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Green Card Through Marriage

Marriage Green Cards Attorney in Milwaukee, Wisconsin

It’s challenging to live apart from your other half. When you and your partner reside in different time zones, communication becomes difficult since your schedules do not match. Fortunately, this burden can be fixed when U.S. citizens or lawful permanent residents petition for a green card for their spouses.

Our law firm values reuniting families by giving our clients competent and effective legal services. Our immigration attorneys have years of expertise dealing with any immigration issue. If you have one, please contact Miller & Miller Immigration Lawyers, LLC to set up an appointment!

Why Do I Need a Marriage Green Cards Attorney?

Some people might not see the benefit of hiring an immigration attorney. However, if several complications develop in your visa, green card, or U.S. citizenship application, an attorney’s expertise will help you overcome them.

The burden of proof for marriage-based green cards will be on demonstrating that your marriage was entered into in good faith. You will be required to provide proof of this. Furthermore, persons in a young marriage, defined as being married for less than two years, may have a difficult time convincing the USCIS that their marriage is genuine.

Fortunately for you, a family immigration attorney at our law firm, equipped with a strong skill-set and deep knowledge of immigration law, can offer quality legal advice and effective counsel or representation. 

Schedule a consultation with our lawyer today!

Understanding Green Card Through Marriage

marriage green cards attorney WisconsinUnder immigration laws, the spouses of U.S. citizens are called “immediate relatives,” who enjoy an immigrant visa classification that does not have an annual quota for green card issuances.

A person who is married to a lawful permanent resident, on the other hand, may be able to get a green card through his or her marriage. However, unlike spouses of U.S. citizens, spouses of green card holders are subject to an annual quota for green card issuances, which means your spouse may have to wait longer in line to obtain a green card.

Whichever situation you are in, once granted a green card, you may enjoy the benefits of being a lawful permanent resident, such as but not limited to:

  • Being allowed to work and reside in the United States permanently;
  • Apply for federal benefits (e.g., government-sponsored financial aid for education and social security);
  • Access to educational institutions such as Universities or colleges;
  • Become a U.S. citizen.

If you want to be reunited with your spouse, call our marriage green cards attorney in Wisconsin today!

Who Qualifies for it?

Obtaining a green card through marriage is allowed by the USCIS to reunite spouses in the country. A green card by marriage, like any other immigrant visa classification, has qualifying requirements that must be met before such a benefit can be obtained.

In general, you and your spouse (who may be a U.S. citizen or lawful permanent resident) must enter into a legal and bona fide marriage. This implies that your marriage must be legal and recognized by the laws of the state or country where you live. 

Genuine or Bona Fide Intention

Moreover, the marriage must be entered with a genuine or bona fide intention, which implies that the marriage with your spouse must be undertaken because you love them and want to truly make a life with them, rather than for immigration grounds alone.

Moreover, it makes no difference whether the marriage ceremony is held in the United States or abroad, as long as the local laws are followed.

Same-Sex Marriages are now Allowed for Marriage-Based Green Cards

In the case of U.S. v. Windsor, the U.S. Supreme Court overturned the key provisions of the federal Defense of Marriage Act (DOMA), which barred same-sex couples from receiving some government benefits. This was later on reinforced in the case of Obergefell v. Hodges, in which the Supreme Court legalized same-sex marriage in every state and territory in the United States.

With this, a qualified spouse of same-sex marriage can now petition for their foreign spouse in which the application process is similar to that of traditional marriage.

Marrying While There is an Ongoing Removal Proceeding

Suppose you were married while there is an ongoing removal proceeding against you. In that case, your marital status is deemed suspect since the government would believe that the marriage was your last attempt to avoid deportation.

Although you are permitted to marry even if you are facing deportation, you must establish that the marriage was entered into in good faith and not to prevent deportation.

If you find yourself in this scenario and are unsure what to do, contact our Wisconsin marriage green cards attorney, who will give you excellent legal advice on what to do to prove that your marriage is genuine.

What if We’ve Only Been Married for Less Than 2 Years?

The USCIS is very particular when it comes to marriages since it is notorious for being used as a tool to get a green card. In the case where you’ve just only been married for less than 2 years at the time when you file for an immigrant visa, the immigration authorities may raise suspicions. But, it doesn’t mean the foreign spouse cannot get a green card. He or she may do so but will be awarded a conditional 2-year green card rather than an unlimited or full-fledged one.

How Can I Prevent Being Designated as a Conditional Permanent Resident?

There are two approaches you may take to prevent such conditional residence:

  1. Wait at least two years after your marriage before applying for permanent residence status, OR
  2. You may file an I-751 Petition to eliminate residency restrictions.

If you want to pursue the second option, you must file it at least 90 days before your conditional green card expires. Visit the USCIS website to learn more about the requirements for filing I-751.

Are you having a hard time proving your marriage was entered into good faith? Consider getting help from an experienced marriage green cards attorney in Wisconsin.

The Application Process for Marriage-based Green Cards

File Form I-130 (or Petition for Alien Relative)

The petitioning spouse must file this form for the application process to get started. Of course, when filing the petition, you must include all required documents, which can be seen on the USCIS website.Once you send them and receive the USCIS’ approval, the following step will depend on whether the beneficiary spouse is in the United States or abroad.

Consular Processing

This process refers to applying for a visa at a U.S. consulate or embassy. This applies to those beneficiary spouses who live in another country.Once the petition is approved by the USCIS, they will refer the case to the National Visa Center (NVC), which is responsible for processing your immigrant visa to enter the United States.Here are the general steps for immigrant visa processing:
  1. Choosing an agent through filing DS-261.
  2. Pay the appropriate fees.
  3. Submit the requested documents by the NVC. This may include an affidavit of support and financial documents.
  4. Complete and submit Form DS-260 at the Department of State website.
  5. Attending the scheduled interview. 

Adjustment of Status

This applies to those beneficiary spouses who are legally present in the United States. They must file form I-485 to the USCIS together with the required documents, such as birth certificate, proof of immigrant category, government-issued I.D., and more.

Start Your Petition with Our Wisconsin Marriage Green Cards Attorney Today!

Our law office has years of experience in dealing with any immigration case. We also provide legal services for several immigration concerns, including but not limited to drafting immigration appeals, helping our clients throughout the immigration process, providing competent legal advice to visa applications like childhood arrival applications (DACA), a U visa, and more.

Let us fulfill your dream of reuniting with your spouse. Call our immigration lawyer today!

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