Get Reunited With Your Loved One With the Help of our Ventura Immigration Attorney
Are you looking for someone who can help you with how to get a green card through marriage Ventura CA? The process can be complicated and overwhelming, but you don’t have to go through it alone. El Camino Inmigracion is here to help.
As an experienced immigration law firm in California, El Camino Inmigracion has extensive experience in helping individuals and families navigate the complex legal system to achieve their immigration goals. We understand the challenges of obtaining a green card through marriage, and we are committed to providing you with the guidance and support you need every step of the way.
Our team of skilled immigration attorneys and legal professionals is dedicated to helping you achieve your immigration goals quickly, efficiently, and effectively. We will work closely with you to understand your unique circumstances and develop a personalized legal strategy that meets your needs. Contact us today!
What is a Marriage-Based Visa?
If you are married to a US citizen or permanent resident, you may be eligible for a marriage-based green card, which is a type of immigrant visa. Although the process can be overwhelming, many couples are qualified for this type of visa.
When you apply for a marriage green card, your spouse who is a US citizen or permanent resident will be referred to as the sponsor or petitioner. In contrast, you, the foreign spouse seeking the green card, will be referred to as the beneficiary.
How to Qualify for a Marriage-Based Green Card?
To be eligible for a marriage green card, your marriage must be legally valid and recognized in the country or region where it occurred. You will need to provide a marriage certificate and show that any prior marriages were legally terminated. Your marriage must also be based on a genuine, loving relationship, not just for immigration benefits.
Same-sex marriages are treated the same as opposite-sex marriages, but domestic partnerships and civil unions do not qualify. Polygamy is not recognized under federal law, and your sponsoring spouse must meet certain requirements to apply for a green card.
What Are the Needed Documents When Applying for a Green Card Through Marriage Ventura CA?
To obtain a green card through marriage, applicants need to provide convincing proof to the United States Citizenship and Immigration Services (USCIS) that their marriage is genuine and not a sham. This requires submitting a range of documents to support the application.
The two key documents that are essential for a green card marriage application are:
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Form I-130 (Petition for Immediate Relative or Petition for Alien Relative)
Form I-130 is a required document for a marriage-based green card application. It is used to validate the marriage and evidence of the marriage’s legitimacy must be included with the form. This may include photographs, joint account statements, insurance policies, marriage certificates, joint leases, and other documents.
The form has a fee of $535 which is part of the immigration fees for the CR-1 visa. After submitting the form, USCIS will respond with a receipt notice within 2-3 weeks. A few months later, USCIS will either approve the application or request additional evidence if they determine that the documentation submitted was inadequate.
The processing time for I-130 varies depending on the USCIS service center processing the application and can take between 8 to 10.5 months for a permanent resident filing for a spouse. If you receive a Request for Evidence (RFE), you can contact our qualified immigration attorney for help.
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Form I-485 (Adjustment of Status)
Form I-485 is a crucial step in determining whether the applicant is eligible for permanent residency status and can receive a marriage green card. To apply for this form, you need to submit it to USCIS along with the required documents and the current filing fee of $1140 plus an $85 fee for biometric services. You will also need to provide supporting documents such as:
- Two recent passport-style photographs of yourself.
- Document issued by the government bearing a photograph. This is typically a copy of your passport.
- USCIS will only accept the long form of the birth certificate.
- Applicants are required to provide proof that they were inspected by an immigration officer and either admitted or paroled into the United States.
- Evidence of your immigration status.
- Certificate of marriage and other evidence of relationship. The applicant must submit a certified copy of the marriage certificate. Additionally, if any of the spouses were previously married, proof of the legal dissolution of the prior marriage must be provided.
- If married to a permanent resident, evidence that the applicant has had lawful status since they arrived in the United States.
- Police and court records. The applicant must provide certified copies of all arrests and convictions.
Furthermore, two additional forms need to be submitted.
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Form I-693 (Medical Exam Results)
To ensure that the foreign national spouse is not prohibited from entering the country due to any medical reasons, a medical examination must be conducted by a doctor approved by the United States Citizenship and Immigration Services (USCIS).
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Form I-864 (Affidavit of Support) and I-944 (Declaration of Self-Sufficiency for Marriage Green Card)
Form I-864 is used to determine if the US citizen spouse can provide financial support to their immigrant spouse by signing an affidavit letter of support. On the other hand, Form I-944 is used to check if the applicant is likely to become a public charge in the future. If this happens, it could result in the applicant being deemed inadmissible.
In addition, some forms can be submitted to show or maintain the foreign national spouse’s ability to work and travel, including:
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Form I-765 (Application for Employment Authorization)
If a foreign national wants to work while their Adjustment of Status case is being reviewed, they can file a Form I-765 along with the Adjustment of Status paperwork. If Form I-765 is approved, they will receive an Employment Authorization Document (EAD) which allows them to work for any employer in any position.
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Form I-131 (Application for Advance Parole)
When a foreign national is applying for a marriage-based green card, they may file Form I-131 along with their adjustment of status paperwork to retain their international travel privileges while their case is pending.
If the form is approved, they receive an Advance Parole Document, which allows them to leave and re-enter the US while their case is pending. If the applicant leaves the US without an Advance Parole Document before their application is granted, they may forfeit their application for a marriage green card.
What is a Green Card Marriage Interview?
The green card marriage interview is the final step in the process. During this interview, a USCIS official will assess whether your marriage is genuine or not. If the officer believes that you are in a bona fide marriage, meaning a real marriage entered into for love and commitment rather than just for immigration benefits, then they will approve the spouse for a green card.
However, if the interviewer is not convinced that you are in a bona fide marriage, they may request additional information through a Request for Evidence (RFE), or they may ask you to wait for a decision or next steps to arrive by mail. Additionally, the officers are allowed to deny a green card at the interview.
How Long Does It Take to Get a Green Card Through Marriage?
Getting a green card through marriage can take anywhere from 8 to 14 months, depending on your situation and country of origin. If you’re married to a US citizen, you’ll be given priority status, which means you won’t have to wait as long as other applicants.
However, you’ll still need to follow the Visa Bulletin priority dates and timeline set by the USCIS. It’s important to apply for your green card as soon as possible unless there’s a specific reason why you can’t. This is because the month in which you apply can affect how long it takes to process your application.
Keep an eye on the Visa Bulletin because it’s updated monthly and could change your processing time. If you have a criminal history or other issues, it could delay your green card processing time. It’s important to be honest throughout the process because lying could cause bigger problems.
After you apply, you’ll receive a number that starts with an “A,” which you can use to check the status of your case on the USCIS website. You can even sign up to receive notifications via text.
What Are the Possible Reasons for a Denied Marriage-Based Visa?
If you’re applying for a green card as a spouse, there are certain reasons why your application could be denied, even if you’re eligible. Here are four common reasons that could result in a denial.
Health Grounds
Before receiving a green card, the beneficiary must undergo a medical exam to ensure they are healthy. If they have certain communicable diseases, or mental illnesses, or have not received the required vaccinations, they may be denied a green card on health grounds.
Because of Criminal Record
If you have been convicted of certain serious crimes, you may not be eligible to apply for a marriage green card. However, in some cases, you can apply for a waiver to overcome this ineligibility. But for serious crimes like drug trafficking, no waivers are available.
Moreover, if you have a background that suggests you may pose a security risk, then you may be denied a green card. For example, if you have previously been involved in activities related to terrorism, espionage, or state-sponsored violence. No waivers are generally given for these types of cases.
Due to Immigration Background
A person may be denied a green card if they violate certain immigration rules such as lying to officials or falsely claiming to be a US citizen. If someone enters the US on a temporary visa and then applies for a green card, the government may refuse their application if they believe they misrepresented their original intentions.
Public Charge Grounds
The government may refuse to give green cards to people they believe will struggle to support themselves and end up relying on public benefits. In the past, the petitioner’s affidavit of support was usually enough to address this concern. Still, with the new public charge rule implemented by the Trump administration, it has become more difficult to qualify.
Now, the government considers the beneficiary’s health, age, employment history, education, and personal assets to decide whether they are likely to need public support.
Why Do I Need an Immigration Attorney for Green Cards Through Marriage in California?
Applying for a green card in the United States is not an easy process, despite what some websites may say. It involves sensitive documentation and can significantly impact your ability to work and live in the country. The application process can take many hours, and even longer if additional information is required.
It can also be challenging and tiring, leading to mistakes that may cost you time and money. While it is possible to do it alone, enlisting the help of our knowledgeable immigration attorney can save you a lot of trouble and prevent errors that could harm your chances of getting approved.
At El Camino Inmigracion, we’ve been helping clients navigate the legal system and achieve their immigration dreams. Whether it is you or a loved one, a successful immigration application can shape your life, for better or worse. With over 28 years of experience, we guide you step by step through immigration proceedings and fight for your best possible outcome.
Marrying a US citizen does not guarantee a green card, and seeking professional assistance can make the process much smoother. Call us today!
Our Experienced California Immigration Attorney is Always Ready to Assist You
If you’re looking to obtain a green card through marriage in California, El Camino Inmigracion is here to help. Our team of immigration attorneys and legal professionals is dedicated to providing you with the guidance and support you need to navigate the complex immigration system and achieve your immigration goals.
At El Camino Inmigracion, we take pride in our commitment to excellence, our attention to detail, and our passion for helping individuals and families achieve their immigration dreams. With our help, you can be confident that you’re taking the right steps toward building a brighter future for yourself and your loved ones.
So, why wait? If you’re ready to take the next step on how to get a green card through marriage Ventura CA, contact El Camino Inmigracion today. Our team is standing by, ready to help you overcome the challenges and achieve your immigration goals. Don’t wait any longer to start building the life you’ve always dreamed of.
Contact us today and let us help you make your immigration dreams a reality. Our Ventura law firm in California can also assist you with Adjustment of Status, Family Immigration, DACA, Temporary Protected Status, and U Visa or VAWA.
