Certified specialist in Visa, H1B, immigration & visa law. It's not as simple as switching from one spouse to the next. 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. How do I apply for the green card through marriage if I don't have money to pay the attorney? You will need to provide only two total sets. 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. The same steps as Strategy 1. United States Immigration Naturalization legal advice for marriage based visas through Curtis Pierce attorney Los Angeles California. Green Card Through Marriage When Both Spouses Live in the United States and One Is a U.S. Citizen. © 2021 Harlan York & Associates – Immigration Attorneys. The process for obtaining a green card through marriage varies depending on whether your spouse is currently residing in the United States. For a clean and simple marriage Green Card application, you do not really need a lawyer; DIY is a perfectly valid option. Let me know by leaving a comment below right now. 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 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. 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. The very most valuable service an immigration lawyer can offer isn’t helping you along your journey (though that’s important, too). Citizenship and Immigration Services (USCIS), which is part of the U.S. Department of Homeland Security.. Site by Nelson Design Collective. 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. 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). Immigrant visas. 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. Let’s just use one common example that we encounter. 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. The most important thing is to get you heading down the right road! Congratulations, your green card through marriage has been approved! Benefits of a Green Card Not only will a lawyer add a big expense, but they will also delay the process and potentially screw you . See more. 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. A legal marriage is one that is officially recognized by the government in the country or state where you were married. 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 you are going through any immigration process, you should expect immigration judges and officers to scrutinize your tax returns. There you have it! Strategy 1 – Do it yourself without a lawyer: Your case is simple and straightforward. 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). 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). Just download the application and hand it in. Sept 30, 2020 Update. 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. 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. 9:00am – 5:00pm / Monday – Friday, © 2021 Harlan York & Associates – Immigration Attorneys If none of the above applies, use strategy 1. 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. Just download the application and … Look, it’s your life, you can do what you want. Our aim is to make the immigration process as smooth as possible. Call (216)292-6655 MARRIAGE GREEN CARD – RELATED PAGES No. You may want to consult an attorney. Any other questions you would like me to address in the guide? Neither can your lawyer. Is there any other tricky issue you can think of? We have a son together and I'm here in USA for 2 years. 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 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. Now with a clear game plan in mind, go ahead and start your green card journey! Don’t take on your immigration case alone. I wanna apply for green card through marriage with a permanent resident. Desktop License Agreement / But do NOT be fooled. The applicant will need public assistance such as welfare 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. Strategy 2 – DIY with lawyer review: Your case is simple but there are a couple issues you are not quite sure about. 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. 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. The US immigration process is complex and can be intimidating for the newcomer or visitor to the US. The first step in effectively challenging a marriage green card decision is to figure out why your case was denied. A legal marriage is one that is officially recognized by the government in the country or state where you were married. You need the guidance of an immigration lawyer to make a strong case for your application. Prepare your application with GreenCardHero’s, Read our Definitive Guide to Marriage Green Card Application to get an overall understanding. 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. 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. For many foreign-born persons, the most sought after U.S. immigration benefit is permanent resident status (a green card). 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. 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. Work with an immigration lawyer to prepare your case (fees vary). 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. MEET BY ZOOM NO OFFICE VISIT NEEDED. 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. Immigration law is a constantly changing legal field. 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. 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. Should I hire a lawyer to help get a green card through marriage? There is no denying the significance of this undertaking on your family, so do yourself a favor and get the help of a specialist. Where do i start? Green card marriage laws are strict and require numerous legal documents and forms; any mistakes can result in permanent consequences. And you have to add supplements to the basic green card application form. Our aim is to make the immigration process as smooth as possible. Sept 30, 2020 Update. Does the applicant have a previously denied immigration application? Concord Green Card Lawyer can help with all types of Green Cards including family green cards and marriage green cards. Our kit features step by step instructions, fillable & editable USCIS forms, and sample completed forms. 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). The LegalMatch online library contains legal insights to help you win your case and recover losses. 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. Immigration lawyer Harlan York provides this blog so you can stay up to date on how legal trends affect immigration law cases. Green Cards, Marriage and Taxes. Applying for a Green Card can be a long and daunting challenge for many immigrants. Customary divorce is … Once you know which strategy to use, the application process becomes much easier! You want success, don’t you? He is very communicative and takes excellent care of his clients! 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. Privacy Policy. Exceptional Service Has Earned Us Exceptional Recognition. Below I will show you how to find the right strategy for your particular case: Three Application Strategies 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. He was honored as First Ever Immigration Lawyer of The Year in NJ by Best Lawyers. marrying a US citizen does not automatically guarantee that you will even get a green card. 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. Get your green card through marriage to the U.S. citizen with the help of an experience immigration attorney or do it yourself. 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. 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. You can find out through this simple three-step checklist below. It is important to include the right documentation and complete the forms accurately. 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. A non-citizen may have a green card marriage arrangement with a U.S. citizen to obtain a green card. Getting a Green Card through marriage by Consular Processing. 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. Green Card Through Marriage. Green Card Through Marriage: Cost You will bring your marriage green card interview notice with you, along with all the other documents requested on the notice. 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). 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. 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. To qualify for a marriage-based visa or green card, you must be legally married. You can take the stress and anxiety out of the situation through careful preparation. 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. The Green Card Marriage Interview – How To Make It Less Stressful? What docs do I need to fill in? I am getting married this week. We are a community of former applicants who successfully went through the hair-pulling, eyeball-popping green card application process ourselves. 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. If you share our vision and want to contribute to the community, drop us a line! The answer is – this is too important to fool around with. 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