Get the Assistance You Need for Your Green Card Marriage Case
Are you a U.S. Citizen? Are you and your foreign spouse ready to settle in the United States and start a new chapter in your lives? A marriage-based green card (or adjustment of status through the marriage process) is the key to making this dream a reality.
It allows your foreign spouse to legally reside and work in the United States, providing a sense of security and stability for your future together.
The process of obtaining a marriage-based green card can be complex and overwhelming, but Francis Law Center is here to help. Our dedicated immigration law firm has the experience and expertise necessary to guide you through every step of the process, regardless of your spouse’s location.
With our support, you can feel confident in starting a new life together in the United States.
Eligibility Requirements for Your Marriage Green Card Case
Before starting the process, it’s crucial to understand the eligibility requirements for a marriage-based green card. To be eligible, the following conditions must be met:
- Legitimate marriage with a US Citizen or Permanent Resident;
- Neither spouse is married to someone else; and
- The foreign spouse was admitted and inspected upon their last entry into the US
However, these are not the only factors that determine eligibility. The legitimacy of the marriage, inadmissibility, previous marriages, and the use of nonimmigrant visas can also impact the outcome of your spouse’s green card applications. In some cases, an I-601A waiver may also be required if the foreign spouse entered the US without inspection.
Initiating the Green Card Through Marriage Process
The process of obtaining a marriage-based green card can seem overwhelming, but with the right guidance and preparation, it can be a smooth and straightforward journey. This journey involves two main steps, each of which is equally important and requires careful consideration.
Step 1: Concurrent Filing of I-130 and I-485 Applications
The first step in the process is to submit an I-130 petition to the US Citizenship and Immigration Services (USCIS), along with supporting documents that prove the validity of your marriage and provide the required biographic information. If your spouse is already residing in the US, you can concurrently file an I-485 application, I-765 Status Authorization Document, and I-131 Advance Parole applications to expedite the process.
The quality and completeness of the forms and supporting documents play a significant role in the processing time and approval of your case, so it’s crucial to ensure they are well- organized.
How long it takes to get a green card through marriage depends on when your green card marriage cases are filed with USCIS and strength of your case. The green card marriage processing time is also contingent upon ever-changing USCIS policies and review processes.
How much it will cost to get a green card through marriage also depends on when your green card cases are filed with USCIS and what USCIS applications you like to submit. Please read this blog for more information: https://francislawcenter.com/blog/2024/02/uscis-fee-increase-2024-for-marriage-based-green-card-cases/
Step 2: Green Card Interview
The final and one of the most crucial steps in the marriage-based green card process has been an in-person interview with a USCIS field officer. This interview serves as a critical evaluation of your marriage, and both the US Citizen and foreign spouse must attend. The USCIS field officer will ask questions to determine the legitimacy of your marriage and assess any immigration or criminal law violations committed by the foreign spouse.
If interviews are scheduled, it is importantto be well-prepared for this interview, as the USCIS field officer will be looking for evidence that supports your claim of a legitimate marriage. It’s crucial to provide clear, concise, and honest answers to these questions. A well-prepared and confident interview can make all the difference in the outcome of your case.
Meanwhile, USCIS announced a new review process in the middle of 2022, so not all marriage visa cases will be scheduled for interviews. Some will be adjudicated without any in-person interview. Consult with experienced marriage visa lawyers regarding this new development.
Conditional Green Card and Removing Conditions
If the foreign spouse has been married for less than two years when the green card is issued, they will receive a conditional green card. This type of green card requires the foreign spouse to remove the two-year conditional resident status by filing an I-751 petition before the two-year conditional period expires.
It’s essential to initiate this process well in advance to avoid any legal complications. For example, if the I-751 petition is not filed before the two-year conditional period expires, the foreign spouse may lose their green card and face possible removal proceedings.
Why Choose Francis Law Center for Your Marriage Green Card Case in Wisconsin
At Francis Law Center, we are dedicated to serving the immigration needs of clients from all over the world.
With offices in Schaumburg, IL, Chicago, IL, Naperville IL, and Madison, WI, we specialize in immigration law and are led by Attorney Jae Francis Lee, a Professor of US History and Ph.D. holder from New York University. With his expertise and experience, you can trust that your marriage-based green card case will receive the in-depth research and meticulous documentation required for success.
Call us at 866-868-1596. You can also reach us online. We look forward to hearing from you.
