which lawyer is required for marriage through 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.

Full Answer

Who is responsible for filing a marriage-based green card?

The cost involved with obtaining a green card through marriage varies depending on your age and immigration circumstances. The USCIS lists the green card fee cost as: $535 for the I-130 petition. $85 biometrics services fee. See this chart under “Special Instructions” for the cost of filing the I-485 application.

Can a US citizen apply for a marriage green card?

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 ...

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

Upon approval, you will receive your permanent green card. File Your Marriage-Based Green Card with SelfLawyer. Get immigration attorney review, online application with USCIS and same day filing with SelfLawyer. Start your marriage-based green card now.

What are the rules surrounding marriage and green cards?

What are the legal requirements for a green card marriage?

To qualify for a marriage-based visa or green card, you must be legally married. A legal marriage is one that is officially recognized by the government in the country or state where you were married. This usually means that an official record of your marriage was made or can be obtained from some government office.

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

$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.

What is the process of getting a green card through marriage?

But first, we'll go over the timeline and cost of applying for a marriage-based green card.Marriage-Based Green Card Timeline.Marriage-Based Green Card Cost.Establish the marriage relationship (Form I-130)Apply for the green card (Form I-485 or Form DS-260)Attend the green card interview and await approval.More items...

Is marriage the fastest way to get a green card?

A marriage-based green card can be one of the quickest ways to obtain permanent residence. The marriage alone doesn't provide any immigration status to a foreign national.

How long does a marriage green card take?

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.

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

Spouses of U.S. If your spouse is a U.S. citizen and you currently live in the United States, it takes on average 21-38 months to get a marriage-based green card. Spouses of U.S. citizens living in the United States can file their I-130 and their I-485 at the same time.

Can you work while waiting for a marriage green card?

No, you are not allowed to work while your I-765 is pending. However, if you receive a job offer and your I-765 is pending, it is best to be transparent with the employer and tell them that you can only begin working when USCIS has approved your form.

Who gets a 10 year green card?

If you got your residency through your employer or your parent or adult child or brother or sister you will be issued the regular 10-year card. Also if you get residency through marriage and have been married more than two years at the time you are granted then you also will get the regular 10-year card.

Can I divorce after green card?

If you already have a green card and are a permanent resident at the time of the divorce, the divorce should not change your status. However, the divorce may force you to wait longer to apply for naturalization. In this case, you would need to wait five years, rather than three.

How long after marriage can I become a U.S. citizen?

You don't have to wait until you've had a green card for five years to apply for citizenship through the process known as naturalization. Assuming you stay married to and living with your U.S. citizen spouse the whole time, you can apply for citizenship three years after obtaining a green card.

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.

Why you need a lawyer to get a Green Card through Marriage

People always ask me, “Do I need a lawyer to get a green card through marriage?”

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.

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 the most common document for marriage?

Proof of marriage. The most common document is a marriage certificate.

What form do I need to apply for permanent residence?

If the immigrant meets these three eligibility requirements then he or she will need to complete a Form I-485 , the Application to Register Permanent Residence or Adjust Status.

What is an immigrant in the US?

Immigrant is physically present in the United States and will remain physically present throughout the Adjustment of Status process; Immigrant entered the country legally. This means the immigrant entered the country with required documentation and was approved entry by USCIS; and. Immigrant has an approved Form I-130.

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.

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.

Is a common law marriage considered a green card marriage?

immigration law. Common-law marriages can be recognized as a legal green card marriage.

What documents do you need to prove a marriage ended?

You will have to present the official documents to prove that the marriage ended, such as a death or divorce certificate.

How old do you have to be to marry?

In the United States, each of the 50 states establishes its own marriage rules. For example, in some states you must be 18 years of age to marry, while in others you can marry younger if you can have the consent of your parents. If you and your spouse are related by blood, you will also need to do some research. You will find that all states prohibit a person from marrying a sister or brother (sibling), half sibling, parent, grandparent, great grandparent, child, grandchild, great grandchild, aunt, uncle, niece, or nephew. Some states have additional prohibitions, such as on marrying a first cousin.

Can my spouse lose his green card?

The fact that your spouse has a green card now does not, however, guarantee that he or she will have it forever. Permanent residence can be lost, for example, if the person makes his or her home outside the U.S. or commits certain crimes or other acts that cause USCIS to begin removal proceedings and order the person deported. If your spouse were to lose permanent residence before you had finished the application process for a green card (which will likely take years), you would also lose your right to immigrate through the marriage.

What is a lawful permanent resident?

A lawful permanent resident is someone with a legally obtained green card. This means that the person has a right to live in the United States permanently and may eventually become a U.S. citizen. Spouses of permanent residents are eligible for a green card.

What documents can be used to prove citizenship?

People who are U.S. citizens may have different types of documents that prove their status, such as a birth certificate, a U.S. passport, naturalization certificate, or a certificate of citizenship. Any of these can be used as proof of status for immigration purposes.

Is a marriage license the same as a marriage certificate?

Also, a marriage license is not the same as a marriage certificate, although the license can serve as the certificate in some places if you've signed it in front of witnesses.

Do you have to attend a wedding ceremony?

But both you and your spouse must have actually attended your wedding ceremony. So-called "proxy" marriages, where another person stands in for the bride or groom, are not recognized by the U.S. government unless the couple later consummates the marriage afterward, meaning they have sexual relations.

What is a spouse on a green card?

They are: The Sponsor/Petitioner Spouse: This is the spouse who is an American citizen or permanent resident in the U.S. The Beneficiary Spouse: This is the spouse seeking to become a permanent resident through ...

What is the first step in filing a marriage based green card?

This is the first step in filing a marriage-based green card. The purpose is to establish that a valid marriage exists between you and your spouse. The petitioner or sponsor of the application must be a citizen or permanent resident in the U.S.

What is the medical exam for green card?

The USCIS requires all beneficiaries to undergo a medical examination which can only be performed by a USCIS- designated physician. After the examination, the doctor will give you the result in a sealed envelope on the I-693, which you are to submit at your green card interview.

What is a green card sponsor spouse agreement?

government. It is an affidavit showing that you have income and/or assets that is enough to take care of your beneficiary spouse.

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

compared to someone who is overseas. However, if you file all required forms and provide all necessary documents, the entire process may take 7–10 months after you submit your application.

What to do if your spouse has changed your name?

If you or your spouse has ever changed names, you are to present documents showing the change. For a name change by marriage, your marriage certificate will suffice. If it wasn’t for marriage purposes, you will need to show a court order as proof.

What forms do I need to file for a spouse?

If you, the beneficiary spouse, are in the U.S. on another immigrant status, you will need to file an I-485 form. This is to prove to the USCIS that, by virtue of the valid marriage between you and your permanent resident/citizen spouse, you have met the eligibility requirements to adjust your status to become a permanent resident in the U.S. The I-485 contains several background-checking questions. The I-130, I-130A, and I-485 forms can be filed at the same time by applicants who live in the U.S.

Why do lawyers hold special meetings?

Lawyers' associations hold special meetings just to discuss the latest ways of contacting someone within the immigration bureaucracy when something like this goes wrong. (The government doesn't make it easy.) Without a lawyer's help, you might spend hours on hold waiting to talk to an immigration customer service officer, only to be told by someone who has no actual access to your file that your case is "pending."

Can you be inadmissible for a visa?

All it takes is one past visa overstay, criminal conviction, serious health problem, or job loss to make a person " inadmissible ," thus requiring extra effort in convincing the immigration authorities to approve the application.

Is it better to be knowledgeable about a lawyer?

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.

Is legal representation worth it?

As with any legal representation, there are fees to pay. But when you consider the time and headaches saved, it can be well worth it.

Can you prepare a case yourself?

But when it comes to actually preparing the whole case yourself ... yes, some people have done it, and succeeded. If you really can't afford any other option, there are resources to help you, such as the articles found, and the books mentioned on, this site.

Who needs to sponsor a foreign spouse?

A U.S. citizen or a lawful permanent resident sponsoring a foreign spouse needs to assure the U.S. government that the immigrant spouse will be financially supported if needed.

What is the minimum income for a green card in 2021?

Updated Apr. 22, 2021. For a spouse who will sign the Affidavit of Support for a marriage-based green card, the minimum annual income requirement is $21,775.

Do you have to meet income requirements to be a sponsor?

You must meet certain income requirements (whether you are a sponsor, a joint sponsor, or a substitute sponsor).

Can you use household members' assets to meet income requirements?

Not just your assets, you may also utilize your household members’ assets to meet the income requirements, provided they meet the following requirements: They are related to you by birth, marriage, or adoption.

Can a foreign spouse contribute to a green card?

However, in this case, the foreign spouse can contribute his/her income to meet the requirements only if the income continues to come from the same source, once the foreign spouse obtains a green card.