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Green card through a bona fide marriage.
One the of ways to obtain a green card is through a bona fide marriage. The adjustment of status process can be complex, especially if there are any irregularities in the petitioner or beneficiary’s cases. It is important to understand the requirements, steps, and potential challenges:
Important Documents:
• Marriage certificate proving the relationship with the U.S. citizen spouse.
• Valid passport.
• Entry visa.
• Form I-130, Petition for Alien Relative, filed by the U.S. citizen spouse.
• Form I-130A, Supplemental Information for Spouse Beneficiary.
• Form I-485, Application to Register Permanent Residence or Adjust Status.
• Evidence of financial support.
• Medical examination report.
• Evidence that the relationship is bona fide.
Important Note: Depending on the particular situation, the process of obtaining a green card, at times both the visa petition and adjustment of status application can be filed together. However, this is not always the case and it is important to seek legal advise to understand the exceptions and restrictions.
Step-by-Step Process:
1. File Form I-130 to establish the relationship with the U.S. citizen spouse either by itself or together with Form I-485 to adjust status to a lawful permanent resident. Each particular case is different.
2. Attend biometrics appointment. This will only happen when both forms are filed together if they can be filed together.
3. Attend an interview at a USCIS office. At this time the petitioner and applicant will have be asked questions about the documents and relationship.
4. Await decision on your application.
Importance of Seeking Legal Advice: Given the complexities and potential irregularities in immigration cases, it's highly recommended to seek legal advice from an experienced immigration attorney. Make sure the person is licensed to practice law in the United States and it is in good standing. A competent attorney can provide personalized guidance, help navigate any challenges, and ensure your application is filed correctly and on time.
Our fees vary depending on the complexity of the case. Please contact us for more information.
Green Card information center
Frequently Asked Questions:
In some cases, individuals who entered the U.S. unlawfully may still be eligible to adjust their status through marriage to a U.S. citizen spouse. Other more complex exceptions may also apply. However, there may be additional hurdles to overcome, and seeking legal advice is crucial to understand your options.
Processing times vary, but generally, it can take several months to over a year to complete the adjustment of status process. Delays may occur due to various factors, including backlogs and the complexity of your case.
While it is not required to have a lawyer, having legal representation can significantly increase the chances of success, especially if there are any irregularities in the case. A qualified immigration attorney can navigate the process efficiently and advocate on your behalf.
If an application is denied, the individual may have the option to appeal the decision or reapply, depending on the circumstances. It is essential to review the denial notice carefully and consult with an attorney to explore the options.
In most cases, applicants can apply for an Employment Authorization Document (EAD) and travel permit (Advance Parole) while their adjustment of status application is pending. However, it is essential to follow the proper procedures and obtain the necessary documents before traveling.
Do you need to reach an expert immigration counsel?
USA Immigration Law Solutions offer quality legal services to our clients on a personalized basis. The main goal of our staff is to listen to our clients’ needs, offer the best solution and maintain client appraised of the process. Our success is a satisfied client.
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