That is not a good idea. 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. Strategy 3 – Hire a lawyer: Your case has major issues that increase your rejection risk or involve complex paperwork. 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. 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. If you are currently in the United States, in order to be eligible for a Green Card as an immediate relative, you must meet the following requirements: Inspected and Admitted or Inspected and Paroled. 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. This field is for validation purposes and should be left unchanged. 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. For many foreign-born persons, the most sought after U.S. immigration benefit is permanent resident status (a green card). 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. 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. Not only will a lawyer add a big expense, but they will also delay the process and potentially screw you . Telephone: (973) 642-1111 The LegalMatch online library contains legal insights to … 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 … Use our Filing Calculator to determine your 90-day filing date. Congratulations, your green card through marriage has been approved! ... those seeking legal advice and need legal firm for being their representative in legal process. The card remains valid for 10 years and may be renewed through a simple process without the requirement to prove the authenticity of their marriage again. 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. Desktop License Agreement / The Green Card Marriage Interview – How To Make It Less Stressful? If you share our vision and want to contribute to the community, drop us a line! It takes lawyers years just to become comfortable with the ins and outs of various types of visas, green cards, and other benefits. 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. 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. 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. If I need any help regarding immigration, I will 100% come back to Michael. 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. Call us anytime at 973.642.1111 or email us using the form below. Exceptional Service Has Earned Us Exceptional Recognition. I have tons of questions about applying for my green card through marriage. The first step in effectively challenging a marriage green card decision is to figure out why your case was denied. Does the applicant have a previously denied immigration application? Do I need a lawyer to file a green card by marriage? Green Cards, Marriage and Taxes. The US immigration process is complex and can be intimidating for the newcomer or visitor to the US. No. 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. To learn how we can help you apply for a green card through marriage, fill out our Immigration Consultation form. 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. Any other questions you would like me to address in the guide? Again, it’s best to explore all of your options before beginning the application process. Our aim is to make the immigration process as smooth as possible. First, the marriage green card interview process takes place at your local United States Citizenship and Immigration Services (“USCIS”) office. Prepare your application with GreenCardHero’s, Read our Definitive Guide to Marriage Green Card Application to get an overall understanding. The most common pitfalls, as explained in Green Cards Through Marriage: Eight Mistakes To Avoid, include: The marriage is not bona fide Sept 30, 2020 Update. AND marrying a US citizen does not automatically guarantee that you will even get a green card. Below I will show you how to find the right strategy for your particular case: There are three different strategies for preparing your Green Card application, based on your case’s complexity level. Is there any other tricky issue you can think of? Facsimile: (973) 642-0022, Hours of Operation Green Card Through Marriage. 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. Green Card Through Marriage. Note that this temporary injunction could end at anytime, as USCIS appeals this court decision. 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). View our resource list | Try our software. Neither can your lawyer. 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 … Note that this temporary injunction could end at anytime, as USCIS appeals this court … 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. 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. See more. 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. Now with a clear game plan in mind, go ahead and start your green card journey! 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. He is very communicative and takes excellent care of his clients! 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. Your attorney, for instance, will be able to give you advice about filing Forms I-130 and I-485 for an Adjustment of Status. Having an experienced immigration attorney at your side can help prepare you for the interview ahead and relieve your worries and stress. Certified specialist in Visa, H1B, immigration & visa law. Our kit features step by step instructions, fillable & editable USCIS forms, and sample completed forms. Strategy 1: Do it yourself without a lawyer. 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. Requirements for green card marriage visa may include Form I-130, Form I-485, Form G-325A, and a filing fee. Take this quiz to find out: For a clean and simple marriage Green Card application, you do not really need a lawyer; DIY is a perfectly valid option. Does the applicant have any immigration violation? 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. I'm an international student (Out of status now because of skipping this fall semester)..I'm about to marry my girlfriend and we both love each other a lot..But the thing is I'm a bit tight in money right now and I'm a bit scared about this whole process too.. What if I make one minor mistake and the whole thing goes down? What pictures (how many), etc. 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. 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. Hablamos espanol y … Just download the application and hand it in. 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. Let me know by leaving a comment below right now. You will need to provide only two total sets. 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. The answer depends on how complicated your case is. Up until now, it was commonplace for Immigration and Customs Enforcement to issue NTAs. 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. 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. The couple must submit a form I-751 joint petition during the 90-day period prior before the expiration of the green card. 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. 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. You can fill out the application by yourself, and have a quick review with a lawyer before you submit. 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. You will bring your marriage green card interview notice with you, along with all the other documents requested on the notice. Immigrant visas. All Other Green Card Eligibility Requirements Apply. Don’t take on your immigration case alone. 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.. 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.) You will likely need your lawyer to advise you on the best way to go about this. The 2-year conditional green card confers the same rights and responsibilities as a 10-year 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. 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 … Many sites make green card applications seem simple: like a filling out a simple stack of papers and just going to an immigration office. Who Qualifies for a Green Card Based on Marriage. So during a limited period of time starting from now, USCIS will only charge the lower old fees! We are a community of former applicants who successfully went through the hair-pulling, eyeball-popping green card application process ourselves. You need the guidance of an immigration lawyer to make a strong case for your application. One of the most common ways an immigrant will get a green card is through marriage to a U.S. citizen or permanent resident. How do I apply for the green card through marriage if I don't have money to pay the attorney? Green card marriage laws are strict and require numerous legal documents and forms; any mistakes can result in permanent consequences. Approximately one year after you submit your application, you and your spouse will need to appear for a green card marriage interview with … You want success, don’t you? Abogado por ciudadania Americana en los estados unidos. 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? Applies, use strategy 1 action is best for you and your spouse up until now USCIS... The most common ways an immigrant will get a green card through marriage if I need a lawyer before submit. 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