Alexandria, VA Marriage Green Card Lawyer!

How to Get a Green Card in the U.S.

Petitioning to receive a marriage green card is not as simple as filling out the appropriate paperwork and providing your marriage certificate. You will need to the USCIS that your marriage is genuine and that you did not only get married to facilitate a fraudulent green card.

To establish the authenticity of your marriage, you will need to provide extensive documentation, which can include:

You will also need to provide evidence that proves the sponsoring spouse is a U.S. citizen or lawful permanent resident and that any previous marriage was legally terminated. Our Washington D.C. marriage green card attorney can help you prepare your application materials and ensure that you have a sufficient level of documentation.

Marriage Green Card Process

After your materials have been submitted to USCIS, you may receive additional Requests for Evidence. We can help you promptly and appropriately respond to these notices. Barring any delays, most couples will receive a decision in about 7 to 15 months.

Once a petition has been approved by USCIS, additional eligibility checks must be completed. The applicant will need to request an adjustment of status if they are currently in the United States or go through consular processing if they are abroad. Sponsoring spouses will need to complete an Affidavit of Support that confirms that they are able and willing to financially support the applicant.

Spouses of U.S. citizens proceed with consular processing or an adjustment of status immediately. Spouses of lawful permanent residents will have to wait until a visa becomes available. Many will face wait times of around 1.5 years.

Once a petition has been approved by USCIS, additional eligibility checks must be completed. The applicant will need to request an adjustment of status if they are currently in the United States or go through consular processing if they are abroad. Sponsoring spouses will need to complete an Affidavit of Support that confirms that they are able and willing to financially support the applicant.

Finally, an applicant must participate in an in-person interview. If they are presently in the U.S., the applicant will attend the interview with their spouse at a local USCIS office. If abroad, the interview will take place at the applicant’s local U.S. embassy or consular office. The spouse will not attend the interview in these situations.

The in-person interview is designed to again confirm the legitimacy of the marriage. You will potentially review the evidence that you provided and be expected to answer questions about your relationship. If the USCIS official is satisfied with your answers, they will approve your marriage green card.

Our Washington D.C. immigration lawyers have over 20 years of combined legal experience. Schedule a consultation by calling 703-549-5445 or contacting us online to speak with our marriage immigration lawyer.

Removing Conditions on a Marriage Green Card

If you have been married for less than 2 years at the time that your visa is approved, your green card will be “conditional.” This means that it will expire in 2 years instead of the usual 10 years. Spouses with conditional green cards will need to go through an additional process to “remove conditions” and secure non-conditional permanent residency.

You will need to jointly petition with your U.S. citizen or lawful permanent resident spouse to remove conditions in the 90-day window before your conditional green card is set to expire. Timing is paramount: Your application will likely be rejected if it is filed too early or late.

To remove conditions, you will need to once again convince USCIS that your marriage is genuine. This will involve submitting additional evidence that shows how your relationship has continued and evolved over the preceding 2 years. Many will need to participate in another in-person interview at a local USCIS office.

If you get divorced while your green card is still conditional, you may still be able to successfully remove conditions. However, you will be placed under extreme scrutiny and will need to prove that you entered the marriage in good faith. Conditional residents can also potentially file to remove conditions without the cooperation of their spouse if they have suffered abuse or if their spouse has passed away.

Removing conditions is extremely important. Failing to remove conditions will result in your green card expiring, at which point you will begin to accrue unlawful presence in the United States. If you accumulate too much unlawful presence, you will be unable to access immigration benefits for several years or more. You may also be targeted for deportation.

Our Washington D.C. marriage green card lawyer at Law Group International can help ensure that your Petition to Remove Conditions is appropriately timed and filed. We can represent you in all communications with USCIS and assist you in overcoming any obstacles that might arise throughout the marriage visa process.

Our immigration lawyers in Washington D.C. have handled thousands of immigration cases and offer our services in English, Farsi, and Spanish. call 703-549-5445 or contacting us online to speak with our marriage immigration lawyer.