do you really need to hire a lawyer when getting a green card through marriage?

Do I need an immigration lawyer to get a green card?

In short, though you are not required to get an attorney, most people are happy with their decision to have done so. (See this survey on Family-Based Green Cards: Are Immigration Lawyers Worth the Cost?) What's So Difficult About Applying for a Green Card? The U.S. immigration system is widely regarded as "broken."

Can I apply for a green card if I am married?

Being married to a U.S. Green Cardholder (lawful permanent resident) also entitles you to apply for a Green Card. A copy of your spouse's Green Card is sufficient proof of this requirement. Your marriage is legitimate.

What are the rules surrounding marriage and green cards?

The rules surrounding marriage and green cards are detailed and complex, and largely depend upon whether the marriage was to a citizen or legal permanent resident and if they entered the country legally. In order to obtain immigration benefits available to a spouse, there must be a valid marriage between the parties.

What should I do if my marriage-based green card is denied?

If your marriage-based green card petition is denied, the denial letter should include instructions for appealing the decision if that is your decision. If you choose to do so, be sure to have an immigration attorney helping you, as the appeals process is a delicate legal issue.

Do immigration lawyers really help?

An immigration lawyer knows exactly what types of visas or relief are available to you and can help you compile a valid and complete application the first time around. This will save you time and money, and could avoid your receiving a rejection of your application, or a request for more evidence (RFE).

How much does it cost to file a marriage based green card?

$1760Cost Of Applying For A Marriage Based Green Card In The U.S. As of February 2021, the cost of applying for a marriage-based green card in the United States is $1760. However, it is important to note that these fees may be subject to change. Here's a break down of the filing fee for a U.S. based applicant.

Can a lawyer speed up the green card process?

The immigration process can be intimidating and take a long time, but hiring an immigration attorney to support you with your case can speed up the process and help you meet your goals.

How difficult is it to get a green card through marriage?

Because marriage is a relatively easy route to permanent residence, USCIS grants conditional permanent residence for two years. After two years, you will need to file Form I-751 to remove the conditions of residence and to get a permanent green card.

How long after getting married can you apply for a green card?

two yearsUSCIS will issue you a conditional Marriage Green Card if you have been married for less than 2 years at the time of your interview. You can apply for a permanent Marriage Green Card after two years of marriage. Check out this article for more information on how to apply for a Marriage Green Card.

How long does it take to get a green card through marriage 2020?

between 11 months to 14.5 monthsOn average, to get a green card through marriage, you will need between 11 months to 14.5 months. So we can say that to get a marriage green card depends on three main factors that impact the green card timeline.

What is the fastest way to get green card?

If you're a close relative to a U.S. citizen or a green card holder, they can petition for you to obtain legal permanent residency. This option is the fastest and most popular path to getting a green card.

How can I make my green card process faster?

You can generally request expedited processing by calling the USCIS Contact Center at 800-375-5283 (TTY 800-767-1833) or by asking Emma after you have obtained a receipt notice.

How long does green card process take?

It takes 7 to 33 months to process a Green Card application. The Green Card processing time depends on the type of Green Card you are applying for, the location of the processing office and other factors. Family Preference Green Cards processing takes from 1 to 10 years depending on the wait time and yearly caps.

Can a marriage green card be denied?

There are some situations that can make you or your spouse categorically ineligible to obtain a green card. These situations include: Certain criminal records. Some (but not all) types of criminal records could make you or your spouse ineligible to apply for a green card.

What are the requirements to get a green card through marriage?

The documents needed to apply for a green card through marriageBirth certificate.Marriage certificate.Financial documents.Proof of sponsor's U.S. citizenship or permanent residence.Proof of lawful U.S. entry and status, if applicable.Police clearance certificate, if applicable.More items...

What happens if you fail the green card through marriage interview?

If you fail to respond or if your response is deemed inadequate, the government will then serve you with a decision outlining the reasons it has found your green card application defective. This means many immigrants and their U.S. spouses have an opportunity to avoid an adverse decision before the denial is issued.

What to wear to a green card marriage interview?

Wear professional and/or conservative clothing. First impressions matter in a wide range of circumstances, including your green card marriage interview. Dress in professional or conservative attire, as you would for a job interview. Be prepared to answer all types of questions.

What is the process of getting a green card if you are a permanent resident?

Upon reaching the port of entry into the U.S., you will undergo a screening by the Customs and Border Protection (CBP) officials to determine your eligibility to enter the U.S. If you are admitted as a permanent resident, your I-551, which is your green card, will be mailed to you.

How long does it take to get a green card if you are a citizen?

The citizen and the foreign spouse must prove that the marriage is bona fide. If the citizen and foreign spouse have been married less than 2 years at the time the spouse becomes a permanent resident, a conditional 2-year green card will be issued.

What is the first step in the green card process?

The first step in a marriage-based green card process is for the petitioning spouse (citizen or permanent resident) to file an I-130, Petition for Alien Relative with the USCIS. After the I-130 approval, the next steps will depend on whether the beneficiary is staying in the U.S. or is living abroad.

What happens if the number of applicants exceeds the number of available visa numbers?

If the number of applicants exceeds the number of available visa numbers, then a backlog will build. Unfortunately, there is usually a backlog for each marriage-based green card category. The categories are divided into preference levels which are further divided according to your country of origin.

What do I need to file an I-485?

After the approval of the I-130, the beneficiary will need to file an I-485, Petition to Adjust Status with the USCIS. The I-485 must be submitted with supporting evidence, which includes a birth certificate, proof of nationality, and proof of lawful entry to the U.S. (I-94 travel record).

What to do if your marriage is denied?

If your marriage-based green card petition is denied, the denial letter should include instructions for appealing the decision if that is your decision. If you choose to do so, be sure to have an immigration attorney helping you, as the appeals process is a delicate legal issue.

How long does it take to get a green card?

And if you do make those mistake it will make it longer to get your green card. And the process usually takes about 180 days. All the best.

Should I hire an attorney for my divorce?

Yes you absolutely should hire an attorney. The reason is because you have to prove that your marriage is bona fide, not just married. This is a legal standard and circumstantial evidence is used to establish it. It's good that you recognize that you need an attorney to help you with this...

Can I file everything myself?

You can prepare and file everything yourself, but as a practical matter it is better to go through an attorney unless you are absolutely certain of what you're doing. As with anything in life, the surest way to make sure things are done correctly the first time is to find an expert to assist you. And when the consequences of a mistake are as dire as they are in the immigration world, gambling that you can do it right the...

Three Application Strategies

There are three different strategies for preparing your Green Card application, based on your case’s complexity level.

How to find out which strategy suits me?

You can find out through this simple three-step checklist below. Once you know which strategy to use, the application process becomes much easier!

About GreenCardHero

We are a community of former applicants who successfully went through the hair-pulling, eyeball-popping green card application process ourselves. We believe every couple should have access to quality guidance and file their application with confidence, without costing an arm and a leg in the process.

Difference between a Green Card Lawyer and a Marriage Immigration Lawyer

There are different ways of obtaining a green card. You can obtain it through marriage, by employment (work) sponsorship, changing your status from one visa to the permanent resident (green card) visa or even winning the Green card lottery (Diversity visa).

What a Marriage Immigration Lawyer Costs

If you are nervous or worried that marriage immigration lawyer fees are very high, you are not alone. However, this is not always true and after reading this article you will know how to hire a green card immigration lawyer that meets your budget and you can afford them.

Do You Need to Hire a Marriage Immigration Lawyer?

Many people do not know this and it is very important to know. You do not have to hire a marriage immigration lawyer or a green card immigration lawyer to complete your application. USCIS (US immigration) does not make it mandatory that you hire a lawyer.

Know What Can Go Wrong With Your Green Card Application

You can complete the marriage green card application yourself, but there a lot of complications and issues to deal with that can give you a lot of stress, put a strain on your relationship and cause possible problems with your Green card. If you are very confident you can do this application yourself, that is great!

When to Do the Application Yourself

These are all possible problems you want to avoid. If you are confident and know you can handle all the issues listed above, do the application yourself.

When to Hire a Green Card Lawyer

If you are unsure about any of the issues above, at the very least talk to an expert immigration lawyer. Find out if you have any red flags.

How to Find a Green Card Lawyer

There are many ways to find an immigration lawyer. What is really important is you know they are recommended and have good references. Always try to use a lawyer from the US since if you have a problem they are regulated by the Bar and have codes of conduct.

How immigration attorneys help deal not only with legal analysis, but paperwork and government bureaucracy

How immigration attorneys help deal not only with legal analysis, but paperwork and government bureaucracy.

What's So Difficult About Applying for a Green Card?

The U.S. immigration system is widely regarded as "broken." The law itself is torturously difficult to understand. It takes lawyers years just to become comfortable with the ins and outs of various types of visas, green cards, and other benefits.

But I Like Doing Things Myself!

A few hours trying to fill out immigration forms, and you might just change your mind. True, the more knowledgeable you are about the process you're about to undertake, and about the work you're paying the lawyer to perform, the better off you'll be.

What is a Marriage Green Card?

So you married a U.S. Citizen or U.S. Green Cardholder? Congratulations! Now that you and your fiance have gotten married, it is time to start your new life together. Before you can make the U.S. your permanent residence, you will probably need to apply for a Marriage Green Card. This guide explains what a marriage Green Card is and how to get one.

Are you eligible for a Marriage Green Card?

To be eligible for a Green Card through marriage, you must show USCIS four things:

How do you apply for a Marriage Green Card?

Once you have determined that you are eligible for a Marriage Green Card, applying is a 3-step process:

How long does it take to get a Marriage Green Card?

How long the process takes depends on whether you're already living in the United States and whether you're married to a U.S. citizen or a Green Cardholder. It can take a while, so many people start preparing their forms with their fiance up to 90 days before they get married.

How much does it cost to get a Marriage Green Card?

In 2020, the total cost for a Marriage Green Card is $1,760 if you are applying while living in the United States, and or $1,200 if you are applying from abroad. These totals include the required U.S. government filing and biometrics fees, which are nonrefundable. They also include the average cost of the required medical examination.

When should you work with an lawyer to get a Marriage Green Card?

You do not have to hire an immigration lawyer to apply for a Marriage Green Card. More than half of all marriage Green Card applications are filed by individuals who do not work with an attorney. You can definitely do it!

Marriage Green Card FAQs

If you applied for your Green Card while you were living in the United States, then Yes! But you will need to apply for employment authorization when you file your Form I-485. You can do this by submitting a Form-I765 Application for Employment Authorization when you apply to adjust status.