Marriage-Based Green Card Lawyer
If you’re looking for a marriage-based green card attorney, chances are you need clarifications about the whole process of family-based immigration. The fact is that regulations vary depending on the unique circumstances of your case.
We’ve handled hundreds of marriage green card applications and helped people just like you get the immigration benefits you or your loved one need. Whether you’re just starting or are in the middle of your green card application process, our attorneys might be able to help. To get started, please contact us today about your case.
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You can apply for a Green Card right after getting married to your partner. One of the most important parts of this process is to ensure that your marriage is legally recognized by US immigration laws. Once you have your marriage certificate, your journey towards applying for a Green Card begins.
Note though that soon after marriage, you can only apply for a Conditional Green Card. This type of green card is usually meant for eligible individuals whose marriages have not met the two-year mark. After two years of marriage, the conditional resident status may be changed to permanent status.
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The U.S. citizen or lawful permanent resident must file the petition since they need to meet specific eligibility criteria established by US immigration laws. This includes providing the legality of the marriage, financial stability, and other requirements.
Additionally, the foreign spouse must also meet certain eligibility criteria such as passing a medical examination and a background check. This collaborative process ensures that both parties are actively involved and meet the necessary standards for Green Card application.
Marriage-Based Green Card Requirements
The requirements vary slightly depending on whether the spouse is a U.S. citizen or a lawful permanent resident. Typical requirements include:
Minimum Income Requirement – the U.S. spouse, also known as the sponsor, needs an income of at least 125% of the Federal poverty level and must sign an Affidavit of Support. If the U.S. spouse cannot meet this requirement, then a joint sponsor is acceptable.
No Legal Impediment – there must be proof showing that all prior marriages have been terminated and submission of a divorce decree, if applicable.
Joint Documentation – this is any document showing proof of the relationship such as pictures of you and your spouse during the wedding, parties, or any event where you are together as a couple. Other evidence that can be submitted includes a joint bank account, joint health insurance policy, joint lease or mortgage, birth certificate of common children if there are any, marriage certificate,e, and others.
Other important documentation include:
- Birth Certificate and Passport of both spouses.
- Income Tax Returns of the U.S. citizen or Permanent Resident.
Note though that this is a general list. Additional documents may be needed depending on the unique status of the application. Your family immigration lawyer will review your case and indicate any other documents that may be necessary.
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Immigration applications are handled by the United States Citizenship and Immigration Services (USCIS). They oversee the review, interview, and final decision-making processes.
Adhering strictly to their guidelines is crucial for a successful application. It’s also essential to stay updated on any changes in immigration policies or procedures that USCIS might implement as these can directly impact your Green Card application.
Yes, you can file certain petitions online with USCIS, including the one for a marriage-based Green Card. However, it’s important to note that filing online does not necessarily expedite the overall government review process nor does it guarantee a quicker place in line. Your application will still undergo the same comprehensive review as paper submission and processing time can exceed a year.
Marriages conducted outside the U.S. are recognized, provided they are legal in the country where the said marriage occured. You will need to submit the foreign marriage certificate, translated into English, along with other required documents.
After reviewing your case, our marriage green card attorney can help determine the documentation you need to submit to the USCIS along with your application.
Yes. Same-sex couples are entitled to apply for a Marriage-Based Green Card under the same terms as opposite-sex couples. However, the marriage must be conducted in a country where same-sex marriage is legally recognized. The legal validity of the marriage in the place where it occurred is a key factor for the application’s acceptance.
Proving a genuine marriage for a Green Card application involves presenting varied and comprehensive evidence to establish that your relationship is bona fide. This evidence should demonstrate a shared life and commitment beyond just a marriage certificate.
Key documents include joint financial records, property leases, or ownership, and evidence of shared responsibilities. It’s also important to showcase your relationship history including photographs, correspondence, and testimonials from friends and family.
Evidence of raising children together, if applicable, further strengthens your case. USCIS meticulously reviews these details to distinguish genuine marriages from those solely intended for immigration benefits. It’s crucial to present a well-documented and authentic portrayal of your life together.
The timeline for receiving a marriage green card varies, typically ranging from 10 to 38 months. This duration depends on factors like the specific field office handling your case and the accuracy of your submitted documents. Enlisting the services of an experienced lawyer can significantly streamline the process, potentially reducing the wait time.
Contact the Law Office of Serah Waweru Today
Navigating the complexities of obtaining a marriage Green Card can be overwhelming, but you don’t have to do it alone. The Law Office of Serah Waweru offers expert, personalized, legal assistance to guide you through every step of the process. For professional support tailored to your unique situation, reach out to our marriage-based green card attorney today.
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