Like any process that involves the United States Customs and Immigration Service, you are dealing with a lot of paperwork and the potential for costly mistakes or USCIS decisions that can jeopardize your immigration status. You should hire a marriage green card attorney to help with both your petition and dealing with USCIS.
The Hayoon Kane Law Firm, PLLC provides you with effective legal representation in immigration law matters using a patient and understanding approach. We understand the stakes when you need a green card to join your spouse in the U.S. long term, and we also know the hurdles you face.
Contact our immigration attorney today to discuss your situation and how we can help you every step of the way.
What Is a Marriage-Based Green Card?
Certain immediate relatives of a United States citizen may qualify for a green card. This category of relatives includes the spouse of a United States citizen. The spouse may be eligible for lawful permanent residence status, allowing them to live and work in the United States. The spouse has already qualified for a visa as the fiancé of a United States citizen, assuming that they were living overseas at the time they became engaged. However, you still need additional paperwork to make the residency permanent and allow the spouse to work.
While a U.S. marriage green card is the first step for the spouse to enter the country, it may also be the introductory step in a process that eventually leads to citizenship.
There are two types of green cards by marriage:
- An IR1 green card is good for a total period of ten years. One can apply for this category of green card after they have been married to their United States citizen spouse for at least two years.
- A CR1 green card is a conditional one, which is valid for two years. One can apply for this type of green card when they have been married for less than two years
Presumably, you begin with a conditional green card before seeking to remove the conditions on your status and receive a permanent one.
What Are the Pathways to a Green Card By Marriage?
There are two different ways that one can apply for a green card as a spouse. How they apply largely depends on where they are physically located at the time.
While a U.S. marriage green card is the first step for the spouse to enter the country, it may also be the introductory step in a process that eventually leads to citizenship.
- A spouse located abroad can apply for a marriage-based visa through the United States embassy or consulate in their home country. They make appointments and file their paperwork through the embassy or consulate.
- A spouse who is already in the United States can apply for an adjustment of status that allows them to receive a green card. The spouse can then adjust their status after marriage, usually through a conditional green card if they have not been married for two years.
Presumably, you begin with a conditional green card before seeking to remove the conditions on your status and receive a permanent one.
The Process to Obtain a Marriage-Based Green Card
There is a strict process couples must follow to seek a green card based on marriage, including the following steps:
- The United States citizen will begin the marriage-based green card process by filing Form I-130. This form is the Petition for an Alien Relative, which establishes the relationship to qualify the spouse for a green card. This form must first be approved before the spouse can proceed with their own part of the process.
- The spouse then needs to file the Form I-485 (They must file the Form DS-260 if they are located outside of the United States). This form is the Application to Register Permanent Residence or Adjust Status. This is a lengthy form that requests quite a bit of information. The spouse must also undergo a medical examination and provide supporting documentation, which includes biometrics and fingerprints.
- The spouse then needs to attend a green card interview, which occurs at the consulate or embassy if they are located overseas. The case officer will ask many questions to determine the legitimacy of the marriage and learn more about the nature of the relationship between the spouses.A spouse who is already in the United States can apply for an adjustment of status that allows them to receive a green card. The spouse can then adjust their status after marriage, usually through a conditional green card if they have not been married for two years.
After the process concludes, USCIS will issue its decision. If it approves the application, USCIS will issue a green card, and then the spouse will be able to live and work in the United States.
How Long Does it Take to Get a Green Card By Marriage?
Like anything relating to the immigration system, you can expect it to take a considerable amount of time to receive a marriage-based green card. There are numerous steps to the process that you need to complete, and you are dealing with USCIS officers who have a heavy caseload. Along the way, things may arise that can cause further delays, making it even more important that the paperwork is accurate and that there are no mistakes.
A green card by marriage application process might take an estimated nine to 18 months to complete. There is little to no predictability in how much time your individual application may take, so you should allow for as much time as possible and not leave anything until the last minute. Much depends on the location where you have applied for the green card and the caseloads of USCIS at the time. You should do everything within your power to minimize potential delays that can add more time to the process.
What Happens if the Application for a Green Card By Marriage Is Denied?
The green card approval rate continues to drop in the United States, and the denial rate for LPR status through marriage has risen in recent years. USCIS may deny an application for a number of reasons, including:
- The applicant poses a potential security risk in the United States
- The United States resident cannot show they will financially support their spouse in this country
- There are mistakes in the application, or USCIS believes that untruthful information was given as part of the process of seeking approval
- USCIS has concerns about the legitimacy of the marriage or the relationship
As an applicant for a green card, you are entitled to some form of due process. You have the right to seek a review of USCIS’s initial decision to deny the application for the green card. You can either file a request for reconsideration of the decision (although it is rare for USCIS to grant these requests) or an appeal.
You can file the appeal with either the USCIS’s Administrative Appeals Office (AAO) or the Board of Immigration Appeals (BIA). To prevail in an appeal, you must present arguments or evidence that shows that USCIS made either a mistake of fact or law in denying your application.
Why You Need a Marriage Green Card Lawyer
No matter what type of green card you are applying for, you face a complex process that requires you to complete a lot of paperwork. Your application will land in front of a case officer who has quite a few other cases in front of them. In other words, they may not spend a lot of time on your application. All they need is a slight reason to deny your application, which can include a mistake in the paperwork. If that occurs, it can introduce a considerable delay in what is an already lengthy process. You want to ensure that you both understand the application process and get the paperwork correct, and you can do that with the help of a marriage green card attorney.
You should consider hiring a marriage immigration lawyer at the outset of the process to give you the best possible chances of success. You will certainly need a green card through marriage attorney if the application is denied, and you must file an appeal. The marriage green card attorney will review your file and help determine whether USCIS made an error and what mistake they made. Then, they will present your evidence as part of an appeal, seeking to convince a neutral third party as to why USCIS made a mistake in denying your spousal green card petition.
Contact a Las Vegas Marriage Green Card Lawyer for Legal Help
To learn more about whether you qualify for lawful permanent residence status and what you must do to obtain it, reach out to a marriage green card attorney at the Hayoon Kane Law Firm, PLLC. We will explain both the green card process in general and the steps we can take when you are dealing with USCIS. Our green card through marriage attorney is standing by and ready to help you.
Schedule a free initial consultation with a marriage green card attorney by visiting our website or by calling us today at (702) 463-7630, and you will see why clients trust us to handle their most vital immigration matters.
