Marriage-Based Green Card Attorneys in Anaheim, California
At Anaheim Immigration Lawyer, we know how important it is for married couples to live together in the United States. If you are married to a U.S. citizen or lawful permanent resident, we are here to help you navigate the marriage-based green card process. Our experienced attorneys provide personalized legal support to ensure that your green card application is filed correctly and that you and your spouse can build your life together in the U.S.
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What is a Marriage-Based Green Card?
A marriage-based green card allows the foreign-born spouse of a U.S. citizen or lawful permanent resident to live and work in the U.S. as a lawful permanent resident. The process involves proving the legitimacy of your marriage and completing the necessary forms and interviews. Once approved, the foreign-born spouse will receive a green card, granting them permanent residency in the United States.
Who is Eligible for a Marriage-Based Green Card?
Spouses of U.S. Citizens: The foreign-born spouse of a U.S. citizen is classified as an “immediate relative,” meaning they are not subject to annual visa limits, making the process faster.
Spouses of Lawful Permanent Residents: The foreign-born spouse of a green card holder falls into the family preference category, which may involve longer wait times due to visa availability.
To qualify for a marriage-based green card, you must provide evidence that your marriage is bona fide, meaning it was entered into for genuine reasons and not solely for immigration benefits.
Key Steps in the Marriage-Based Green Card Process
File Form I-130 (Petition for Alien Relative)
The U.S. citizen or lawful permanent resident spouse must file Form I-130 with U.S. Citizenship and Immigration Services (USCIS). This form establishes the qualifying relationship between the spouses. Supporting documents, such as a marriage certificate and evidence of a bona fide marriage, must be included with the petition.Adjustment of Status or Consular Processing
If the foreign-born spouse is already in the U.S., they may be able to apply for adjustment of status, allowing them to remain in the U.S. while their green card application is processed. If the spouse is living abroad, they will need to go through consular processing at a U.S. embassy or consulate in their home country. Our attorneys will guide you through both processes.Attend the Green Card Interview
As part of the process, you and your spouse will attend an interview with a USCIS officer or consular official. This interview verifies the legitimacy of the marriage and confirms the accuracy of the green card application. We will help prepare you and your spouse for the interview, ensuring that all required documentation is in order.Receive the Green Card
Once the green card application is approved, the foreign-born spouse will be granted lawful permanent resident status. If the marriage is less than two years old, the spouse will receive a conditional green card valid for two years. Before this period ends, the couple must file to remove the conditions and prove that the marriage is still legitimate.
Common Challenges in the Marriage-Based Green Card Process
Proving a Bona Fide Marriage: USCIS closely examines marriage-based green card applications to ensure that the marriage is genuine. We assist you in gathering the necessary documentation, such as joint financial records, lease agreements, photos, and affidavits from family and friends, to prove that your marriage is bona fide.
Visa Availability for Green Card Holders’ Spouses: Spouses of lawful permanent residents may face longer wait times due to visa quotas. We monitor visa availability and ensure that your paperwork is ready when a visa becomes available.
Immigration History Complications: If the foreign-born spouse has a complicated immigration history, such as visa overstays or prior removal orders, it may impact the green card process. Our attorneys will assess these issues and develop a strategy to address them.
Our Approach to Marriage-Based Green Cards
1. Comprehensive Case Review
We begin by carefully reviewing your situation to ensure that you meet the eligibility requirements for a marriage-based green card and assess any potential challenges.
2. Accurate and Timely Filing
Our attorneys help you prepare and file Form I-130 and all supporting documents, ensuring that everything is submitted accurately and on time to avoid unnecessary delays.
3. Interview Preparation
We assist you and your spouse in preparing for the green card interview by reviewing common questions and ensuring that all required documents are in order.
4. Full Support Throughout the Process
From the initial petition filing to the green card interview, we provide continuous support throughout the entire marriage-based green card process, keeping you informed every step of the way.
Why Choose Us?
At Anaheim Immigration Lawyer, we are dedicated to helping married couples build their lives together in the United States. Our experienced attorneys have successfully guided many couples through the marriage-based green card process, offering personalized service and expert legal advice. Whether you are applying from within the U.S. or abroad, we are here to help you every step of the way.
Frequently asked questions
What is a marriage-based green card?
A marriage-based green card allows the foreign-born spouse of a U.S. citizen or lawful permanent resident to live and work in the U.S. as a lawful permanent resident. The process involves proving the marriage is legitimate and completing the necessary forms and interviews.
Who qualifies for a marriage-based green card?
The foreign-born spouse of a U.S. citizen or lawful permanent resident is eligible to apply for a marriage-based green card. U.S. citizens can file for their spouse as an immediate relative, which typically speeds up processing. Lawful permanent residents can petition under the family preference category.
How long does the marriage-based green card process take?
For spouses of U.S. citizens, the process generally takes 10 to 13 months. For spouses of lawful permanent residents, it may take longer, usually between 18 to 30 months due to visa availability.
What documents are required for a marriage-based green card?
You will need to submit proof of your marriage, such as a marriage certificate, and evidence that the relationship is genuine. This could include joint financial documents, shared lease agreements, photos, and affidavits from family and friends.
What is a conditional green card?
If your marriage is less than two years old when your green card is approved, you will receive a conditional green card, valid for two years. Before the two-year period ends, you must apply to remove the conditions and prove that your marriage is still valid.
Can I apply for a marriage-based green card if I’m already in the U.S.?
Yes, if you are in the U.S. on a valid visa, you may be eligible to apply for adjustment of status, which allows you to remain in the U.S. while your green card application is processed.
How do I prove that my marriage is bona fide?
To prove that your marriage is bona fide, you will need to provide evidence such as joint bank accounts, shared leases or mortgages, photos, and affidavits from family and friends that attest to the legitimacy of your relationship.
What happens if my marriage-based green card application is denied?
If your application is denied, USCIS will explain the reason for the denial. Depending on the issue, you may be able to file an appeal, submit a motion to reopen, or reapply with additional documentation.
Do I need an attorney to apply for a marriage-based green card?
While it is not required, working with an experienced immigration attorney can help ensure your application is accurate, supported by the necessary documents, and prepared for potential challenges, reducing the risk of delays or denials.