Marriage Green Card Attorney in St. Charles, Missouri
Every year, people find love in different parts of the world and wish to start a life together, eventually marrying each other. Of course, making a life together involves living under the same roof, which they may call home. If you are married to a U.S. citizen or a lawful permanent resident, you can achieve this by getting a marriage green card. A reputable marriage green card attorney in Missouri can provide you with legal assistance to ensure you are taking the right steps towards obtaining a green card through marriage.
Our Missouri law office has years of experience helping families to be reunited with one another in the United States. We, at Gateway Immigration Law Firm, have assisted and guided them throughout their application process, ensuring that their petition would not face any hurdles or, if it did, that they could recover immediately.
How Can a Missouri Marriage Green Card Attorney Help Me With My Application?
The issue with marriage green cards is proving that your marriage is genuine. For many years, individuals have attempted to come to the United States through family immigration. The USCIS discovered that in certain situations, marriage was merely exploited as an immigration tool. As a result, the USCIS closely examines anyone attempting to get a green card through marriage.
You must present documents that establish your relationships, such as insurance policies, birth certificates for all children born to you and your U.S. spouse, joint bank accounts, jointly filed federal tax returns, and more. The problem lies when you do not have these documents. You’ll need to figure out what other alternatives you can provide.
Trusted Marriage Green Card Attorney in Missouri
In this kind of situation, the help of a Missouri immigration lawyer can be a lifesaver. They provide legal advice on which document you should provide if you are having a hard time acquiring the generic documents, or assist when your application is denied.
Fortunately for you, our immigration law office has been helping clients with immigration issues for years, from obtaining an immigrant or nonimmigrant visa to providing legal defense while facing deportation. Our years of expertise made us qualified to serve as your legal counsel.
What is Green Card Through Marriage?
When a married individual migrates to the United States, or a U.S. citizen marries a foreign national, they desire to be able to live permanently with their other half. Luckily, the immigration system values reuniting families by providing them a permanent residency in the country.
This green card is comparable to those gained through employment, humanitarian programs, or other means, which also enjoy similar benefits. However, among the numerous advantages of holding a marriage green card is the follow-to-join benefit.
A follow-to-join benefit allows the spouse or child of those recently approved permanent residents to get a green card without having to file a separate Form I-130. This means that you need to inform the local U.S. consulate (where your spouse or child resides) and submit the requirements so that your spouse or children can apply for an immigrant visa. As a result, they won’t have to wait long for a visa number to become available.
It should be noted, however, that this is only possible for people who obtained their marriage green card through preference classification.
Do you want to know how to take advantage of this? Set up a consultation with our Missouri marriage green card attorney to guide you in your application.
Who is Eligible for a Green Card Through Marriage?
To be eligible, one must be married to a U.S. citizen or lawful permanent resident. The marriage must be legal and entered into in good faith, which implies that the law recognizes the marriage and that it occurred for reasons other than immigration.
The USCIS has documented cases of immigrants entering into marriages only for the sake of immigration. The immigration law and authorities strongly oppose this since it undermines the purpose of marriage.
Every newlywed couple wants to live together under the same roof, but this is not as easy if one spouse is not a citizen or permanent resident of the United States. While the USCIS does not specify how long you must be married to qualify for a green card, the USCIS may place you under a conditional green card if you have only been married to your spouse for less than two years.
A conditional green card (also known as a conditional residence) is a form of green card that only allows you to stay and work in the country legally for two years. While you officially have a green card, it is only on a conditional basis.
You can, however, remove such conditions by filing Form I-751 (or Petition to Remove the Conditions of Residence) to the USCIS. Remember to file this within 90 days before your conditional resident card expires. If you fail to do so, you will be tagged as an undocumented immigrant.
To avoid losing your legal status, contact our Missouri marriage green card attorney within 90 days.
When the United States Supreme Court overturned portions of the federal Defense of Marriage Act (DOMA) that barred same-sex couples from receiving immigration benefits, it opened the door for same-sex couples to enjoy immigration benefits, which were later reinforced by legalizing same-sex marriage in the country. As a result, same-sex couples can now seek their other half’s green card.
Marriage During Removal Proceedings
While it is known that the USCIS is very particular in determining whether the marriage is bona fide, marrying someone while there is an ongoing removal proceeding is permissible, but you will have a difficult time establishing that the marriage was genuine and was not done to simply avoid deportation.
How Do I Apply for Green Card Through Marriage?
File Form I-130
The petitioner or sponsor must file the form to the USCIS, together with the required documents, either by mail or online.
Here are the required documents that need to be attached to the form:
- Photos of you and your spouse. (Refer to the form for further specification of the photo);
- Civil Marriage Certificate;
- Any document (for example, death certificates, annulment, or divorce decrees) demonstrating that past marriages were lawfully ended;
- If your or your spouse’s name has changed, you must give any documents (e.g., court papers concerning the name change, marriage certificates, divorce decrees, adoption decrees) demonstrating the name change;
- Evidence of citizenship (for U.S. citizens) or immigration statuses (for green card holders), such as a U.S. passport, birth certificate, naturalization certificate, green card, or foreign passport (it must show a stamp indicating temporary evidence for permanent residence)
Apply Through Consular Processing or Adjustment of Status
Once the petition has been approved by the USCIS, you can now apply for a marriage green card. You will apply for your green card through the following channels, depending on where you presently reside:
- Consular processing (if outside the United States). You will have to go to your local U.S. embassy or consulate to apply for a green card. In general, the NVC (National Visa Center) will take over your case and process your application.
- Adjustment of Status (if inside the United States). You must file form I-485 (also known as Application to Register Permanent Residence or Adjust Status) to the USCIS. The address of where you should file your form will be dependent on your eligibility category.
Attend the Scheduled Interview
You must attend the scheduled interview for your application not to be denied. The purpose of the interview is for the immigration authorities to determine whether what you declared in your application is true and complete. So, as much as possible, go over what you’ve declared or written. Inconsistent responses may cause doubts about you and your intentions.
How Can I Appeal My Marriage Green Card Application if it was Denied?
The USCIS will always send you a notification whether your application was approved or denied. In that notice, the USCIS will give the reason/s why your application was denied as well as how and when you may file an appeal. In general, your appeal will be sent to the Board of Immigration Appeals.
When your application is denied, get help from a Missouri marriage green card attorney who can assess your situation and draft your appeals for you. Don’t allow this opportunity to appeal your application to pass you by. Schedule a free consultation with us today!
Call our Missouri Marriage Green Card Attorney Now!
Ensure the success of your application by enlisting legal assistance from an experienced Missouri marriage green card attorney who has handled different immigration cases. When obstacles that may affect your application arise, they can provide guidance and defense.
Schedule a consultation with us today!