Do I Need a Lawyer to Apply for a Green Card Through Marriage?
An individual receives a green card upon becoming a legal resident of America. It is an important permit that certifies a person’s eligibility to live and be employed in any location within the United States. If someone possesses this, they can remain in the US for as long as they’d like to and don’t need to request specific authorization to change occupations or companies.
Non-citizens of the United States are granted an indefinite resident permit in the state where they reside. They will also be able to take advantage of various opportunities that are available to American citizens. Therefore, we can say that if we would like to immigrate to the USA, we can apply for this right as long as it is legally done.
However, it is sometimes confusing or complicated for us to accomplish this since the government is very strict with documents. Indeed, it is also possible to manage the paperwork with the help of your acquaintances, but it would be tough. That’s why I suggest you consult a lawyer in your area, especially when you are acquiring a green card through marriage.
What’s a Green Card?
It is slang for the identity card that the U.S. Citizenship and Immigration Services provides for permanent residency. This enables an individual to apply for the citizenship process while living and working in the United States. After that, the holder will become an indefinite resident and be eligible for most, but not all, of the privileges accompanying citizenship.
The government grants about a million permits annually. 9.1 million of the estimated 13.9 million holders who have legal status in the USA in 2019 were qualified to apply for citizenship. Three categories are typically assigned a status, which comprises:
- Those who obtain new ones but already hold one,
- Family members of citizens or long-term residents, and
- Employees with valid work permits or visas.
Those who are 18 years of age or older and permanently settled must always carry this, or else they risk fines and/or jail time. A $100 fine or a minimum of thirty days in jail are the usual penalties. This needs to be reapplied after ten years while individuals who acquire legal status through investment or marriage are required to submit a petition to withdraw their conditional residency ninety days before it ends.
How to acquire this through matrimonial?
The processing period is 9.3 months as of January 2024; go to https://usafacts.org/articles/how-many-people-have-received-a-us-green-card/ for some factual updates. The application fee is $1200 if one or both spouses are foreign nationals, and $1760 if the couples are residing in the United States.
The procedure to obtain this consists of three steps:
- The spouse, who is a citizen of the United States, will file Form I-130 to formalize the marriage.
- If you are a foreign national living overseas, submit Form DS-260; if you are a resident of the United States, submit Form I-485 for adjustment of status.
- Show up for the interview and wait for confirmation.
For aspiring candidates residing in the US and outside, this thorough guide outlines the full process. But first, let us talk about the paperwork needed, the processing time, and the application fee for cards based on marital status.
Supporting Documents for a Marriage Green Card
This is a short list of documentation that you should start obtaining as soon as the procedure begins. The applicant needs to be able to complete them to avoid delays and disqualifications.
- Marriage license or certificate issued by law
- Divorce paper, if it is relevant
- Evidence of lawful entrance into the United States (Beneficiary)
- Certificate of birth (beneficiary)
- Credentials from the U.S. nationality (Sponsor)
- Proof that your conjugal is genuine
A lawyer could be able to assist you if you’re trying to obtain this in the United States or if you want to sponsor a family member as well as a coworker. You can always call or visit a law firm for consultation.
Can my spouse, who received a green card through marriage, apply for citizenship?
After three years in the union, legal residents who are married to a national of the United States may usually start the naturalization process by submitting Form N-400. This is alternatively regarded as the “three-year rule.” This is only applicable to individuals who obtained approvals through marital and is distinct from the five-year regulation that applies to the majority of other holders.
You have to be a resident of the USA for three years or more before submitting your request for citizenship to be eligible. Throughout the three years, you have to spend at least a year and six months of your time physically in the state. You must be residing with your spouse, who is a citizen, and have shown “good moral character” during your stay in the nation.
You also need to fulfill all the other fundamental requirements for naturalization. If you’re interested in learning about the steps involved in becoming a citizen of the United States, find an advisor or attorney to help you comprehend the complete naturalization process. Look at this for further reading.
Do I Need a Lawyer to Apply for a Green Card Through Marriage?
It is not necessary, however, hiring legal counsel during the application procedure might be beneficial. They provide two distinct service choices. First, application advice with legal assistance. Second, application support in more straightforward circumstances.
A lot of people decide to obtain this by consulting with an attorney. This is frequently due to the application process’ length and level of complexity. You can get all the forms you need for the interview filled out and filed by your legal representative.
To help the attorney complete your application, you will need to provide supporting documentation. He will advise you as to what kind of supporting records you require. Certification of your matrimonial to a citizen or lawful permanent resident, evidence of the dissolution of previous marriages, and kids’ certificates are some examples of the material that may be included in this file.
