immigration getting married what the lawyer will need from you

A few offer a free first consultation. Bring along any personal documents that relate to your immigration situation, such as your passport, visa (s), I-94, marriage certificate, records of criminal convictions, and any notices from immigration authorities.

Full Answer

When do you need an immigration lawyer?

The first step of the process of getting a green card through marriage is to submit Form I-130 to U.S. Citizenship and Immigration Services (USCIS). This form will essentially establish to the government that a valid, bona fide marriage exists. The spouse filing the I-130 is called the “petitioner” or “sponsor.”.

Can you marry anyone you like if you are an immigrant?

Yes, the immigration law of 1996 outlines financial requirements for U.S. citizens who marry non-U.S. citizens who will apply for a green card. The U.S. citizen will need to fill out a Form I-864 Affidavit of Support, which proves the ability to support the immigrant at a level above the U.S. Poverty Guidelines.

Can an immigrant spouse apply for US citizenship?

Do You Need An Immigration Attorney? If you fell in love and are planning on getting married when you come to the U.S., hiring an immigration attorney at the right time from the very first beginning can have a huge impact on the process’s efficiency and success.

How can I help my spouse get a green card?

There are numerous situation in which you’ll need an immigration lawyer’s help--or will save yourself a lot of time and frustration by getting it. By Ilona Bray , J.D. You are not required to have a lawyer when applying for an immigrant visa or green card in the United States or overseas.

What documents does an immigrant need to get married?

The documents required for a marriage green card vary by situation but generally include the following:Birth 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 does immigration look for in a marriage?

USCIS wants proof that you and your spouse have a real relationship — that you communicate and engage in activities together. Examples of such proof include: Copies of: Travel itineraries for vacations you took together, especially to the home country of the spouse seeking a green card.

What questions does immigration ask about marriage?

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 can be used as proof of relationship?

The best proof of relationship is a certified copy of the civil or religious birth record of the person filing for benefits showing the parents' names. When the relationship involves a legally adopted child or the parent of a legally adopted child, the best proof is a certified copy of the decree or order of adoption.Dec 13, 2018

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.Feb 6, 2018

Does immigration check your house?

Immigration officers may not enter your home unless they have a “warrant.” A warrant is a document issued by a court or government agency. There are two types of warrant — one for when they are coming to arrest you, and another for when they have permission from a judge tosearch your home.

Can immigration check your Facebook?

The short answer is no, USCIS officials will no longer look through your social media accounts before they approve your green card petition. The short answer is no, USCIS officials will no longer look through your social media accounts before they approve your green card petition.Mar 4, 2021

How can I pass my immigration marriage interview?

7 Tips To Pass Your Immigration InterviewArrive on time. ... Wait for your Attorney. ... Dress appropriately. ... Listen to the Questions Asked and Respond Appropriately. ... Bring an Interpreter. ... Bring a set of original documents and a duplicate set of copies. ... More is better than less.

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

USCIS 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.Dec 4, 2020

Does immigration investigate marriage?

The USCIS has the discretion to suspect and subsequently investigate a marriage that may bring immigration benefits to analien. If the USCIS has reasons to suspect that the marriage is a "sham marriage", the USCIS officers have the authority to investigate.

What evidence is needed for fiance visa?

Proof of citizenship for the U.S. citizen fiancé (copy of a passport, certificate of naturalization, or birth certificate) Copy of the sponsored fiancé's passport. Proof of the legitimacy of the relationship (photos, correspondence, sworn statements from friends and colleagues, etc.)

How do you prove your partner?

What documents can you use to prove your relationship?A written statement detailing your relationship with your partner.Your marriage or civil partnership certificate if you have one.If you or your partner have had a previous marriage or civil partnership you will need to provide divorce certificates.More items...

Can I Marry a Non-U.S. Citizen?

Yes, you can marry anyone you like, unless it happens to violate local laws. Some U.S. states, for example, don't recognize a marriage between clos...

Can I Marry My Gay or Lesbian Partner (of the Same Sex)?

Yes, as of 2013, when the U.S. Supreme Court overturned a piece of federal law called the Defense of Marriage Act (DOMA), same-sex marriages are tr...

Will My Immigrant Spouse Become a U.S. Citizen Automatically?

Sorry, but no. An immigrant who marries a U.S. citizen must apply for a green card (U.S. permanent residence). This is a long process involving man...

We're Not Married Yet: How Can My Fiancé Get a Fiancé Visa?

A fiancé (K-1) visa grants permission to a non-U.S. citizen who is engaged to marry a U.S. citizen to enter the United States for the purpose of ge...

Are There Any Regulations About Our Finances and Income Levels?

Yes, the immigration law of 1996 outlines financial requirements for U.S. citizens who marry non-U.S. citizens who will apply for a green card. The...

What If My Fiancé Overstayed a Visa or Is 'Out of Status'?

The process of helping a spouse immigrate is much easier for citizens than green card holders. That's partly because a visa is immediately availabl...

What Forms Do I Need to Complete?

That's a complicated question, the answer to which depends on various factors such as whether you're married yet, whether the immigrant lives in th...

Should I See a Lawyer?

If you're confused or intimidated by the information above, you've probably already got an idea of why contacting an immigration attorney might be...

How to get a spouse's green card?

The immigration attorney can help you: 1 figure out your spouse's basic eligibility for a visa or green card 2 make sure some bit of history or problem of status won't impact his or her right to apply for the green card 3 prepare the immigration forms and gather the correct documents 4 prove the legitimacy of your relationship and marriage, and 5 attend your immigration interview (s).

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

After successfully obtaining a green card, the immigrant spouse can, after three years as a permanent resident, apply for U.S. citizenship. (This assumes that you're still married and living together when the immigrant applies. If not, the waiting period changes to five years.)

How long does it take to get married on a K-1 visa?

Once the fiancé visa is issued, the immigrant has six months in which to use it to enter the U.S., and then another 90 days in which to get married.

Do immigration attorneys charge flat fees?

Unlike some types of attorneys, immigration attorneys often charge flat fees for basic services such as assistance with obtaining a marriage-based green card . That means you won't have to worry that the hours will tick by and you'll end up paying a million dollars in legal fees.

What can an immigration attorney do?

An immigration attorney can help the employer and worker decide which visa best suits the employer's needs and the worker's qualifications. Similar issues might come up in family-based or other types of visa situations.

Do lawyers have power?

Lawyers do not have a lot of power in such circumstances. But at least the lawyer might have access to inside inquiry lines, where they (and only they) can ask about delayed or problematic cases. Even lawyers frequently have trouble getting answers to such inquiries, but it's often worth a try.

Do not sell personal information?

Do Not Sell My Personal Information. You are not required to have a lawyer when applying for an immigrant visa or green card in the United States or overseas. If you have a straightforward case, are clearly eligible for the benefit you seek, and have no record of crimes or negative run-ins with immigration authorities, ...

How to get married to a foreigner?

If you are a U.S. citizen or lawful permanent resident who intends to get married to a foreign-born person overseas, there are a number of issues you should plan around, such as: 1 researching that country's laws regarding whether you will be allowed to marry there and, if so, what constitutes a valid marriage 2 if your foreign-born spouse intends to apply for a U.S. green card, how to get the appropriate documentation of your valid marriage, and 3 whether the U.S. citizen petitioner will return to the U.S. in time to act as a financial sponsor for the immigrant (which requires showing U.S. residence).

Do you have to set a wedding date before you know?

Don't set a wedding date before knowing, for example, whether the country where you plan to marry in requires that you stay there for a minimum period of time first; or pack your bags before learning whether you need to obtain a particular type of visa or bring your birth certificate or other documents.

How long can you travel without a visa?

Visa-free travel is allowed for trips of up to 90 days and permissible activities include getting married and tourism (honeymooning). You must have been granted your ESTA approval before you travel.

How long does an ESTA visa last?

The B-2 visa permits and is usually granted for a maximum period of 6 months.

How long does it take to change your status?

Applicants should also note the 90-day rule for adjustment of status. It is not advised to apply to change your staus within 90 days of entering the US on a nonimmigrant, non-intent visa, as immigration authorities can presume fraud and the applicant should expect increased scrutiny of their application.

UPDATE: THE RISK OF FIGHTING DEPORTATION HAS BEEN RAISED

On July 5, 2018, USCIS released guidance about Notices to Appear (NTA). An NTA is the document that Immigration authorities use to initiate removal (deportation) cases. NTAs demand that immigrants must appear before the US Immigration Court.

Written by: Harlan York

Immigration Attorney Harlan York is Former Chair, Immigration Section, NJ State Bar Association and Former Co-Chair, NY State Bar Association CFLS Immigration Committee. Mr. York appeared on National Television on CBS This Morning with Charlie Rose and Primer Impacto on Univision, as well as Telemundo, NBC, and PBS.

What can an immigration attorney do?

An experienced immigration attorney can walk you through the correct steps to apply for work permits, marriage licenses and citizenship, without allowing mistakes that derail your chance to get these crucial documents authorized by the proper parties. 2. They Are Seasoned by Experience.

Why is it important to hire an immigration lawyer?

One of the most important benefits that hiring an immigration lawyer can offer is less tangible than the others. The help of an expert that has experience making immigrants' dreams into realities cannot be understated. You see, it's invaluable to hire someone that's done it before for thousands in the same position as you find yourself now.

Can an immigration lawyer help you?

Immigrants have a more difficult time trying to find legal employment than the average American, let alone a job that earns a competitive salary in the United States. An immigration lawyer can assist you in the process of applying to jobs, interacting with human relations staff, and seeking employment opportunities.

Why is it important to file the correct paperwork?

Filing the correct paperwork is an important part of the processes of acquiring a visa, getting a loved on residence in the United States, and finalizing your marriage to an immigrant, among other procedures. This paperwork is usually extensive and complicated, and without the help of an expert, there are lots of opportunities to make mistakes that sink your entire application permanently.

What is the American dream?

Most immigrants are working towards the American dream - U.S. citizenship. An expert attorney has made this dream a reality for thousands of immigrants, completing their journey to becoming a U.S. citizen.

Is immigration law a process?

As anyone that's gone through the process will tell you, navigating any area of immigration law is not an endeavor you'd want to go through alone. There is an extensive paperwork process that goes along with immigration that even natural-born U.S. citizens would struggle with, let alone immigrants from other countries for whom English is not their first language.