green card marriage lawyer when should i get one

by Keira Romaguera 6 min read

If you have been married for over 2 years before applying, you can receive the IR1 Green Card which lasts for 10 years. If you have been married for less than two years when you apply, you will receive a CR1 Green Card, also known as a "Conditional Green Card." This lasts for 2 years before you must renew it to get a 10-year Green Card.

Full Answer

Is marriage the only way to get a green card?

If you have received your green card through marriage and wish to remove the conditions after two years, you will need to submit an I-751 Petition to Remove Conditions and pay the $595 filing fee along with the $85 biometrics fee. The USCIS requires you to submit the I-751 at least 90 days before the end of your two-year period.

Should I seek legal counsel before filing for a green card?

Jan 12, 2019 · Receive Green Card; Strategy 2: DIY with lawyer review. The same steps as Strategy 1. The only difference is: Before submitting your completed application, work with an immigration attorney for a thorough review (usually under $300). Strategy 3: Hire a lawyer. Read our Definitive Guide to Marriage Green Card Application to get an overall ...

What is the minimum age for marriage-based green card application?

The green card processing time for spouses of U.S. citizens can take anywhere between 7 and 17 months. If the Beneficiary lives in the U.S. and is married to a U.S. citizen expect the processing time to be between 7 and 13 months. If the Beneficiary is living abroad then the processing time can take up to 17 months.

When to apply for a green card after a divorce?

Step 1. Submit Form I-130. The first step in the process of applying for a Marriage Green Card by marriage is completing Form I-130 (the "petition for alien relative). The purpose of the I-130 petition is to establish that you have a valid marriage to a U.S. Citizen or Green Card holder. Along with the completed form, you must provide your ...

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

between 11 months to 14.5 months
On 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.Jan 15, 2022

How long does it take to get a marriage green card 2021?

The current total wait time for a marriage-based green card ranges between 9 to 36 months, depending on whether you are married to a U.S. citizen or green card holder and where you currently live (not including possible delays).

How long does it take to get an interview for marriage green card?

Marriage-based green card interviews are held at a USCIS office and conducted by a trained immigration official. The interview usually takes place between three to four months after you file the petition with USCIS.Apr 21, 2022

How soon after marriage can I apply for a green card?

When can I apply for a green card? You can start the process to obtain a green card immediately after you have evidence of a bona fide marriage. Yes, you will definitely need a photocopy of your marriage certificate. But you'll also need to prove that you have a genuine marriage.Jun 8, 2021

What is the current wait time for green card?

It may take up to 90 days from the date you entered to receive your permanent resident card. You entered the U.S. using your immigrant visa, You paid the immigrant visa fee AFTER you entered, It may take up to 90 days from the date you made your payment to receive your permanent resident card.

How long does it take to bring spouse to USA 2021?

Average time - Between five and 14.5 months to get a Form I-130 petition (Petition for Alien Relative) approved by USCIS as of early 2022; another six to 11 months or longer to get an immigrant visa to come to the United States.

How long does it take to bring spouse to USA 2020?

Total Processing Time for a Spouse Green Card

As long as there are no delays or complicating factors: A spouse of a permanent resident's immigration processing time is about 24 to 36 months on average from start to finish. A spouse of a U.S. citizen's Green Card processing time today averages about 12-18 months.
Sep 30, 2021

How long does it take to get green card after interview 2020?

Technically, the USCIS has to provide you with a decision on your naturalization application within 120 days of your naturalization interview. In a green card application, the USCIS is supposed to provide you with an official notification of their decision within 30 days of your interview.Apr 29, 2022

How long does it take to get a 10 year green card after marriage?

For the California Service Center, as mentioned before, the processing times are: 12.5 months to 16 months if the petitioner is a Permanent Resident. 11 to 14.5 months if the petitioner is a U.S. citizen.

Can I stay in U.S. while waiting for marriage green card?

In most cases, spouses who are eligible to adjust status prefer to do so. It allows the foreign spouse to stay in the United States while waiting for the marriage green card. On the other hand, consular processing can often result in quicker processing times.Jul 13, 2021

How long does it take to bring spouse to USA 2022?

The total application processing time takes anywhere from 10-13 months for the entire marriage-based green card timeline. The key difference between an interview at a U.S. Embassy or Consulate and in the country is that both the spouse and the sponsoring U.S citizen must attend the interview.

Can I divorce after getting a 10 year green card?

The vast majority of green card holders are mostly unaffected by a divorce. If you are already a lawful permanent resident with a 10-year green card, renewing a green card after divorce is uneventful. You file Form I-90, Application to Replace Permanent Resident Card, to renew or replace the green card.Dec 21, 2021

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!

Game Plan for Each Application Strategy

The same steps as Strategy 1. The only difference is: Before submitting your completed application, work with an immigration attorney for a thorough review (usually under $300).

How long do you have to be married to get a conditional green card?

If you and your spouse have been married less than 2 years at the time the green card was approved then you will receive this conditional green card. It is important to know that a holder of a conditional green card has the same rights and privileges as a permanent resident who holds a permanent green card.

How long does it take to get a green card for a spouse?

The green card processing time for spouses of permanent residents can take from 22 to 38 months. If the Beneficiary is living in the United States expect the processing time to be between 29 and 38 months. If the Beneficiary is living abroad, expect the time to be between 22 and 32 months.

Who is the petitioner on the I-130?

Petitioner and Beneficiary. The spouse that is a U.S. citizen or a green card holder is known as the “Petitioner” on Form I-130. The spouse applying for a green card is known as the “Beneficiary”. The Petitioner will need the following information in order to properly complete the Form I-130:

What documents are needed to file a petition for a green card?

Documents that satisfy this requirement include a birth certificate for U.S. citizens or a green card for permanent residents.

How much does it cost to file an I-485?

can file Form I-485 at the same time a Petitioner files Form I-130. The form can also be submitted after the I-130 has been approved. The filing fee for the I-485 is $1,225.

How long does it take to get an I-485?

The processing time for the I-485 when submitted by spouses of U.S. citizens is 9 to 12 months. The processing time for the I-485 when submitted by spouses of lawful permanent residents will take longer due to having to wait for green card availability.

What is adjustment of status?

Adjustment of Status is the process where an immigrant changes his or her immigration status from a non-immigrant to a permanent resident. If an immigrant is not eligible for Adjustment of Status then he or she must use consular processing. In order to be eligible for Adjustment of Status, the following must be true:

How long do you have to be married to get a conditional green card?

If you and your spouse have been married less than 2 years at the time the green card was approved then you will receive this conditional green card. It is important to know that a holder of a conditional green card has the same rights and privileges as a permanent resident who holds a permanent green card.

How long does it take to get a green card for a spouse?

The green card processing time for spouses of permanent residents can take from 22 to 38 months. If the Beneficiary is living in the United States expect the processing time to be between 29 and 38 months. If the Beneficiary is living abroad, expect the time to be between 22 and 32 months.

What is the form for a spouse to get a green card?

Form I-130 is the U.S. Immigration Form called “Petition for Alien Relative”. Filling out this form is the first step you must take in order to receive a marriage-based green card. The spouse that is the U.S. Citizen or current Green Card holder is known as the “Petitioner” on Form I-130.

Who is the petitioner on the I-130?

Petitioner and Beneficiary. The spouse that is the U.S. Citizen or current Green Card holder is known as the “Petitioner” on Form I-130. The spouse applying for a green card is known as the “Beneficiary”. The Petitioner will need the following information in order to properly complete the Form I-130:

How much does it cost to get a green card in 2020?

As of February 2020, the fee for filing Form I-130 is $535 and should be sent when filing the Petition.

Can a spouse get a green card if they are married?

The good news for spouses of U.S. citizens applying for a marriage-based green card is that there is an unlimited number of visas available for them . This means the green card processing time is much shorter when the beneficiary is married to a U.S. citizen.

Can a spouse file an I-485?

Spouses of U.S. citizens applying for a marriage-based green card and living in the U.S. can file F0rm I-485 at the same time a Petitioner files Form I-130. The form can also be submitted after the I-130 has been approved. The filing fee for the I-485 is $1,225.

What records do immigration agents look for when entering a marriage?

Items like rental records, utility statements, insurance policies, bank accounts, telephone bills, and tax records are reviewed to determine if the immigrant and U.S. spouse are handling their affairs as a married couple or as individuals.

How to avoid being late for a USCIS interview?

Do everything possible to avoid being late. This begins a day or two before your interview. If you’re not familiar with the USCIS office location, map out the drive in advance. Take a test drive so you can figure out if you’ll need extra traveling time.

Is marriage fraud a federal crime?

Marriage fraud is a federal crime. Each spouse is subject to being sentenced to prison and assessed a hefty fine. Moreover, the immigrant spouse will be deported and banned from the U.S. for not less than 10 years, and most likely for life. 2.

What is an affidavit of support?

Essentially, the affidavit of support is a contract between your spouse and the government. Before approving your request for a green card, immigrant officials want to ensure that the sponsoring U.S. spouse has the financial ability to support the immigrant spouse for the next ten years.

Can a spouse get a green card if they are married?

There are various ways that a marriage can help make you eligible for a green card. A U.S. citizen or permanent resident can petition a spouse for permanent residence (green card). But you may also be the spouse of someone else who was sponsored. This is known as a derivative applicant.

What happens if you divorce before you get a green card?

If at any point a divorce occurs before the approval of an application for a green card, the immigration process stops. The divorce dissolves the relationship that made the spouse eligible. This is true even if USCIS already approved the immigrant petition.

Can I renew my green card after divorce?

You file Form I-90, Application to Replace Permanent Resident Card, to renew or replace the green card. There are no questions directly related ...

Can I file an I-751 after a divorce?

A divorce after obtaining your conditional green card shouldn’t stop you from filing your I-751 petition. In fact, you may prepare Form I-751 on CitizenPath with a waiver to the joint filing requirement (due to divorce after green card).

Does divorce affect immigration status?

In most cases, a divorce after green card does not affect one’s immigration status. But for those with cases as described above, the effects can be significant. If you are a non-citizen, know how divorce or annulment affects your situation.

How long do you have to be married to file N-400?

A divorce will affect your eligibility to file Form N-400, Application for Naturalization, if you are filing on the basis of marriage to a U.S. citizen for three years. Even if you were married for over three years, you must continue to be married at the time of naturalization.

Does USCIS review marriage on N-400?

There is something that every applicant for naturalization should realize. If you file Form N-400 to become a U.S. citizen, USCIS will review your entire immigration file again. This includes your marriage.

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