So during a limited period of time starting from now, USCIS will only charge the lower old fees! 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. Congratulations, your green card through marriage has been approved! An NTA is the document that Immigration authorities use to initiate removal (deportation) cases. Strategy 3 – Hire a lawyer: Your case has major issues that increase your rejection risk or involve complex paperwork. marrying a US citizen does not automatically guarantee that you will even get a green card. There is no denying the significance of this undertaking on your family, so do yourself a favor and get the help of a specialist. 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. 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. Green Card Through Marriage. 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 … 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. 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that the spouses-to-be are of legal age to get married according to the local rules and that any previous marriages are no longer valid because of divorce, death of spouse, etc. Benefits of a Green Card Below I will show you how to find the right strategy for your particular case: Three Application Strategies Does the applicant have any immigration violation? One of the most common ways an immigrant will get a green card is through marriage to a U.S. citizen or permanent resident. That’s why we created the apps, tools, and guides at GreenCardHero. To qualify for a marriage-based visa or green card, you must be legally married. I wanna apply for green card through marriage with a permanent resident. To learn how we can help you apply for a green card through marriage, fill out our Immigration Consultation form. For many foreign-born persons, the most sought after U.S. immigration benefit is permanent resident status (a green card). Get your green card through marriage to the U.S. citizen with the help of an experience immigration attorney or do it yourself. The 2-year conditional green card confers the same rights and responsibilities as a 10-year green card. Even the smallest mistake can result in failure. Are you applying by yourself or hiring a lawyer? 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. 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. On the other hand, the more complicated your case is, the more hiring an immigration attorney becomes a good option. Let me know by leaving a comment below right now. Does the applicant have a previously denied immigration application? A legal marriage is one that is officially recognized by the government in the country or state where you were married. A non-citizen may have a green card marriage arrangement with a U.S. citizen to obtain a green card. © 2021 Harlan York & Associates – Immigration Attorneys. This is the eternal question swirling in most new marriage Green Card applicants’ mind. Telephone: (973) 642-1111 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.  |  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? 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. Next, make sure to plan to get there around 15 minutes early, that way you give yourself enough time to get … I-751 – Petition to Remove the Conditions of Residence United States Immigration Naturalization legal advice for marriage based visas through Curtis Pierce attorney Los Angeles California. 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. Approximately one year after you submit your application, you and your spouse will need to appear for a green card marriage interview with … Let’s just use one common example that we encounter. Concord Green Card Lawyer can help with all types of Green Cards including family green cards and marriage green cards. But do NOT be fooled. NTAs demand that immigrants must appear before the US Immigration Court. If a US Citizen petitions for a spouse while the spouse is in the United States, they apply for adjustment of status with the … Your attorney, for instance, will be able to give you advice about filing Forms I-130 and I-485 for an Adjustment of Status. Requirements for green card marriage visa may include Form I-130, Form I-485, Form G-325A, and a filing fee. Hablamos espanol y … That is not a good idea. You can find out through this simple three-step checklist below. No. 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). Immigration law requires USCIS to take additional steps in green card marriages to ensure that the marriage was entered in good faith. 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. 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. Sept 30, 2020 Update. Strategy 2 – DIY with lawyer review: Your case is simple but there are a couple issues you are not quite sure about. 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. 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. First, the marriage green card interview process takes place at your local United States Citizenship and Immigration Services (“USCIS”) office. Hire a professional: This important step of financial sponsorship must be met in any marriage-based green card and marriage visa application. Green Card Through Marriage: Cost Who Qualifies for a Green Card Based on Marriage. We have a son together and I'm here in USA for 2 years. 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. Prepare your application with GreenCardHero’s, Read our Definitive Guide to Marriage Green Card Application to get an overall understanding. Many sites make green card applications seem simple: like a filling out a simple stack of papers and just going to an immigration office. Website Terms of Use / Requirements for green card marriage visa may include Form I-130, Form I-485, Form G-325A, and a filing fee. See more. Citizenship and Immigration Services (USCIS), which is part of the U.S. Department of Homeland Security.. 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. International Student and Scholar Services cannot advise or assist anyone with more detailed green card information . Sept 30, 2020 Update. 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 or a loved one needs assistance with obtaining a green card through marriage or any other family-based immigration matter, Yekrangi & Associates can help. All Other Green Card Eligibility Requirements Apply. Exceptional Service Has Earned Us Exceptional Recognition. Green card marriage laws are strict and require numerous legal documents and forms; any mistakes can result in permanent consequences. Desktop License Agreement / Green Card Through Marriage When Both Spouses Live in the United States and One Is a U.S. Citizen. Does the applicant have any past criminal offenses? Work with an immigration lawyer to prepare your case (fees vary). 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. 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. Customary divorce is … 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. View our resource list | Try our software. If I need any help regarding immigration, I will 100% come back to Michael. 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 may want to consult an attorney. 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. Contact an immigration attorney to learn what course of action is best for you and your spouse. While it is possible to download and file a green card application on your own, it can end up costing time, and causing errors that might ultimately affect your chances of getting permanent residency. Neither can your lawyer. Brandon H. 06:07 01 Dec 19. 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. On the other hand, the more complicated your case is, the more hiring an immigration attorney becomes a good option. 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 … 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. Will the applicant need public assistance such as welfare in the U.S.? This usually means that an official record of your marriage was made or can be obtained from some government office. If you are going through any immigration process, you should expect immigration judges and officers to scrutinize your tax returns. 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. I have tons of questions about applying for my green card through marriage. 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. Abogado por ciudadania Americana en los estados unidos. The answer depends on how complicated your case is. 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. ... 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 … It's not as simple as switching from one spouse to the next. Getting a Green Card through marriage by Consular Processing. 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.. The most important thing is to get you heading down the right road! 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. Is there any other tricky issue you can think of? When it comes to immigration law, and in this instance again, green cards regarding marriage with a U.S. citizen; you want someone in the room when the immigration officer is interviewing you about your marriage. 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. Strategy 1: Do it yourself without a lawyer. 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.) Look, it’s your life, you can do what you want. 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). He is very communicative and takes excellent care of his clients! The process for obtaining a green card through marriage varies depending on whether your spouse is currently residing in the United States. 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 … It takes lawyers years just to become comfortable with the ins and outs of various types of visas, green cards, and other benefits. For many foreign-born persons, the most sought after U.S. immigration benefit is permanent resident status (a green card). For a clean and simple marriage Green Card application, you do not really need a lawyer; DIY is a perfectly valid option. 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. 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). A legal marriage is one that is officially recognized by the government in the country or state where you were married. The US immigration process is complex and can be intimidating for the newcomer or visitor to the US. Any other questions you would like me to address in the guide? You need the guidance of an immigration lawyer to make a strong case for your application. When I need help with something that isn’t involving immigration law, I’m not going to try to do it myself. 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. 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. I am getting married this week. This is, however, not automatic after marriage and a formal application process must still be followed. Call (216)292-6655 The US immigration process is complex and can be intimidating for the newcomer or visitor to the US. 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). You will likely need your lawyer to advise you on the best way to go about this. 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 … What docs do I need to fill in? People always ask me, “Do I need a lawyer to get a green card through marriage?”. Not only will a lawyer add a big expense, but they will also delay the process and potentially screw you . You will need to provide only two total sets. Note that this temporary injunction could end at anytime, as USCIS appeals this court … 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. Site by Nelson Design Collective. 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. But I do know a lot about how your tax return may impact your immigration case. There you have it! 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. In those scenarios, the spouse may also need to sign a household member sponsorship form. You also can contact the USCIS National Customer Service Center at 1-800-375-5283 if you are unsure about the forms. This usually means that an official record of your marriage was made or can be obtained from some government office. 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. 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. We can only provide self-help services at your specific direction and do not have special knowledge of immigration law and procedure. 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. Some people get married on paper first (through a registered marriage or court marriage) for visa purposes and then later get married traditionally. First, do I need to file both i864 and i944 - Answered by a verified Immigration Lawyer We use cookies to give you the best possible experience on our website. 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. Applying for a Green Card can be a long and daunting challenge for many immigrants. 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. Call us anytime at 973.642.1111 or email us using the form below. 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. 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