Immigration through a marriage green card is one of the easiest methods to gain lawful permanent residency in the United States. Every day, citizens and lawful permanent residents of the U.S. fall in love with foreign nationals. If you’re a U.S. citizen or green card holder, you have the right to petition for your spouse’s green card.
With that said, you should never petition for a marriage-based visa or a marriage green card without the expertise of a marriage immigration lawyer.
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Natalia Darancou was born and raised in El Paso, Texas to Mexican-American parents and is a native Spanish speaker.
Member of the New York State Bar, Texas State Bar, and a member of the American Immigration Lawyers Association (AILA).
Firstly, it should be noted that marriages in which two people get married purely for the sake of acquiring a green card are not legal. Immigration officials scan through all marriage green card petitions for signs of any fraudulent intent.
Believe it or not, immigration officials don’t have to prove fraudulent intent to deny a visa. The responsibility to prove a marriage’s legitimacy lies on the couple’s shoulders. Thus, it’s vitally important to have a marriage immigration lawyer to file your petition for a marriage green card.
Marriage-based visas are the only family-based immigration petitions that grant a conditional green card. This means that they’re only valid for two years, after which, you have 90 days to petition USCIS to remove the conditions of the marriage green card.
Our marriage immigration lawyers can guide you through the process to prove that your marriage isn’t a fraudulent “green card marriage.” We also understand that you’ll want to understand the process before booking a consultation. This guide on green card marriage-based immigration will explain everything you need to know to get started.
Your foreign national spouse can’t get a marriage green card without you sponsoring their immigrant visa petition. To be eligible to sponsor any immigrant visa petition, you must be a U.S. citizen or green card holder.
To petition for a marriage-based immigrant visa, you must:
Your partner must apply for their actual green card based on this petition. They’ll apply through either consular processing or with a status adjustment after the immigrant visa becomes available to them.
Your marriage visa lawyer won’t just assist you in filing the petition but also any additional forms, applicable waivers, and supporting documentation. You can help them by having quick access to the following:
If either of you were previously married, all evidence proving that any previous marriages were ended legally. Your marriage immigration lawyer will make sure that you have the necessary evidence and documentation. Remember to be truthful with your attorney so that they can file additional waivers if needed.
Your marriage green card timeline could take several months to a few years. A marriage green card timeline depends on many factors, ranging from departmental backlog to individual circumstances.
If you’re a U.S. citizen, your spouse will be eligible for an “Immediate Relative” visa. Immediate Relative visas are immediately available with no annual cap, so your partner’s wait for a marriage green card will be reduced significantly. If your spouse is living in the U.S., your marriage visa lawyer can also file your spouse’s green card application with your petition.
If you’re a lawful permanent resident, your spouse is only eligible for a “Family Preference” visa. Unfortunately, there’s a limit to how many Family Preference visas that are available every year, so your spouse may be waiting for a few years. If you’re an LPR, your green card lawyer can’t file your spouse’s green card application until after USCIS approves your visa petition.
To avoid delays and denials, make sure you choose an immigration attorney with proven experience handling marriage-based immigrant visa petitions and green card applications. Natalia Darancou Law has extensive experience helping couples start their lives together, so contact us today for a free consultation.
The Natalia Darancou Law Firm provides removal defense, family-based, & humanitarian visas, including but not limited to VAWA, u-visa, adjustment of status, consular processing, residency, asylum, and complex crimmigration cases.