Dating someone green card marriage
In order to obtain immigration benefits available to a spouse, there must be a valid marriage between the parties. If you prefer a visual guide, don’t miss our complete Marriage-Based Green Card Interview Guide: The husband or wife of a U. citizen is considered an “immediate relative” by law which means they are not held against any quota restrictions for receiving green cards via marriage.
Unlike many other immigration benefits, you can apply for a marriage green card even if you have unlawful presence in the U. To start the process, the citizen would first need to submit Form I-130 on behalf of their spouse and if they entered the U.
This type of in-authenticity is was triggers a red flag, so it’s best to just behave normally. If the number of applicants exceeds the number of available visa numbers, then a backlog will build.
Unfortunately, there is usually a backlog for each marriage base green card category.
Consular processing is when the USCIS issues a visa on approved Form I-130. It’s best to speak openly and honestly when answering. It’s always advised to arrive early (at least 30 minutes prior) to your meeting with a USCIS officer. Dress in professional or conservative attire, as you would for a job interview. Don’t be caught off-guard if you aren’t sure about how to answer a question. While the process may seem complicated or stressful, it’s best to approach the interview with a calm and organized outlook. Assuming you have a bona fide marriage there’s nothing you need to memorize or learn prior to the interview. Check out additional marriage related green card resources, located at the bottom of the page!
The burden of proof to establish the legitimacy of the marriage falls upon the applicant.However, if you wish to avoid a denial, here are some of the common reasons it may occur.If your marriage-based green card petition is denied, the denial letter should include instructions for appealing the decision if that is your decision.To receive a ten-year green card the couple needs to submit Form I-751 within the 90-day period before the expiration of the initial green card.What happens if they divorce before the end of the 2 year period?In relation to green card applications based on marriages to citizens, there are more who fall into the category of marriages to U. In most situations, a marriage is valid for immigration purpose if it is recognized by the law of the state where it occurs. The citizen and the foreign spouse must prove that the marriage is bona fide.However, a marriage that is legally valid may still be disregarded if it is found to be a sham marriage, entered into by the parties to obtain immigration benefits and without any intention to live together as husband and wife. If the citizen and foreign spouse have been married less than 2 years at the time the spouse becomes a permanent resident, a conditional 2-year green card will be issued.In some situations, your children may be candidates for follow-to-join benefits.If you have obtained your green card through an immigrant visa preference level but your children are not permanent residents, you can submit the following items to the USCIS to allow them to join you in the U. without filing a separate petition on their behalf: If you get your green card by marriage denied, the USICIS likely included the reasoning for the denial in the letter.S legally, they can file the I-485 adjustment of status in order to stay within the U. Typically, the spouse will be issued an Employment Authorization Document (EAD) within a 90-day window and in some cases may be approved to travel overseas.If a green card is granted to a marriage that is less than 2 years old, a 2-year time limit will be imposed on the card.