Marriage-Based Green Card Lawyer – RPatel Law Orlando
Marriage Petitions
A permanent resident card Green card can be obtained through marriage to a U.S. citizen or lawful permanent resident. This status allows the beneficiary of the permanent residency to stay and work in the United States. Additionally, when eligible, the permanent resident may also be eligible to naturalize and become a U.S. citizen based on the green card. The U.S. citizen or permanent resident spouse is called Petitioner, and the spouse receiving the green card through the marriage petition is called the Beneficiary spouse.
Can I file for a Marriage based green card while present in the United States?
The answer is yes, depending on your eligibility. Certain individuals who are already inside the United States may be able to apply for a marriage green card without leaving. The process is called Adjustment of Status.
Eligibility to Adjust Status as a Spouse
To adjust status to permanent resident, a spouse must generally meet all of the following requirements
- Lawful marriage (from any country) to the U.S. citizen petitioner; and
- An immigrant visa is immediately available (always available for the spouse of a U.S. citizen); and
- Lawful entry to the U.S.
The couple must be legally married and have a bona fide marriage. In other words, it must not be a fake marriage entered into to gain immigration benefits.
Can the beneficiary spouse travel while the Adjustment petition is pending?
The beneficiary spouse can apply for a travel document by filing an I-131 petition along with the petition. Once the travel document is approved, the beneficiary spouse can travel out of the U.S. They must keep the travel document card with them when they travel. If they travel before the travel document is approved, their petition will be deemed abandoned.
Adjustment Interview
Once the filing fee and all the forms/documents are accepted and approved by USCIS, the interview will be scheduled during the processing time at the local USCIS office. The petitioner and beneficiary spouses must attend the interview along with proof of the bonafide of their marriage.
Green Card process when applied outside of the United States (Consular Processing)
Applicants who are not in the United States will apply through consular processing.
Requirements
The consular processing begins with the U.S. citizen or permanent resident filing a petition for the beneficiary spouse with USCIS within the United States by filing an I-130 Petition for an Immediate relative.
Once USCIS approves the I-130 petition, the petition will be forwarded to the National Visa Center (NVC). The NVC will begin scheduling the consular process if an immigrant visa is available.
Before a consular interview, the NVC will ask the foreign spouse to submit the immigrant visa application (DS-260) and submit several supporting documents, like Form I-864, Affidavit of Support, through their online portal. Additionally, there will be processing fees for the visa application and affidavit of support.
Consular Interview
Usually, the interview will be at a U.S. embassy or consulate office. The U.S. petitioner is never required to attend the interview but can be a supportive participant in many cases. Consular interviews are also generally under 30 minutes and will result in an immigrant visa once approved.
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Family-Based Immigration Types
Immigration Marriage Petitions
A permanent resident card Green card can be obtained through marriage to a U.S. citizen or lawful permanent resident. This status allows the beneficiary of the permanent residency to stay and work in the United States.
Immigration Fiance Visa
If you are a U.S. citizen who wants to bring your foreign fiancé(e) to the United States to get married, you must file a Form I-129F, Petition For Alien Fiancé(e). This is the first step to obtaining a K-1 non-immigrant visa for your fiancé(e).
Immigration Removal Of Conditions
Your status is conditional until you prove, after a specified period of time, that you did not enter the marriage to circumvent the immigration laws of the United States. You must file Form I-751, Petition to Remove Conditions
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Why Choose RPatel Law?
Experienced Attorneys
With years of experience across various legal fields, our attorneys are well-equipped to handle complex cases and deliver positive results.
Client-Centered Approach
We listen to our clients, understand their needs, and offer customized solutions for every situation.
Proven Success
Our history of successful cases demonstrates our dedication to securing favorable outcomes for our clients.
Transparent Communication
We believe in clear, honest, and consistent communication to ensure our clients are always informed and confident in their legal journey.
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Immigration Types
Family Immigration
When building a new life in the USA, it is crucial that your loved ones can join you. At R Patel Law, our legal team assists immigrants with family-based immigration for a fiancé(e), spouse, children, parents, and other relatives.
Business Visa
R Patel Law Firm’s Florida Business/ Employment Immigration Attorneys can help you apply for certain visas designed for foreign nationals to live and work in the United States.
Investor Visa
At R Patel Law, we understand the unique challenges investors and entrepreneurs face regarding immigration. Our team is here to help you navigate the complex immigration process and achieve your goals.
Removal Defense
Under U.S. law, Asylum may be granted to foreigners who can establish a well-founded fear of persecution if they were returned to their home countries based on particular social group.
Immigration Citizenship
Naturalization is the process by which U.S. citizenship is granted to a lawful permanent resident after meeting the requirements established by Congress in the Immigration and Nationality Act (INA).
Change of Status
Foreign nationals with a non-immigrant visa may have the opportunity to change their status to another category while in the United States. Known as a Adjustment/Change of Status.
Work Permits
All U.S. employers are required to make sure that their employees are legally allowed to work in the United States, regardless of their immigration or citizenship
status.
Immigration Court Cases
Receiving a summons to appear before a judge in immigration court can be intimidating. You may be worried about what to expect and what steps you should take to protect and your family.
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