Marriage-based green cards represent an obvious step for many American families. If you are an American citizen, you might want to sponsor your foreign spouse to live in the United States. If you are a foreign individual with an American spouse, you may be excited about starting a new life alongside your loved one. Whatever the case may be, it is important to approach your visa application carefully. In the current era, immigration officials are scrutinizing applications for marriage-based visas much more closely. Even a single, small mistake could cause needless delays or a denial. An experienced immigration attorney in Dallas may be able to guide you through this process from start to finish.
The Benefits of Marriage-Based Green Cards in the United States
Generally speaking, marriage-based green cards represent a solid choice for those who want to live and work in the United States. Compared to other types of visas, they have a higher chance of being approved. They are also associated with shorter wait times. This is because this type of visa favors American citizens by allowing them to bring their loved ones into the nation. Other types of visas may not directly benefit American citizens in the same way.
Many spouses who take advantage of this visa program also appreciate the direct pathway toward full citizenship. Within a relatively short period of time, a spouse can go from being a foreign citizen to an American citizen with all of the various rights and privileges that American citizens enjoy. This includes access to government programs (such as Social Security), work opportunities, and much more.
The Exact Steps Depend on the Location of the Spouse
The exact process of applying for a marriage-based visa depends on the location of the foreign spouse. If your spouse is legally inside the United States, you can file all of your forms at the same time. If your spouse is located outside of the United States, you will need to file the first set of forms and then wait for approval. If you receive approval, you can then proceed with further instructions from the consulate or embassy. This is all based on the assumption that the sponsoring spouse is a U.S. citizen.
If the sponsor is a Green Card holder instead, the steps are slightly different. Assuming the applicant is legally living in the United States, you will file your first set of forms and wait for a visa number to become available. From there, you can file an application to adjust your status and become a permanent resident.
If the sponsor is a Green Card holder and the applicant is living outside of the United States, you can also file your first set of forms and wait for further instructions from the local consulate or embassy.
The First Step Is Usually Submitting Form I-130
The first step in this process is to fill out and submit Form I-130. This is one of the most important forms you will fill out during this entire process, and you should approach it carefully. A small mistake could lead to needless delays. As you fill out this form together with your spouse, you should gather various supporting documents. These include your marriage certificate, copies of previous divorce decrees, and passport-style photographs.
If you are a United States citizen and you are trying to bring your spouse to the country, you will need to prove your citizenship by providing a copy of your birth certificate or American passport. If you are a naturalized citizen, you can provide your naturalization certificate instead. Another option is a copy of your certificate of citizenship.
If you hold a Green Card, you will need to prove you are a permanent resident. You can do this by providing a copy of your Form I-551. You might also show a copy of your foreign passport with a stamp that shows you are now a permanent resident.
In the current era, it is also incredibly important to prove that your marriage is legitimate. Immigration officials are wary of marriage fraud, and they are more active in identifying this misconduct than they have been in the past. A copy of your marriage certificate might not be enough.
In addition, you might have to provide proof that you were living together with your spouse before filing your application. This might include evidence of joint ownership of property. You might also show a rental lease agreement with both of your names on it. A joint account could represent evidence of combined finances, further supporting the fact that your marriage is legitimate. Evidence of children together might also clearly show that your relationship is real.
While these steps might seem tiresome, it makes sense to do as much as you can to prove the legitimacy of your marriage as early as possible. Providing these supporting documents could reduce the chances of having your marriage scrutinized during an interview at a later stage of your application.
Medical Examinations and Interviews
If all goes well with Form I-130, you may receive a request to attend a medical examination and an interview. While the medical examination is relatively straightforward, the interview could be more challenging for many spouses. You might need to prepare for the questions you will face, and immigration officials have been asking extremely intimate questions about the marriage as of late. This is a strategy to detect potential marriage fraud.
Can a Dallas Immigration Lawyer Help Me?
While online research may familiarize you with the general process of applying for a marriage-based green card, you may receive more personalized guidance from an immigration lawyer in Dallas. While many of these steps apply universally to all applicants, you may need to adjust your application depending on your unique circumstances. Even after successfully filing your application, you may receive communication from immigration officials and requests for additional information. Your application may also be denied, leaving you unsure of how to proceed. An experienced immigration lawyer can assist with all of this, so contact The Presti Law Firm, PLLC, for more information today.