how to file for marital greencard without a lawyer

by Sheila Streich 7 min read

Strategy 1: Do it yourself without a lawyer. Read the Definitive Guide to Marriage Green Card Application to get an overall understanding; Prepare your application with GreenCardHero’s Application Preparation Software (it’s free!) Mail your application; Receive Green Card; Strategy 2: DIY with lawyer review. The same steps as Strategy 1.

Once you have determined that you are eligible for a Marriage Green Card, applying is a 3-step process:
  1. Submit Form I-130 and supporting documents.
  2. Submit your Green Card application (Form I-485 or Form DS-260)
  3. Attend your Green Card Interview and receive your Green Card.
Jul 23, 2020

Full Answer

Do I need a lawyer to get a marriage green card?

This guide is for people who want to get a marriage green card for their wife or husband. We will explain everything you need to successfully complete the application process. For most couples, the application is straightforward and does not need a lawyer. Instead, save that $4,000 lawyer’s fee for your lovely honeymoon on the beach.

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.

Can a non-US citizen get a green card through marriage?

Although getting a green card through marriage can often be the easiest way to obtain residency for a non-U.S. citizen, approval is not automatic.

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.

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Is it possible to get a green card without a lawyer?

U.S. Immigration law does not require you to have a lawyer represent you for a green card. If you are already married, then the person who is already a U.S. citizen will petition for their partner. If this is the case, you must fill out three forms for a marriage green card.

Can I file green card on my own?

Applying for Green Card through Self Petition. Eligible applicants for green card through self petition may apply for permanent residency through one of two ways: Consular Processing: Applying while living outside the US. Adjustment of Status: Applying while living in the US.

Can you get a marriage green card without an interview?

It is highly unusual for USCIS or the US State Department to grant lawful permanent residency (a green card) without conducting a personal interview of the applicant. However, it does occasionally happen.

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 I apply for green card without my husband?

However, it is possible to file this form and become 10-year green card holder without the help of your spouse. You may apply for a waiver for the joint filing requirement if: Your spouse is deceased; or. You entered the marriage in good faith, but the marriage was later terminated due to divorce or annulment; or.

Can I apply for a green card without a sponsor?

There are also ways to get a green card without a US company sponsor. Two of these ways are: (1) the EB1A visa; and (2) the National Interest Waiver. Through both of these options, you do not need a job offer and you do not need a company to file an immigrant visa petition on your behalf.

Does immigration check text messages?

If you are at U.S. port of entry or under investigation DHS may be able to view your phone calls and text messages. DHS also views your social media information.

What documents are needed for 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...

How long does it take for marriage-based green card?

between 9 to 36 monthsThe 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 bring spouse to USA 2021?

Average time -- Five to 30 months to get the Form I-130 approved by USCIS; no time on the Visa Bulletin waiting list as of early 2022, and the rest depending on various complicated circumstances.

How do I apply for a green card for my spouse?

Form DS-260 (green card application filed online) Proof of nationality of the spouse seeking a green card (copy of birth certificate and passport photo page) Copy of a police clearance certificate for the spouse seeking a green card (showing previous interactions with law enforcement, if any)

What questions are asked in a marriage interview for green card?

Development of Your RelationshipWhere did you meet?What did the two of you have in common?Where did you go for dates?When did your relationship turn romantic?How long was it before you decided to get married?Who proposed to whom?Who chose the ring?Why did you decide to have a [long, short] engagement?More items...

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 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 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.

What is the purpose of Part One of the Green Card?

Application Part One: Immigrant Petition. Part One’s purpose is to establish Arnold’s eligibility for a Green Card. Since Arnold’s eligibility is based on his marriage to Maria, Maria needs to complete the Application Part One to demonstrate [1]: Maria is a real person. Maria is a U.S. permanent resident. Arnold is her husband.

What is a cover letter for USCIS?

A cover letter is essentially a table of contents of all the forms and documents contained within the packet. The cover letter helps you organize your papers, and also helps USCIS agents during their review.

What is USCIS case status checker?

USCIS Case Status Checker is the official tool for checking your case status. Enter all the case numbers printed on the receipt notices you received, then the tool will display the processing status of each form in your particular case.

What is the I-130 form?

Form I-130 – Petition for Alien Relatives [Maria to fill out] No, this isn’t about your aunt Barb who claims to be an extraterrestrial . Maria needs to fill out this form to confirm she is a U.S. citizen and Arnold is her husband. It asks for information about both Maria and Arnold.

When did the USCIS stop charging?

March 9, 2021 Update: Great news – USCIS just announced that it has stopped applying the new Public Charge Rule (this rule was in effect from Feb 24, 2020 until today).

Can Arnold apply for a green card?

After the immigrant petition has established Arnold’s Green Card eligibility, now Arnold can apply for it. Application Part Two (adjustment of status) collects information that demonstrates [2]: Arnold is a real person. Arnold’s current immigration status doesn’t bar him from receiving a Green Card.

Will USCIS increase application fees?

Sept 30, 2020 Update: Great news – A U.S. District Court has temporarily blocked USCIS from increasing application fees (the higher fees were originally scheduled to start on Oct 2, 2020). So during a limited period of time starting from now, USCIS will only charge the lower old fees! Note that this temporary injunction could end at anytime, as USCIS appeals this court decision. The current injunction may not last for very long. Once the injunction period ends, the application fees will go up from the current $1,760 to $2,830, a net increase of $1,070, almost doubling the current cost. Because it will be much more expensive to apply after the fee increase, we suggest applying soon while the old fee is still in effect.

Photo validation program

Hey guys. Need your help. Can i find some program can validate my photo matching the standarts of the lottery program?

Dec 2020 submission, July 2021 biometrics, not much information outside of that

Hoping someone can comment on the below process time and if its normal or slow.

Update SSN after you get Greencard?

I was previously on an L1 and got my Greencard approved. I’m changing employment and just realized my SSN I received six years ago has ‘restricted’ written on it. Do I need to go to the Social security office and update it or will it automatically become unrestricted due to the Greencard status?

Impact of changing job on green card process (I'm dependent)

Both myself and my wife are working for the same company, under visa in the US

App to check case status progress

Any suggestions on what apps / where to check your case progress online? Thank you

Why was my Police Certificate (GB & NI) rejected?

I submitted DBS form in July this year (document dated February 2021) and it has been rejected saying "Please replace this with an acceptable police... [cuts off]".

Husbands card approved, still waiting on mine

My husband and I are in the US on L-visas (he is L1a and I’m on an L2)

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 after marriage?

After two years you will need to once again prove that the marriage is a bona-fide marriage. At that time you will receive a permanent green card. In order to receive a permanent green card you must file a Form I-751 the Petition to Remove Conditions.

What is required for divorce?

A divorce document indicating the name of the Petitioner or Beneficiary as well as an indication that the divorce is legally valid where granted is a common example. Two passport-sized photos of both the Petitioner and the Beneficiary are required. In addition, proof of a bona fide marriage is also required.

What is a petitioner on a green card?

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: Address history for the previous five years;

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.

What documents are needed to complete the I-130?

In order to complete the Form I-130 the following documents are required: Petitioner must provide proof that he or she is a United States citizen or a legal permanent resident. Documents that satisfy this requirement include a birth certificate for U.S. citizens or a green card for permanent residents. Proof of marriage.

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.

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.

How much does an immigration attorney cost?

While US immigration attorneys cost $100 to $300 and more an hour, there are times when you will want to consult with an attorney. For example, if there is something in your situation which may make it hard for you to get approved by the USCIS, you will need to speak with a US immigration attorney.

What to do if your immigration petition is rejected?

As well, if your immigration petition is rejected or if the Department of Homeland Security or USCIS accuse you of doing something illegal, a US immigration attorney is very important; he or she can help you prove your innocence. Post navigation.

Can I apply for a green card without an attorney?

You can even apply for a green card or for citizenship this way, without the services of an attorney. If you have trouble completing the forms or understanding the forms, there are many resources to help you. Some communities have organizations that help newcomers and these organizations often can offer language help that lets you fill out forms ...

Is the immigration process complicated?

The US immigration process is complex and can be intimidating for the newcomer or visitor to the US. While there are many resources to help individuals going through the US immigration process, the process can be so complicated and expensive that many immigration applicants wonder whether they need to hire a US immigration attorney in order ...

Can I apply for citizenship without a lawyer?

The good news is that the USCIS makes it simple to apply for most immigration processes and even citizenship without a US immigration attorney.

Who can get a green card?

Typically, employment-based green cards are given to foreign nationals who have job offers from a U.S. employer. Most of these green cards are sponsored by employers or prospective employers. Both foreign nationals who are already in the U.S. or are outside the U.S. may file for an employment-based visa if they are already working ...

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

Within 30 days of your interview, you will get a notification of approval or denial from the USCIS. If you receive approval notice, you should expect to get your green card delivery some months after that. For a denial notice, however, the notification will state the reason for the denial.

What does it mean if you are not on a marriage based visa?

If the marriage-based immigrant visa is not an option, this means you are left with either employment-based, investment, or special immigrant categories. Before you apply for any of these categories, you will need to consider your area of interest through the lens of the USCIS requirements.

What is an EB-5 green card?

The EB-5 Investor green card is another immigrant option for foreign nationals. This green card is for foreign entrepreneurs who are willing to invest at least $1 million or $500,000 in a U.S. enterprise.

How many green cards are issued in 2016?

Each year, tens of thousands of employment-based green cards are issued out to foreign nationals. In 2016 alone, a total of 140,000 employment-based green cards were issued under various categories of EB immigrant visas. Typically, employment-based green cards are given to foreign nationals who have job offers from a U.S. employer. Most of these green cards are sponsored by employers or prospective employers.

What is the second category of green card?

citizens and permanent residents. The second category is employment-based green cards. The third category is known as a special immigrant green card.

What is the medical examination for green card?

The medical examination is done to show that you don’t have any health condition that may endanger other people’s health in the U.S.

Ways To Get A Green Card

As mentioned above, there are three eligibility categories a foreign national can fall into to get a green card:

How Long Does it Take To Get Green Card

Depending on how you are applying for U.S. residency will affect how long you wait for your application to be processed. First, however, your sponsor will need to file a petition based on the type of green card you are eligible for. Supporting documentation and filing fees will also need to be sent to the USCIS.

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