Green Card - Marriage

Schedule Your Consultation
Green Card – Marriage

Quickly & Successfully Obtain a Green Card Through Marriage…

  • Efficiency & Success: We ensure that your green card marriage application is processed efficiently and successfully
  • Service and Fees: We provide you with the highest level of service at an affordable FLAT rate
  • Turnaround Time: Your green card marriage application can be submitted to USCIS as soon as you turn around all your paperwork to us.

What You Need to Know About the Green Card Marriage Process…

One of the most common paths to a green card in the United States is through the green card marriage process, but it is not without risks.

Even if you have overstayed a visa, worked unlawfully in the United States, or accrued unlawful presence, you may still be able to apply for a green card through marriage to a United States citizen.

As there is an element of risk in all cases, we thoroughly review and prepare all cases to ensure full compliance with the law and a QUICK and SUCCESSFUL outcome.

An essential aspect of the process is the review and preparation of the application and supporting documents in order to ensure legal compliance and a successful outcome.

  • A green card marriage application prepared properly by an experienced and trustworthy immigration lawyer can not only decrease your wait for a green card, but it can also be crucial in avoiding costly delays and/or denials.
  • A green card marriage application that is denied or filed incorrectly can result in very serious consequences, such as being put in removal (deportation) proceedings by an immigration judge.

It is strongly recommended that you work with an experienced and trustworthy immigration lawyer before moving forward on your green card marriage application. Put Lightman Law Firm to work for you.

How We Can Help with Your Green Card Application

We work with couples across the United States and the world on the green card marriage process. While some clients prefer to come to our office, the entire process can be efficiently handled over the phone and through email as well.

Lightman Law Firm’s experience with this process benefits you in several ways. We:

  • Analyze potential scenarios and clarify options
  • Advise and provide assistance with collecting required documentation & information
  • Ensure all aspects of the case are legally compliant
  • Complete all required forms, compile all the necessary items for the application, and submit everything to USCIS
  • Serve as your legal representative and communicate with USCIS throughout the entire process
  • Monitor the entire green card application process to ensure efficiency and smoothness in processing
  • Thoroughly prepare you and your spouse for the green card marriage interview
  • Attend the marriage green card interview with you and your spouse at your request
  • Provide post-approval legal advice and guidance

Lightman Law Firm encourages open communication, and we

  • Make sure your case is processed to ensure QUICK APPROVAL and SUCCESS
  • Provide the highest level of legal services at an affordable FLAT rate
  • Submit green card marriage applications in as little as 24 hours when possible

Take Advantage of Our Evaluation

We’ll explain the marriage green card process and time frame, and outline exactly what you need to prepare… and what you can expect.


More Helpful Information on the Green Card Marriage Process

Green Card Marriage & Adjustment of Status
You can apply for a green card marriage through the adjustment of status process if you are inside the United States and entered legally and you are otherwise “admissible”. Some individuals are not “admissible”. For example, those that entered unlawfully/illegally are inadmissible as are those who entered the country as a C1/D Crewman. There are other circumstances that may make you inadmissible, such as being convicted of certain crimes or engaging in fraud or misrepresentation. It’s important that you fully discuss your case and background WITH YOUR ATTORNEY.

Spousal Petition & Adjustment of Status
When navigating the green card through marriage process in the US, the first part of the process is for the United States citizen spouse to submit an Immigrant Relative Petition on behalf of his/her foreign national spouse. The petition is used to confirm that the United States spouse would like to sponsor his/her foreign spouse for a green card and to establish the family relationship between the petitioner (US spouse for purposes of this discussion) and the beneficiary (foreign national spouse for purposes of this discussion).

The second part of the green card marriage process is for the foreign spouse to submit an Application to Adjust Status in the United States from a nonimmigrant status to immigrant status. This application is used to show that the foreign spouse is eligible to adjust his/her status in the United States.

If the foreign spouse is in the United States and is “admissible”, then it usually makes the most sense to submit the Immigrant Relative Petition and the Application to Adjust Status simultaneously.

Green Card Marriage Affidavit of Support
The green card affidavit of support is an essential aspect of the green card marriage application. The green card marriage application will not be approved without meeting the affidavit of support requirements.

The United States spouse must complete an affidavit of support. The United States spouse will need to meet certain income requirements or use a combination of income and assets to meet requirements. If the United States spouse does not meet income and/or asset requirements on their own, then a joint sponsor will be necessary. A joint sponsor can be any United States citizen or lawful permanent resident (green card holder) 18 years old or older. The joint sponsor does need not be related to either the United States citizen spouse or the foreign national spouse. In some scenarios, the United States spouse can possibly use the income and/or assets of the foreign spouse thereby avoiding the need for a joint sponsor.

The affidavit of support is a document that helps the US government assess whether the foreign spouse will likely become a “public charge” (receipt of certain Federal, state, or local means-tested public benefits). The affidavit of support is a contract between the US government and the United States spouse and any joint sponsors or co-sponsors. The contract provides that if your foreign spouse receives specific means-tested public benefits, the US government can request reimbursement from the United States spouse and any joint sponsors. The contract also provides that the United States spouse and any joint sponsors are responsible to maintain the foreign national at an income of at least 125% of the Federal Poverty Guidelines.

How long does the Affidavit of Support bind the person who signs it?
The affidavit of support is a long-term commitment. It is a legal contract that can be enforced by the government for any means-tested public benefits obtained by the sponsored foreign national. The affidavit of support contract ends when the foreign individual either becomes a citizen of the United States or earns 40 working quarters. Of course, the contract also ends if the foreign individual were to lose or give up his/her status as a permanent resident.

Work Authorization
You can apply for work authorization and a social security number (if you do not already have this) as part of the green card marriage application. Work authorization will allow the foreign national to legally work in the US while waiting for the green card. Of course, if you are in the United States in a status that already legally authorizes you to work, then the work authorization card may not be as important.

Work authorization processing times have fluctuated from 2-6 months to approximately 11 months. Once the application is approved, you will receive a physical card, the Employment Authorization Document (EAD). If you apply for a social security number, you will also receive a social security card.

The filing fee for work authorization when it is filed as part of the green card marriage application is $260.

Advance Parole
Unless you are in the H-1B visa or L-1 visa statuses and you have a valid visa for these statuses in your passport, you cannot travel outside of the United States after submitting a green card application until you receive advance parole.

If you travel outside of the United States while your green card application is pending before receiving advance parole, you will be deemed to have abandoned your green card application and it will be denied, unless, as mentioned, you are in H-1B or L-1 status.

Advance parole will allow you to depart the US and seek re-entry into the US. Advance parole can be applied for as part of the green card marriage process. Processing times have fluctuated from 6 months to approximately 12 months. Once the application is approved, you will receive an advance parole document. You cannot travel internationally until you are in possession of this document.

Furthermore, you should be aware that if you do use advance parole to re-enter the United States after a trip abroad, you will be treated as an “arriving alien”. This can be problematic if you have any issues with your application as “arriving aliens” have fewer rights and recourse than other individuals.

The filing fee for advance parole when it is filed as part of the green card marriage application is $630.

Marriage Green Card filing fees
The total filing fees for a green card through marriage application are $2,115. This is comprised of $675 for the Immigrant Relative Petition and $1,440 for the Adjustment of Status Application.

As explained above there are additional optional fees for the work authorization and advance parole applications.

The Green Card Marriage Interview
As a result of rumors heard from others, stories read online, or just a general fear of meeting with government officials, the green card marriage interview is dreaded by many. Almost every couple who has submitted a marriage green card application will have an interview at the end of the process. The USCIS has the option to waive the interview, but which applications are waived is generally arbitrary.

In order to ensure that you are well-prepared for the green card interview and that you have gathered all necessary documentation, it is essential to work closely with your immigration lawyer.

For more info on the process, please see the following page on our website devoted exclusively to the Green Card Marriage process: Green Card Interview.

Conditional permanent residency
You will receive a conditional green card valid for a 2-year period if at the time of your approval you have been married for less than 2 years.

You will be required to submit an application to remove the conditions of the green card and convert it into a 10-year green card within 90 days of the 2-year anniversary date.

The purpose of the conditional green card is that it gives USCIS an opportunity to re-evaluate the marriage to ensure that it was not entered into to circumvent immigration laws. It is very important to discuss your case with your immigration lawyer prior to applying to remove the conditions of your green card, as certain factors can complicate your case.

If you have been married for 2 or more years at the time of your approval for a green card when applying through marriage, you will receive a 10-year green card upon approval.

Conclusion

It is important that you fully understand your situation and the requirements of your case, as each case is different. You will have to submit numerous documents and detailed information about you and your spouse.

The preparation of all applications and documents in an accurate, organized, and legally compliant manner is extremely important to the success of your case and can help avoid delays and potential denials. Contact us today so we can get started.

Our Immigration Insight

 
Everything You Need To Know About H-1B Filing Fees
Read More >>
 
EB-5 Green Card: Invest in the American Dream
Read More >>
 
USCIS Extending Green Card Validity for Conditional Permanent Residents With Pending Form I-751
Read More >>