Marriage based green card or visa
Are you an American who is getting married with a foreign national or vice versa? If your answer is yes, your next question will probably be related to filing a marriage based green card or visa for your foreign spouse or fiance(e). As an U.S. citizen or legal permanent resident, you will be eligible to file a marriage based green card or visa for your spouse or fiance(e).
Marriage with a U.S. Citizen or Legal Permanent Resident?
Depending on whether you are a U.S. citizen or permanent resident holding a green card, the application must be initiated by the U.S. citizen or permanent resident spouse or fiance(e) and he/she will be the Petitioner of the petition. The requirements and procedure and processing time are different for both U.S. citizen petitioner and permanent resident petitioner. For a marriage based green card, the processing time is generally much faster if the Petitioner is a U.S. citizen.
Do I have to proof my marriage or relationship is genuine?
Absolutely! The United States Citizenship and Immigration Services (USCIS) operates under the assumption that all marriages relating to green card and visa petitions are fraudulent unless proven otherwise. With that assumption, the burden of proof lies on you and your spouse. You must proof that your relationship or marriage is based on a genuine bona fide loving relationship and not for any immigration benefits. Since every relationship is unique, proofing your relationship requires a clear and detailed explanation of your courtship and your ultimate decision to get engaged or married.
Adjustment of Status if you are in the U.S.
If you as a foreign spouse residing in the U.S., you may be eligible to remain in the country while your marriage based green card petition is pending and adjust your status once it is approved. Adjustment of status is generally an immigration option if you are in the United States with a valid visa such as a employment based visa or student visa.
There are special rules if you are in the U.S. as a tourist, overstayed your visa or entered the U.S. illegally. In those cases, the applicable immigration laws are complex, please contact us for a consultation to discuss how we can help you to maximize your chance of getting your marriage based green card.
Removal of conditions after issuance of marriage green card
If you file for your marriage based green card within 2 years of your marriage, you as a foreign spouse will become a “Conditional Resident”. All marriage based green cards that are granted within 2 years of your marriage is conditional. Upon the 3 year anniversary of becoming a conditional residence, you will be eligible to file for a petition called “Removal of Conditions”.
Learn more about Removal of Conditions
Divorce After Green Card through Marriage
While marriage is meant to be for life, a divorce after green card may be an inevitable decision. If you are foreseeing a divorce or have already gone through the process and fear that you may lose your green card status (conditional or unconditional residency), you should seek professional help from an experienced immigration lawyer or law firm. Getting a divorce or being a divorcee doesn’t always mean you will lose your green card status. It depends on many factors such as the timing and circumstances of your divorce, please contact our Chicago based Immigration law firm today.
Learn more about Divorce after Green Card
Why hire us?
We have extensive experience and excellent track record helping engaged and married couples with their visa and green card petitions. With over 25+ years of experience, our lawyers have successfully represented over hundreds of marriage based petitions for clients within the U.S. and over the world. We understand and relate to our client’s background as our legal team is extremely multi-cultural consisting of Chinese, Puerto Rican and Mexican decedents who are experienced licensed immigration lawyers and legal assistants. If you are looking for an experienced Chicago based immigration lawyer or law firm to represent you and your spouse for your K-1 visa or marriage green card, please contact us today.
