Marriage Green Card

According to Forbes, obtaining a marriage-based green card is one of the most common ways to obtain permanent residence in the United States. However, the process of applying for a marriage-based green card may sometimes be complicated. Applicants have to go through a long and stressful application process before being awarded a marriage green card. That’s why you need an experienced marriage green card lawyer like Serah Waweru. 

Why You Need an Immigration Lawyer for Marriage Green Card

Do I need a lawyer for green card through marriage? This is a question many people applying for a marriage-based green card do ask themselves. Even though you’re not required to have a lawyer to prepare a solid application, hiring a qualified immigration attorney can save you a lot of time, effort, and frustrations.

A qualified lawyer like Serah Waweru and her team can help you make smart decisions about your case, prepare the required paperwork, and follow-up communications with the embassy. So if you were planning on filing for a green card through marriage without a lawyer, then it’s best to rethink your decision. 

What Is a Marriage-Based Green Card? 

A marriage green card is an immigrant visa that allows a foreign citizen married to a US citizen to live and work in the US permanently. The application for a marriage green card is often the first step towards obtaining US citizenship.

The United States Citizenship and Immigration Services (USCIS) reviews and approves marriage green card applications.

Marriage green cards usually last for a set period and have to be renewed before expiration.

Types of Marriage Green Cards

There are two types of marriage green cards:

IR1 Green Card

This type of green card lasts for ten years and is eligible for couples who’ve been married for more than two years.

CR1 Green Card

This type of green card is also called the conditional green card. If your marriage has lasted for less than two years, you’ll receive the CR1 green card if the application is successful. The green card lasts for two years, and you must renew it to be eligible to receive the 10-year green card.

Marriage Green Card Eligibility Requirements

Here are the USCIS requirements you need to meet before applying for a marriage green card:

• The marriage should be legal or officially recognized in the country it occurred;
• Your spouse should be a US citizen or lawful permanent resident; 
• Neither of you should be in another binding marriage obligations. 

How To Apply for a Marriage Green Card

Below are the steps to apply for a marriage green card:

Submit Form I-130, Petition for Alien Relative

The spouse who holds a green card or a US citizen has to fill this form as a sponsor or petitioner. Form I-130 refers to the foreign spouse as the applicant or beneficiary in the document.

Form I-130 Document Requirements 

Some of the documents you may need to complete Form I-130 include:

• Proof that the sponsor or petitioner is a US citizen. This can be a copy of their birth certificate, passport, or a copy of their green card.
• Proof that the marriage is legitimate. This can be a copy of the marriage certificate.
• Proof that the marriage is valid and not a scam. This can be through a joint lease, joint bank account statement, or photos of the wedding.
• If any party was in a previous binding marital obligation, they need to prove that all previous marriages were legally terminated. This can be done by providing a copy of divorce documentation or a death certificate.

After filing Form I-130, you’ll need to mail it to the appropriate USCIS address and keep a copy to yourself. The USCIS may send a response of acknowledgment a few weeks after you send the mail.

If you provide all the documentation needed by USCIS, it’ll take between 7-15 months to make a decision. Then, if the petition is approved, you’ll receive a notice notifying you of the same.

Apply for a Marriage Green Card

The application process for a marriage green card depends on whether the foreign-citizen spouse is abroad or in the US when submitting the application. 

If the Spouse Lives in the US.

They’ll need to complete Form I-485, Adjustment of Status form, and file it with the USCIS.

If the Spouse Lives Abroad

They’ll need to file an application package with the National Visa Center (NVC). The application usually takes about 3-5 months to process. Then, the NVC will decide whether to interview the spouse applying for a green card or not.

Suppose you’ve provided the necessary documentation and forms, and the NVC accepts your application. In that case, the NVC will schedule an interview at the consulate or embassy in the country where the foreign-citizen spouse resides. This process is known as consular processing and determines your basis of immigration.

The Green Card Interview

This is the final step of getting a green card through marriage. The main aim of the interview is to determine whether the marriage is legitimate.

The location and time of the interview depend on the spouse’s primary location when applying for the green card. 

If the foreign-citizen spouse lives in the US, they’ll attend the interview at the nearest USCIS office. On the other hand, if they live outside the US, they’ll attend the interview at the closest consulate or US embassy.

How To Get a Green Card in USA Without Marriage

Other ways of getting a green card in the US include:

• investing in the United States; 
• Inter-corporate transfer;
• Diversity immigrant visa program;
• Employment-based immigration.

Marriage Green Card Timeline 2022

A marriage-based green card timeline depends on whether the foreign-citizen spouse lives abroad or in the US. If the spouse lives in the US, processing the green card may take about 7-10 months. On the other hand, if the foreign-citizen spouse lives abroad, it may take up to 39 months to process the green card.

How Much Does Hiring a Marriage Green Card Lawyer Cost?

Immigration lawyer green card cost varies from one law firm to another. Therefore, it is important to discuss the required immigration fees for green card through marriage during the first consultation with your immigration attorney.

How To Find Someone To Marry for a Green Card?

Marrying to acquire a green card is considered fraud by the USCIS. For this reason, you’re only encouraged to apply for a green card if you have a genuine relationship with your spouse. In addition, applying for a green card under fraudulent reasons comes with serious consequences, including deportation and the possibility of being barred from entering the United States. 

Do I Need a Lawyer To Apply for a Green Card Through Marriage?

Even though an attorney isn’t required to apply for an immigrant visa, it’s always advisable to hire a highly-skilled attorney like Serah Waweru to help you with the application. 

If you submit such a complicated application without an immigration lawyer for green card present, a simple mistake could delay the application process. This means spending more months or even years away from your loved one, depending on the government backlog. 

Contact The Law Office of Serah Waweru

The Law Office of Serah Waweru is the law firm to contact when you need an experienced marriage green card lawyer. Our office is open Monday through Friday 9 AM to 5 PM, to help you with your marriage green card application.