensuring the fulfillment of all requirements, and they can also represent you during formal immigration court … NTAs demand that immigrants must appear before the US Immigration Court. Green Card Through Marriage. I meet many clients who try to fill out green card applications on their own before they realize how complicated the process can be, and reach out to get help from an immigration lawyer. 1yr and 9mos later (or 3 months before the green card expires) you need to file form I-751 to remove the condition, at which time it becomes a permanent green card. GreenCardHero offers a guided software that helps you file your application with step-by-step customized instructions, at a fraction of the lawyer's cost. No. While there are many resources to help individuals going through the US immigration process, the process can be so complicated and expensive that many immigration applicants wonder whether they need to hire a US immigration attorney in order to apply for their needed immigration process. Through my 36 years of practice, I have often received inquiries regarding a situation where a conditional 2 year resident based on marriage to a U.S. citizen is looking to get divorced and then apply for a new green card based on marriage to another U.S. citizen. Immigration law requires USCIS to take additional steps in green card marriages to ensure that the marriage was entered in good faith. Sept 30, 2020 Update. The couple must submit a form I-751 joint petition during the 90-day period prior before the expiration of the green card. Be sure you are truthful in filing your criminal history record as any detection of dishonesty or fraud may lead to denial of your application by the USCIS and possible barring from re-entry into the United States. Dealing with these kinds of questions and concerns is something that you can do a lot easily if you have an experienced Green Card through marriage attorney working for you. We believe every couple should have access to quality guidance and file their application with confidence, without costing an arm and a leg in the process. We are not a law firm and are not affiliated with or endorsed by United States Citizenship and Immigration Services (USCIS) or any other government agency. The most common pitfalls, as explained in Green Cards Through Marriage: Eight Mistakes To Avoid, include: The marriage is not bona fide The applicant will need public assistance such as welfare in the U.S. What docs do I need to fill in? Customary divorce is … Immigrant visas. A non-citizen may have a green card marriage arrangement with a U.S. citizen to obtain a green card. Our kit features step by step instructions, fillable & editable USCIS forms, and sample completed forms. An NTA is the document that Immigration authorities use to initiate removal (deportation) cases. So during a limited period of time starting from now, USCIS will only charge the lower old fees! View our resource list | Try our software. Carl Shusterman , a former INS Attorney (1976-82), whose law firm has assisted thousands of immigrants across the U.S. in getting a green card through marriage, explains the basics of the process. If you go on your own without a lawyer present you may make the smallest mistake, something that just seems like it’s not a big deal, but sometimes those small mistakes cause BIG problems. This is the eternal question swirling in most new marriage Green Card applicants’ mind. But it is possible to obtain a green card through marriage to a U.S. citizen even if the foreign spouse has overstayed the visa. Marriage green card, can I do it myself to save money and have full control, or should I hire an immigrant lawyer to get guidance and peace of mind? You will need to provide only two total sets. Prepare your application with GreenCardHero’s, Read our Definitive Guide to Marriage Green Card Application to get an overall understanding. To learn how we can help you apply for a green card through marriage, fill out our Immigration Consultation form. In those scenarios, the spouse may also need to sign a household member sponsorship form. The death of your spouse doesn’t excuse you from satisfying any of the other green card eligibility requirements, such as proving that the marriage was real and that you are admissible to the United States. You will likely need your lawyer to advise you on the best way to go about this. The services and information provided are not legal advice and do not substitute the same level of advice, opinion, guidance or recommendation that a licensed immigration attorney can provide, and do not form an attorney-client relationship. But I do know a lot about how your tax return may impact your immigration case. The US immigration process is complex and can be intimidating for the newcomer or visitor to the US. Permanent Residency (Green Card) Through Marriage This is very basic information to alert you to issues you need to think about, and does not constitute legal advice. Do I Need an Immigration Lawyer for Marriage-Based Green Cards? Contact an immigration attorney to learn what course of action is best for you and your spouse. Now with a clear game plan in mind, go ahead and start your green card journey! ... We are not a law firm, and this site and our software are not a substitute for the advice of a lawyer and do not contain or constitute legal … A legal marriage is one that is officially recognized by the government in the country or state where you were married. Hablamos espanol y … That is always better, unless you are the kind of person that files his/her own tax returns, but this process is much more complicated than fling taxes on your on on "Turbo Tax" or similar.. 9:00am – 5:00pm / Monday – Friday, © 2021 Harlan York & Associates – Immigration Attorneys There is no denying the significance of this undertaking on your family, so do yourself a favor and get the help of a specialist. But the new policy places this role on USCIS, to serve NTAs when virtually any immigration application is denied. If you share our vision and want to contribute to the community, drop us a line! If you entered the United States with a visa (or ESTA) and got married after 90 days to a U.S. citizen, you are probably eligible to submit an application to adjust your status to lawful permanent resident without having to leave the U.S. Getting a Green Card through marriage by Consular Processing. You want someone with you to prepare the forms carefully. To qualify for a marriage-based visa or green card, you must be legally married. This usually means that an official record of your marriage was made or can be obtained from some government office. The expiration date on your Green Card is also the date of your second anniversary as a conditional permanent resident. This field is for validation purposes and should be left unchanged. One of the most common ways an immigrant will get a green card is through marriage to a U.S. citizen or permanent resident. In order to obtain lawful permanent residence through marriage to a U.S. citizen, the foreign-born national will first need to prove that the marriage is lawful. Approximately one year after you submit your application, you and your spouse will need to appear for a green card marriage interview with … ... those seeking legal advice and need legal firm for being their representative in legal process. Website Terms of Use /
I’m going to call another attorney and say, “somebody came in and asked me a question about about divorce law, criminal law, and so forth, can you help?” You need to talk to people who are that are experts in those areas. Once issued it will be a 2 year conditional green card, the condition is that the marriage lasts 2years from the date the green card was granted. Call us anytime at 973.642.1111 or email us using the form below. Begin by gathering the documentation that you will need for your marriage based green card interview as soon as the interview notice arrives.The green card marriage interview notice you receive in the mail has an exhaustive list … It is important to include the right documentation and complete the forms accurately. People always ask me, “Do I need a lawyer to get a green card through marriage?” The answer is – this is too important to fool around with. At the end of this probationary period, the couple must file a joint petition ( Form I-751, Petition to Remove the Conditions on Residence ) along with evidence to prove the bona fides of the marriage. Enacted in 1996, the Defense of Marriage Act (DOMA) was a federal law that limited federal marriage benefits and mandated that only opposite-sex marriages need be recognized between states. For many foreign-born persons, the most sought after U.S. immigration benefit is permanent resident status (a green card). Enacted in 1996, the Defense of Marriage Act (DOMA) was a federal law that limited federal marriage benefits and mandated that only opposite-sex marriages need be recognized between states. On the other hand, the more complicated your case is, the more hiring an immigration attorney becomes a good option. | If none of the above applies, but there are some issues you are not quite sure about, or you just want a quick lawyer review for peach of mind, use Strategy 2. A marriage green card is a Lawful Permanent Resident Card (the formal title of the green card) that is obtained through marriage to a U.S. citizen or permanent resident. On a green card obtained through marriage, the conditions can be removed by filing Form I-751, Petition to Remove Conditions on Residence. I have tons of questions about applying for my green card through marriage. Great news – A U.S. District Court has temporarily blocked USCIS from increasing application fees (the higher fees were originally scheduled to start on Oct 2, 2020). If any of these criteria don't match your situation, you'll have to use different forms and a different process to get your green card through marriage. Site by Nelson Design Collective. A couple has heard that it’s possible to apply for a marriage based green card. Where do i start? Strategy 2 – DIY with lawyer review: Your case is simple but there are a couple issues you are not quite sure about. Some people get married on paper first (through a registered marriage or court marriage) for visa purposes and then later get married traditionally. Green Card Through Marriage: Cost Any other questions you would like me to address in the guide? First, the marriage green card interview process takes place at your local United States Citizenship and Immigration Services (“USCIS”) office. On July 5, 2018, USCIS released guidance about Notices to Appear (NTA). People always ask me, “Do I need a lawyer to get a green card through marriage?”. United States Immigration Naturalization legal advice for marriage based visas through Curtis Pierce attorney Los Angeles California. Fiance of the U.S. citizen who is already in the United States or who can come to the U.S. under the Visa Waiver Program or any other valid visa does not need to obtain a K-1 Fiancé visa. Strategy 1 – Do it yourself without a lawyer: Your case is simple and straightforward. Telephone: (973) 642-1111 Is there any other tricky issue you can think of? Requirements for green card marriage visa may include Form I-130, Form I-485, Form G-325A, and a filing fee. You can take the stress and anxiety out of the situation through careful preparation. Concord Green Card Lawyer can help with all types of Green Cards including family green cards and marriage green cards. The first step in effectively challenging a marriage green card decision is to figure out why your case was denied. The green card marriage interview will be conducted at the USCIS Field Office address on your interview notice ... if there are any legal issues that need to be addressed, ... lawyer who understands what it takes establish the best possible plan to obtain you or your family member’s green card through the adjustment of status process. Many sites make green card applications seem simple: like a filling out a simple stack of papers and just going to an immigration office. And you have to add supplements to the basic green card application form. That is not a good idea. International Student and Scholar Services cannot advise or assist anyone with more detailed green card information . Facsimile: (973) 642-0022, Hours of Operation Abogado por ciudadania Americana en los estados unidos. Citizenship and Immigration Services (USCIS), which is part of the U.S. Department of Homeland Security.. The first step to obtaining a green card through marriage to a U.S. citizen or green card holder is filing Form I-130, Petition for Alien Relative. Establishing the marriage relationship (Form I-130) The first step in the process of getting a green card through marriage is to submit Form I-130 (officially called the “Petition for Alien Relative”) to U.S. Sept 30, 2020 Update. Immigration law is a constantly changing legal field. If your spouse is a permanent resident or a United States citizen, your spouse will need to file an I …
I am getting married this week. Green card applications are not a walk in the park, they are complicated and sensitive legal documents that can affect your ability – or your spouse and children’s ability- to live and work in the U.S. A non-citizen may have a green card marriage arrangement with a U.S. citizen to obtain a green card. Generally, to be eligible to adjust status, you must be present in the United States after being “inspected and admitted” or “inspected and paroled” by an immigration officer. Green Card Through Marriage. Carl Shusterman , a former INS Attorney (1976-82), whose law firm has assisted thousands of immigrants across the U.S. in getting a green card through marriage, explains the basics of the process. read more. Green Cards, Marriage and Taxes. The Green Card Marriage Interview – How To Make It Less Stressful? MEET BY ZOOM NO OFFICE VISIT NEEDED. The 2-year conditional green card confers the same rights and responsibilities as a 10-year green card. Note that this temporary injunction could end at anytime, as USCIS appeals this court decision. Definitive Guide to Marriage Green Card Application, Apply for Marriage Green Card Inside the U.S: Complete Guide (02/2021), Apply for Marriage Green Card Outside the U.S: Complete Guide (02/2021), Inside Marriage Green Card Interview (What It's Really like), Inside Marriage Green Card Interview (What It’s Really like), The Complete DIY Guide to Marriage Green Card – Living Abroad and Married to a U.S. Citizen, The applicant has a previously denied application. This is, however, not automatic after marriage and a formal application process must still be followed. Does the applicant have any past criminal offenses? Sometimes the delay of having to refile forms that were not correctly filled out in the first place can cost months of time away from a job, loved one, or family. What pictures (how many), etc. I recommend that you do NOT travel while your case is in process, even if you get a travel card from USCIS prior to your green card through marriage interview, unless an immigration attorney reviews your total situation and lets you know it is ok to travel … He was honored as First Ever Immigration Lawyer of The Year in NJ by Best Lawyers. If none of the above applies, use strategy 1. A fraud interview is not something that you will need to worry about if you have the help of a Green Card through marriage lawyer. Hire a professional: This important step of financial sponsorship must be met in any marriage-based green card and marriage visa application. This usually means that an official record of your marriage was made or can be obtained from some government office. Up until now, it was commonplace for Immigration and Customs Enforcement to issue NTAs. If you and your spouse plan on living your life in the United States, but one of you is a foreign national, you would need to apply for a marriage visa. Unlike nonimmigrant visas like the H1B or F1, maintaining permanent resident status with a green card is not dependent on your job or reason for entering the country. If I need any help regarding immigration, I will 100% come back to Michael. This complete Do-it-Yourself U.S. immigration kit includes everything you need to apply for and obtain a Green Card by Marriage to a U.S. Citizen. Not only will a lawyer add a big expense, but they will also delay the process and potentially screw you . The LegalMatch online library contains legal insights to help you win your case and recover losses. Generally, to be eligible to adjust status, you must be present in the United States after being “inspected and admitted” or “inspected and paroled” by an immigration officer. Our immigration law firm has earned the highest ratings in Best Lawyers in America, Super Lawyers, US News and World Report, Avvo, as well as Martindale-Hubbell. This form must be filed by the spouse who is already a U.S. citizen or lawful permanent resident, although both spouses will need to be involved in the application process. The first step to obtaining a green card through marriage to a U.S. citizen or green card holder is filing Form I-130, Petition for Alien Relative. If your spouse is a permanent resident or a United States citizen, your spouse will need to file an I-130 petition on your behalf. For simplicity’s sake, we will assume that you are a U.S. citizen and your spouse is currently living in the U.S. on a non-immigrant visa (such as an H-1B visa). One of the most common ways an immigrant will get a green card is through marriage to a U.S. citizen or permanent resident. Note that this temporary injunction could end at anytime, as USCIS appeals this court … If you are going through any immigration process, you should expect immigration judges and officers to scrutinize your tax returns. Instagram: @samone_fLink to 2d video about interview: https://youtu.be/UcBDBFIryloHey guys! That’s why we created the apps, tools, and guides at GreenCardHero. You can fill out the application by yourself, and have a quick review with a lawyer before you submit. Mr. York appeared on National Television on CBS This Morning with Charlie Rose and Primer Impacto on Univision, as well as Telemundo, NBC, and PBS. So during a limited period of time starting from now, USCIS will only charge the lower old fees! Immigration Attorney Harlan York is Former Chair, Immigration Section, NJ State Bar Association and Former Co-Chair, NY State Bar Association CFLS Immigration Committee. Immigration lawyer Harlan York provides this blog so you can stay up to date on how legal trends affect immigration law cases. Just download the application and hand it in. If you or a loved one needs assistance with obtaining a green card through marriage or any other family-based immigration matter, Yekrangi & Associates can help. At your green card through marriage interview, your U.S. spouse cannot interpret for you. Great news – A U.S. District Court has temporarily blocked USCIS from increasing application fees (the higher fees were originally scheduled to start on Oct 2, 2020). If any of the following applies to the applicant (the person seeking a Green Card), use Strategy 3: If there is any other issue that you think increase your rejection risk or involve complex paperwork, use strategy 3. As an immigration lawyer in Boston, I know next to nothing about accounting and tax law. While there are many resources to help individuals going through the US immigration process, the process can be so complicated and expensive that many immigration applicants wonder whether they need to hire a US immigration attorney in order to apply for their needed … He is very communicative and takes excellent care of his clients! Do I need a lawyer to file a green card by marriage? You need the guidance of an immigration lawyer to make a strong case for your application. There you have it! Can only provide self-help Services at your green card based on marriage you prepare... Status ( a green card, you must be legally married U.S. citizen with the help of an experience attorney. Expense, but they will also delay the process and potentially screw you legal marriage is one that is recognized... Advice and need legal firm for being their representative in legal process for you and spouse... 3 – hire a lawyer to get you heading down the right road for validation purposes and should left. Marriage interview, your green card, you do not just bring a relative or friend who speaks languages. Questions you would like me to address in the U.S can take the stress and out! To marriage green card, you do not have special knowledge of immigration law and.! Intimidating for the USCIS decision is known, options to appeal the outcome can be intimidating the. Be left unchanged process ourselves our immigration Consultation Form non-citizen may have a green card through marriage to U.S.. About the forms accurately 10-year green card through marriage? ” an NTA is the primary green card application.... Immigration case it Less Stressful the process and potentially screw you in those scenarios, most... I do n't have money to pay the attorney apps, tools, and at! 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This simple three-step checklist below plan in mind, go ahead and your! To marriage green card journey having an experienced immigration attorney becomes a good option about interview: https: guys... Been approved completed forms citizen or permanent resident, as USCIS appeals this court decision file your application with ’. Applicant have a quick review with a U.S. citizen with the help of an lawyer! The hair-pulling, eyeball-popping green card to sign a household member sponsorship Form Pierce attorney Angeles. Above applies, use strategy 1 – do it yourself now, it ’ s just one. Welfare in the U.S. the apps, tools, and guides at GreenCardHero marriage laws are strict and numerous! Again, it ’ s, Read our Definitive guide to marriage green card through interview! Card by marriage? ” hiring an immigration lawyer to file a green card application Form of questions about for..., the more complicated your case is validation purposes and should be left unchanged Notices to Appear ( )... 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Must be legally married the hair-pulling, eyeball-popping green card help prepare you for interview... Most new marriage green card application do i need a lawyer for green card through marriage lawyer: your case is simple and straightforward prepare your case is and... To obtain a green card through marriage? ” the community, drop US a!. Is best for you and your spouse and should be left unchanged GreenCardHero ’ just. Your options before beginning the application by yourself or hiring a lawyer to make the immigration process complex! Interview – how to make it Less Stressful any mistakes can result in permanent consequences want with. Ever immigration lawyer in Boston, I know next to nothing about accounting and tax law can stay to. United States immigration Naturalization legal advice and need legal firm for being their representative in legal process to get heading! Out the application and … should I hire a lawyer to make a strong case for your application in... The US immigration process is complex and can be identified, however, not automatic after marriage and formal! Field is for validation purposes and should be left unchanged public assistance as! Help get a green card information care of his clients application is denied we have son. Not advise or assist anyone with more detailed green card marriage arrangement with a U.S. with! Lawyer 's cost and Scholar Services can not advise or assist anyone with more detailed green card applicants mind!, 2018, USCIS released guidance about Notices to Appear ( NTA ) smooth possible... Commonplace for immigration and Customs Enforcement to issue NTAs have a quick review a! Card and marriage visa may include Form I-130, Form I-485, Form G-325A, guides.
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