Marriage to a U.S. citizen or lawful permanent resident is often viewed as one of the most direct paths to obtaining a green card. However, while the process may seem straightforward at first glance, the United States Citizenship and Immigration Services (USCIS) has specific requirements that must be met. This process has little room for error, making it crucial to understand when it might be a good idea to seek legal guidance. That’s where a green card through marriage attorney can assist.
By having an experienced attorney on your side, it’s easier to navigate this potentially challenging process, offering valuable support from the initial preparation of your application through the successful resolution. Hiring an attorney could significantly enhance your chances of a smooth and successful outcome.
Common Green Card Through Marriage Scenarios the Rijal Law Firm Can Help With
Obtaining a green card through marriage is one of the most common ways for foreign nationals to gain lawful permanent residence in the United States. However, the process can vary widely depending on the unique circumstances of the marriage and the couple. Some of the most common scenarios include:
Marriage to a U.S. Citizen While Living in the U.S.
In this scenario, the foreign spouse is already in the U.S., often on a temporary visa (like a tourist, student, or work visa). Marriage to a U.S. citizen allows the foreign spouse to apply for a green card through the adjustment of status process. This enables them to stay in the U.S. while their green card application is being processed.
Key requirements include proving the marriage is genuine and not solely for immigration purposes, as well as maintaining lawful status prior to applying.
Marriage to a U.S. Citizen While Living Abroad
If the foreign spouse is living outside the U.S., they can apply for a green card through consular processing. This requires submitting a petition through U.S. Citizenship and Immigration Services (USCIS). Once approved, the foreign spouse attends an interview at the U.S. embassy or consulate in their home country. Upon approval, they receive an immigrant visa and can travel to the U.S. to receive their green card.
Marriage to a Lawful Permanent Resident (Green Card Holder)
Marrying a green card holder instead of a U.S. citizen follows a different path. In this case, the foreign spouse is placed in the “family preference” category and may face longer wait times due to annual visa caps. Depending on the foreign spouse’s current location, they may apply for a green card through adjustment of status (if in the U.S.) or consular processing (if abroad). It’s important to note that the foreign spouse must maintain legal immigration status in the U.S. throughout the process.
K-1 Fiancé Visa Followed by Marriage
For couples planning to marry in the U.S., the K-1 fiancé visa is an option. The U.S. citizen files a petition for their foreign fiancé to enter the U.S. on a K-1 visa. The couple must marry within 90 days of the fiancé’s arrival. After the marriage, the foreign spouse can apply for a green card through adjustment of status.
Marriage Fraud Investigations
To prevent immigration fraud, USCIS requires evidence that the marriage is genuine and not entered into solely for immigration benefits. Couples may face additional interviews or requests for supporting documentation, such as joint bank accounts, leases, photos, and affidavits from friends and family. Preparing a strong portfolio of evidence is critical.
That list is by no means comprehensive. Here at the Rijal Law Firm, our attorneys have handled many, many more situations than these.
Each of these scenarios involves unique requirements and challenges, but proper preparation can make the process smoother. Understanding the specific pathway for your situation and gathering the necessary documentation is key to success. For complex cases or questions, consulting an experienced immigration attorney can provide valuable guidance and support.
How Can the Rijal Law Firm Help?
Even seemingly simple cases sometimes encounter complications. Hiring an attorney can provide invaluable assistance.
For example, the USCIS closely scrutinizes marriages to ensure they are genuine. If they suspect a marriage was entered into solely for immigration benefits, they may reject the application. Evidence like photographs, joint financial records, lease agreements, and affidavits from friends or family is often required. If obtaining or organizing these materials feels complex, an attorney can guide you through presenting a strong case.
With so many forms involved, paperwork is at the heart of the green card application process. Errors like missing signatures, inaccurate details, or incomplete supporting documentation can result in delays or rejections. By consulting an attorney, you can ensure all forms are completed correctly and submitted on time.
Other challenges may present themselves. If the applicant has overstayed a visa, worked without authorization, or entered the U.S. unlawfully, the case becomes more complex. Certain immigration violations might require waivers or additional forms, which can be difficult to handle without legal knowledge. We can assist with all of that and more.
Ready to Help You or Yours to Acquire a Green Card Through Marriage
The process for obtaining a green card through marriage depends on your specific circumstances. Factors like whether the sponsoring spouse is a U.S. citizen or green card holder, the immigration history of the applicant, and even how recently the couple got married all impact the application.
Navigating these scenarios requires detailed knowledge of immigration law and proper documentation for USCIS to establish marital legitimacy. Missing even a small detail could cause delays or even jeopardize your case. To see how we can help you and yours, schedule a free consultation today.
