How do I get a green card through marriage?
Posted by jefhenninger
New Jersey Marriage Green Card Attorneys
Thought to be one of the quickest way to receive lawful permanent residence within the United States, is through marriage to a US citizen. Once married to a US citizen, the spouse is considered an immediate relative under the law, which exempts them from any quota restrictions in obtaining a green card through marriage.
The US citizen in the marriage begins the process of achieving a green card for his/her spouse by filling out and submitting a I-130 visa petition. If the foreign national spouse had legally entered the country, an adjustment of status can be filed, also known as a I-485 packet, without needing to leave the country. The spouse will then receive an Employment Authorization Document (EAD) within 90 days, and can possibly be eligible for an Advance Parole document to allow him/her to travel outside of the US.
However, if the immigrant spouse entered the country illegally or without inspection, that spouse may need to apply for the green card while outside of the US. But, they may also be eligible to apply for a provisional waiver while in the US.
In order to receive a green card, the marriage between the US citizen and immigrant must be true and provable. Ways that can help prove the marriage is through a wedding reception where the US citizen’s family is present, both people file their income tax returns together, if the couple has a child together as well as if the couple are both owners of a residence they share.
If the married couple receives a green card when the marriage is less than two years old, there will be a two year time limit set on the green card. The couple will then need to submit a I-751 form 90 days before the expiration of the two year green card in order to obtain a ten year green card. If the married couple divorces before the two year limit on the green card, the foreign national spouse will need to fill out the I-751 form as a good faith marriage waiver for the joint petition requirement instead.
At the Law Offices of Jef Henninger, Esq., our highly skilled, proficient green card attorneys have helped keep couples together legally throughout the State of New Jersey. Our experienced green card lawyers will walk you through the entire process and make sure all the paperwork is filled out completely and correctly before it is submitted to the USCIS. Call us for a free initial consultation with a Middlesex County green card lawyer at 732-383-6242 today!
Posted on March 28, 2013, in Articles and tagged Becoming a Citizen, Common Concerns, Immigration Attorneys in Middlesex County, Marrying US Citizens, New Jersey, New Jersey Green Card Attorneys, New Jersey Immigration Lawyer, United States Citizenship. Bookmark the permalink. Leave a comment.