Green Card Through Marriage. 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. In either scenario, upon receipt of a green card, your spouse can indulge in many new opportunities that become available to them as a legal permanent resident. 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. It is important to include the right documentation and complete the forms accurately. Congratulations, your green card through marriage has been approved! 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. Citizenship and Immigration Services (USCIS), which is part of the U.S. Department of Homeland Security.. Strategy 1 – Do it yourself without a lawyer: Your case is simple and straightforward. You want success, don’t you? How do I apply for the green card through marriage if I don't have money to pay the attorney? A legal marriage is one that is officially recognized by the government in the country or state where you were married. 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. 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. Is there any other tricky issue you can think of? Work with an immigration lawyer to prepare your case (fees vary). But the new policy places this role on USCIS, to serve NTAs when virtually any immigration application is denied. 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 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. Note that this temporary injunction could end at anytime, as USCIS appeals this court … 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. We can only provide self-help services at your specific direction and do not have special knowledge of immigration law and procedure. 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. Our kit features step by step instructions, fillable & editable USCIS forms, and sample completed forms. 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 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. Get your green card through marriage to the U.S. citizen with the help of an experience immigration attorney or do it yourself. 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. If a US Citizen petitions for a spouse while the spouse is in the United States, they apply for adjustment of status with the … You want someone with you to prepare the forms carefully. 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. 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. Just download the application and … One of the most common ways an immigrant will get a green card is through marriage to a U.S. citizen or permanent resident. I-751 – Petition to Remove the Conditions of Residence Immigration Attorney Harlan York is Former Chair, Immigration Section, NJ State Bar Association and Former Co-Chair, NY State Bar Association CFLS Immigration Committee. Our aim is to make the immigration process as smooth as possible. Green Card Through Marriage When Both Spouses Live in the United States and One Is a U.S. Citizen. Let’s just use one common example that we encounter. Sept 30, 2020 Update. Where do i start? 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.) If you are going through any immigration process, you should expect immigration judges and officers to scrutinize your tax returns. Green Cards, Marriage and Taxes. 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 … 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. 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. The US immigration process is complex and can be intimidating for the newcomer or visitor to the US. That is not a good idea. For many foreign-born persons, the most sought after U.S. immigration benefit is permanent resident status (a green card). 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. 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). This is the eternal question swirling in most new marriage Green Card applicants’ mind. 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 … *If you are submitting (or have already submitted) a set of two passport-style photos for your green card application and an additional set for your travel permit application, you do not need to submit a third set for your work permit application. Our aim is to make the immigration process as smooth as possible. 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? To qualify for a marriage-based visa or green card, you must be legally married. Exceptional Service Has Earned Us Exceptional Recognition. 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. If I need any help regarding immigration, I will 100% come back to Michael. Who Qualifies for a Green Card Based on Marriage. marrying a US citizen does not automatically guarantee that you will even get a green card. First, the marriage green card interview process takes place at your local United States Citizenship and Immigration Services (“USCIS”) office. 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). For many foreign-born persons, the most sought after U.S. immigration benefit is permanent resident status (a green card). ... 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 … Green Card Through Marriage. 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. Use our Filing Calculator to determine your 90-day filing date. Will the applicant need public assistance such as welfare in the U.S.? On the other hand, the more complicated your case is, the more hiring an immigration attorney becomes a good option. The process for obtaining a green card through marriage varies depending on whether your spouse is currently residing in the United States. Once the basis for the USCIS decision is known, options to appeal the outcome can be identified. 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. 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 LegalMatch online library contains legal insights to help you win your case and recover losses. I am getting married this week. Should I hire a lawyer to help get a green card through marriage? 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. 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 “Legal Requirements for a Marriage-Based Visa or Green Card”). I wanna apply for green card through marriage with a permanent resident. Does the applicant have any past criminal offenses? Next, make sure to plan to get there around 15 minutes early, that way you give yourself enough time to get … The Green Card Marriage Interview – How To Make It Less Stressful? 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. United States Immigration Naturalization legal advice for marriage based visas through Curtis Pierce attorney Los Angeles California. So during a limited period of time starting from now, USCIS will only charge the lower old fees! Again, it’s best to explore all of your options before beginning the application process. 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. Your attorney, for instance, will be able to give you advice about filing Forms I-130 and I-485 for an Adjustment of Status. Hablamos espanol y … 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. 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. read more. An NTA is the document that Immigration authorities use to initiate removal (deportation) cases. 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. 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. 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. View our resource list | Try our software. Do I need a lawyer to file a green card by marriage? We are a community of former applicants who successfully went through the hair-pulling, eyeball-popping green card application process ourselves. Customary divorce is … Immigration law requires USCIS to take additional steps in green card marriages to ensure that the marriage was entered in good faith. Requirements for green card marriage visa may include Form I-130, Form I-485, Form G-325A, and a filing fee. The most common pitfalls, as explained in Green Cards Through Marriage: Eight Mistakes To Avoid, include: The marriage is not bona fide Immigrant visas. If none of the above applies, use strategy 1. 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. MARRIAGE GREEN CARD – RELATED PAGES Telephone: (973) 642-1111 You may want to consult an attorney. NTAs demand that immigrants must appear before the US Immigration Court. Sept 30, 2020 Update. The answer is – this is too important to fool around with. Many sites make green card applications seem simple: like a filling out a simple stack of papers and just going to an immigration office. This is, however, not automatic after marriage and a formal application process must still be followed. To qualify for a marriage-based visa or green card, you must be legally married. 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. 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. If your spouse is a permanent resident or a United States citizen, your spouse will need to file an I … The only difference is: Before submitting your completed application, work with an immigration attorney for a thorough review (usually under $300). A legal marriage is one that is officially recognized by the government in the country or state where you were married. 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. Call (216)292-6655 Instagram: @samone_fLink to 2d video about interview: https://youtu.be/UcBDBFIryloHey guys! 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). You also can contact the USCIS National Customer Service Center at 1-800-375-5283 if you are unsure about the forms. The applicant will need public assistance such as welfare in the U.S. Green Card Through Marriage: Cost People always ask me, “Do I need a lawyer to get a green card through marriage?”. On the other hand, the more complicated your case is, the more hiring an immigration attorney becomes a good option. All Other Green Card Eligibility Requirements Apply. At your green card through marriage interview, your U.S. spouse cannot interpret for you. That’s why we created the apps, tools, and guides at GreenCardHero. Strategy 1: Do it yourself without a lawyer. 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. 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. Having an experienced immigration attorney at your side can help prepare you for the interview ahead and relieve your worries and stress. When I need help with something that isn’t involving immigration law, I’m not going to try to do it myself. 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. Do I Need an Immigration Lawyer for Marriage-Based Green Cards? Website Terms of Use / The expiration date on your Green Card is also the date of your second anniversary as a conditional permanent resident. You need the guidance of an immigration lawyer to make a strong case for your application. 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. 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. Do not just bring a relative or friend who speaks both languages. But do NOT be fooled. 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. Are you applying by yourself or hiring a lawyer? I have tons of questions about applying for my green card through marriage. 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 lawyer Harlan York provides this blog so you can stay up to date on how legal trends affect immigration law cases. The same steps as Strategy 1. The very most valuable service an immigration lawyer can offer isn’t helping you along your journey (though that’s important, too). Abogado por ciudadania Americana en los estados unidos. Desktop License Agreement / You will bring your marriage green card interview notice with you, along with all the other documents requested on the notice. Concord Green Card Lawyer can help with all types of Green Cards including family green cards and marriage green cards. As an immigration lawyer in Boston, I know next to nothing about accounting and tax law. In those scenarios, the spouse may also need to sign a household member sponsorship form. 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). 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. Facsimile: (973) 642-0022, Hours of Operation You can take the stress and anxiety out of the situation through careful preparation. 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 … 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. 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. Prepare your application with GreenCardHero’s, Read our Definitive Guide to Marriage Green Card Application to get an overall understanding. 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. Strategy 3 – Hire a lawyer: Your case has major issues that increase your rejection risk or involve complex paperwork. The answer depends on how complicated your case is. Just download the application and hand it in. On a green card obtained through marriage, the conditions can be removed by filing Form I-751, Petition to Remove Conditions on Residence. 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. 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. Look, it’s your life, you can do what you want. You can find out through this simple three-step checklist below. 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. Certified specialist in Visa, H1B, immigration & visa law. AND marrying a US citizen does not automatically guarantee that you will even get a green card. Privacy Policy. Visit the Three Degrees Website and Order Today. This usually means that an official record of your marriage was made or can be obtained from some government office. No. Even the smallest mistake can result in failure. 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 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. MEET BY ZOOM NO OFFICE VISIT NEEDED. Site by Nelson Design Collective. Green card marriage laws are strict and require numerous legal documents and forms; any mistakes can result in permanent consequences. What pictures (how many), etc. 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. One of the most common ways an immigrant will get a green card is through marriage to a U.S. citizen or permanent resident. 9:00am – 5:00pm / Monday – Friday, © 2021 Harlan York & Associates – Immigration Attorneys We have a son together and I'm here in USA for 2 years. See more. Up until now, it was commonplace for Immigration and Customs Enforcement to issue NTAs. This is the primary green card application filed by the foreign national. Does the applicant have a previously denied immigration application? 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. On July 5, 2018, USCIS released guidance about Notices to Appear (NTA). Benefits of a Green Card © 2021 Harlan York & Associates – Immigration Attorneys. 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. Some people get married on paper first (through a registered marriage or court marriage) for visa purposes and then later get married traditionally. 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? He is very communicative and takes excellent care of his clients! Any other questions you would like me to address in the guide? Below I will show you how to find the right strategy for your particular case: Three Application Strategies 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. Now with a clear game plan in mind, go ahead and start your green card journey! To learn how we can help you apply for a green card through marriage, fill out our Immigration Consultation form.  |  There you have it! Getting a Green Card through marriage by Consular Processing. And you have to add supplements to the basic green card application form. It takes lawyers years just to become comfortable with the ins and outs of various types of visas, green cards, and other benefits. Approximately one year after you submit your application, you and your spouse will need to appear for a green card marriage interview with … 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). 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. 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. It's not as simple as switching from one spouse to the next. The LegalMatch online library contains legal insights to … Hire a professional: This important step of financial sponsorship must be met in any marriage-based green card and marriage visa application. Immigration law is a constantly changing legal field. Let me know by leaving a comment below right now. The US immigration process is complex and can be intimidating for the newcomer or visitor to the US. Note that this temporary injunction could end at anytime, as USCIS appeals this court decision. Once you know which strategy to use, the application process becomes much easier! 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. The first step in effectively challenging a marriage green card decision is to figure out why your case was denied. The most important thing is to get you heading down the right road! 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. This usually means that an official record of your marriage was made or can be obtained from some government office. 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 … A non-citizen may have a green card marriage arrangement with a U.S. citizen to obtain a green card. Many sites make green card applications seem simple: like a filling out a simple stack of papers and just going to an immigration office. 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. 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. Call us anytime at 973.642.1111 or email us using the form below. Neither can your lawyer. 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? 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 … 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. 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. 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. ... those seeking legal advice and need legal firm for being their representative in legal process. The 2-year conditional green card confers the same rights and responsibilities as a 10-year green card. 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. 90-Day period prior before the US immigration process is complex and can be intimidating for green. A Form I-751 joint petition during the 90-day period prior before the US along with all the other hand the... S why we created the apps, tools, and guides at.., at a fraction of the Year in NJ by best Lawyers ), which is of! This blog so you can take the stress and anxiety out of the green card application by. Get a green card is through marriage ’ t take on your green card U.S. Department of Security... Marriage interview – how to make it Less Stressful complete the forms carefully along with do i need a lawyer for green card through marriage. 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