Marrying a US Citizen – What You Should Know
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We all used to “know” that marrying a US citizen made you eligible to become a US citizen yourself virtually on the way back down the aisle. However true that was or wasn’t in the past, it is certainly not true now.
Getting Your Green Card Through Your Spouse
To become a Lawful Permanent Resident (LPR) based on marriage, you must apply for a marriage-based green card. A marriage green card allows the spouse of a US citizen to live and work anywhere in the United States with permanent resident status unless and until they decide to seek US citizenship. The foreign spouse is eligible to apply for citizenship after three years of achieving LPR status.
Sponsorship for Your Green Card
Your spouse will need to sponsor you for immigration. They must demonstrate their ability to support you and submit an Affidavit or Support, a legal contract stating that they will support you if you cannot find work in the US.
How Long Will It Take?
Although there are no caps or imposed wait times for spousal green cards, it is still not an overnight process. Even with all the moving to the head of the line given to spouses, you will still wait months and perhaps even years for approval of your application. Working with an immigration lawyer can help speed this process along as the experienced professional will assist you in avoiding many common mistakes.
Where Shall I Marry?
Basically, you will get married in the States or offshore. If you get married in the States, you will go through the Adjustment of Status process – which can take a very long time. If you marry overseas, so long as the civil marriage is recognized in the US, you then apply for a spouse’s green card. You will need to be careful of the 90-day rule and avoid applying for a green card within 90 days of entering the US. You will file for a green card, and your spouse will file your sponsorship simultaneously. This process of submitting forms goes through the USCIS and can take months.
When you marry outside the US, you file through consular processing. In this case, you have to file the forms, take a medical exam, and have an interview at an embassy or consulate. Though the process is slow, you will have your green card as soon as you come to the US.
There is also a K-1 fiancé’s visa which allows foreign finance to come to the country for a US wedding and then follow the adjustment of status process. It is often the slowest of all.
Wherever you marry, you need to be sure that there is nothing fraudulent about your marriage. You may not use marriage to jump through immigration. Instead, once you receive your marriage green card, you will have to renew it within two years to prove that the marriage remains valid.
Contact an Immigration Attorney Today
No immigration attorney can, of course, guarantee the speed or success of your marriage-based immigration application. However, the complexities of immigration law and regulation mean that using an attorney significantly increases your likelihood of success. If you are considering marriage-based immigration, contact us to schedule an initial consultation and review your matter. Learn more about how we can assist you in handling your upcoming international marriage.
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I would like to sincerely thank Attorney Justin Burton and PL Kamila Lada for support with my adjustment of status case. I have been working with the firm for over a year now, and I have received nothing short of exceptional services and support throughout various cases for myself and family members. Highly recommend consulting and retaining this firm.
We have been in the dark with our case for over 2 decades, while working with other big firms who just kept me in the dark and sat on our case without making any effort to move it forward until I met the wonderful team at Kriezelman & Burton. AO and JP are truly God-sent angels who with their knowledge, collaboration, sense of direction and outside the box thinking, managed…
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Hay momentos en la vida en los que una familia siente que el mundo se detiene. Nosotros vivimos uno de esos momentos y, en medio de la incertidumbre y el miedo, tuvimos la fortuna de encontrar a la abogada Sheila McNulty y al paralegal Rafael Rodríguez . Nos escucharon con empatía, nos guiaron con paciencia y defendieron nuestro caso con un profesionalismo, una dedicación y una calidad humana realmente excepcionales.…
We would like to take a moment to sincerely thank Khiabett for her exceptional work and dedication in handling my husband’s removal proceedings case. We also want to thank Agata for her great communication during the gathering of all documents. Khiabett we are incredibly grateful for your expertise, guidance, and persistence throughout the entire process. I can't thank you enough for your empathy and standing by me during such a…
Justin Burton is extremely professional knowledgeable and helpful. I’m extremely thankful for his help and patience with my case. I strongly advise to use his services and refer him to anybody in need of legal help. Thank you.
I wanted to share my experience and say that attorney Britney Rivera is extremely competent in her work. I had heard from friends that she was a very strong lawyer, and she certainly proved to be one. She won our case in a very short time, and my family and I are incredibly grateful to her!🌹And a big thank you to her team as well!🌹🌹🌹
Huge thanks to Attorney Matthew for his incredible support on our immigration case! 🙏 He was professional, responsive, and his expertise led to a successful outcome. We truly appreciate his hard work and highly recommend his service.
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