Green Card Through Marriage Process
So you are in the United States and married to a US citizen or green card holder and want to know if you can apply for a green card in the United States. The answer is yes and no.
If you are married to a green card holder, then the wait time generally is about 2 years before a visa number is available to you and you can get a green card and a different process applies for these individuals which I wont address in this article.
This article is more about individuals who are married to US citizens, and are considered immediate relatives of a US citizen.
Houston Green Card Lawyer – Pegah Rahgozar
Green Card For Spouse
The Rahgozar Law Firm is here to represent you every step of the way in helping your foreign spouse secure a a green card to stay in the United States. Ms. Pegah Rahgozar is a Houston immigration lawyer who can assist you with issues relating to ensuring your foreign spouse obtain a green card, stay and work in the United States. Ms. Pegah Rahgozar and her team will find the best solution that works for you and your family.
From initial determination of you and your spouse’s best options through obtaining your foreign spouse’s green card, Houston Immigration Attorney Pegah Rahgozar will assist you and your family and be the advocate you need by your side. Call Green Card Attorney Pegah Rahgozar at (832) 792-3636.
Pegah Rahgozar represents individuals and families in Houston, and surrounding areas, as well as across the great state of Texas. If your reside outside of Texas or the United States, Pegah Rahgozar can represent you too! We have taken cases and represented individuals and foreign nationals from all over the United States and across the world.
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Eligibility For Marriage Green Card
If you have entered the US legally (by using a visa or border crossing card for example) and you have been inspected and admitted at the port of entry, and are married to a US citizen, assuming no other issues, then you are generally eligible to file for a green card in the US through what is called adjustment of status.
Marriage Based Green Card Denied
Limiting Factors
For anyone who has past deportation history, currently in deportation, entered illegally or through the US of fraudulent documents or by misrepresenting information on their visa or to an officer, then you will definitely need to seek proper legal advice.
See also…Notice Of Intent to Deny.
How Long Does It Take?
Application for permanent residence requires a lot of paperwork, and the process of reviewing can sometimes take years. An experienced green card attorney in Houston will help you prepare the required documents and facilitate obtaining the desired immigration status.
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If your case is straightforward with no issues then you can apply for the green card in the US if you meet the conditions I just mentioned, generally speaking. You file the proper forms, then USCIS issues you receipt notices that they have received your case. And then you are sent a fingerprint notice to get your biometrics taken, so that USCIS can conduct the necessary background and security checks on you.
3 – 6 Months for Work Permit & Travel Document
It then takes anywhere from 3-6 months on average to get a work permit and travel document, if you have applied for those along with your green card application.
Spouse Interviews in 6 – 8 Months
Each USCIS is different in how quickly they process cases. Some places may be ready to interview the two spouses within 6-8 months whereas other places, such as Houston are seeing over 1.5-2 year wait times for interviews.
Preparing For The Interview
When you attend the interview, it is very important that you are prepared for the sorts of questions that will be asked and documents that they need. After the interview, the officer will make a decision on your case, and if you are approved, then you get your green card.
Type of Marriage Green Card
10 Year Marriage Green Card
The type of green card you receive will depend on how long you have been married on the date the officer makes their decision, which is usually the date of the interview. If you have been married more than 2 years at the time of the interview, and are approved for your green card, you will receive a 10 year green card.
2 Year Marriage Green Card
However, if you have been married less than 2 years at the time of the interview, and are approved, you are still considered a permanent resident, but you will only receive a conditional permanent resident card which is valid for 2 years. Prior to the expiration of the card, within the 90 days before the card expires, you must file to remove the conditions of your green card to be eligible to receive the 10 year green card.
It is important that you continue to document your marriage once your receive your green card up until you file to remove the conditions of the card.
See also…Green Card for Domestic Violence Victims.
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Removal of Conditions on Green Card
Form i-751
Sample i-751 Filled Out
USCIS has issued a policy memo that provides guidance to USCIS officers on when to consider waiving the interview requirement for Form I-751, Petition to Remove Conditions on Residence. This memo went into effect on December 10, 2018 and applies to all Form I-751 petitions received on or after December 10, 2018.
Conditional Permanent Residents
Foreign nationals whose qualifying marriage to their petitioning spouse is less than 2 years old at the time of admission or adjustment of status will obtain lawful permanent resident status on a conditional basis. These foreign nationals are considered conditional permanent residents. Qualifying children of these individuals may also obtain conditional permanent resident status.
Removing Conditions on Green Card After 2 Years
To avoid having their status terminated after two years, conditional permanent residents must request that USCIS remove the conditions on their lawful permanent resident status by filing Form I-751 either jointly with their petitioning spouse/stepparent or individually through a request for a waiver of the joint filing requirement (waiver request). The request for waiver of the joint filing application (without your spouse) can be based on one of the following grounds:
- You entered the marriage in good faith, but your spouse subsequently died; or
- You entered the marriage in good faith, but the marriage was later terminated due to divorce or annulment; or
- You entered the marriage in good faith, but you have been battered or subject to extreme cruelty by your petitioning
spouse; or - Your conditional resident parent entered the marriage in good faith, but you have been battered or subject to extreme
cruelty by your parent’s U.S. citizen or lawful permanent resident spouse or by your conditional resident parent; or - The termination of your status and removal from the United States would result in extreme hardship.
If you have failed to remove the conditions on your permanent residence and have not yet been placed into immigration court proceedings, talk to a highly trusted and competent Houston immigration attorney (832) 792-3636 to see what your options are and whether you will face any long-term ramifications. Time is of the essence in these situations so get advice immediately!
When submitting Form I-751, conditional permanent residents must submit the required initial evidence that establishes the bona fides of the marriage and that the marriage was not entered into for the purpose of evading the immigration laws of the United States.
As part of the Form I-751 process, conditional permanent residents must appear for an interview. The Interview provides the USCIS officer with the opportunity to verify information contained in the petition or application, as well as the opportunity to discover new information that may be relevant to the adjudication of the I-751 application or to determine the credibility of the individual seeking to remove the conditions on his or her lawful permanent resident status.
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USCIS, however, may waive the requirement for an interview and adjudicate the Form I-751 without conducting an interview. This new policy memo for Form I-751 that was published on December 10, 2018 by the Department of Homeland Security explains that officers may consider waiving an interview if they are satisfied that:
- They can make a decision based on the record because it contains sufficient evidence about the bona fides of the marriage and that the marriage was not entered into in order to evade U.S. immigration laws;
- For Form I-751 cases received on or after December 10, 2018, USCIS has previously interviewed the principal petitioner;
- There is no indication of fraud or misrepresentation in the Form I-751 or the supporting documentation; and
- There are no complex facts or issues that require an interview to resolve.
Immigration Fraud & National Security
Cases involving fraud or national security concerns must be referred to the Fraud Detection and National Security Directorate according to local procedures.
If you have reason to believe that you may be deprived of permanent residence, do not hesitate to call the knowledgeable Houston immigration attorney at (832) 792-3636. We will do our best to help you retain your green card.
Marriage Interview Waivers
When determining whether to waive an interview, these considerations apply regardless of whether the Form I-751 is filed as a joint petition or as a waiver of the joint filing requirement.
This policy memo applies to all USCIS officers adjudicating Form I-751 and fully replaces the old June 24, 2005, policy memo that “Revised Interview Waiver Criteria for Form I-751, Petition to Remove the Conditions on Residence.”
Given the current immigration climate and the constant changes in immigration laws, there is no room for mistakes; hence you should apply for highly-qualified legal assistance.
Call Pegah Rahgozar Houston immigration attorney at (832) 792-3636 and we will guide you through all the details of the immigration process, help you collect the necessary documents, prepare an application for permanent residence or to remove the conditions on your permanent residence, hold your hand through the complex and stressful process, and ensure a positive solution to your case.