Perhaps the biggest benefit of US
immigration is of receiving permanent resident status and securing a
green card. Obtaining a green card through marriage is a right.
However, some tend to abuse this right and get involved in a sham marriage with
a US citizen for the sole purpose of obtaining a green card.
House did this in one of the later
seasons and it is not sure if he ever consulted with an immigration lawyer. It
did not turn out too well for him either. It was obvious they were just using
each other. She, played by Dominika Petrova, eventually left House after she
realized his deceit. House was not really built for marriage (nor team work,
cooperation, human decency, but those other topics).
Therefore, every green card applied for
through marriage is closely examined by the USCIS in order to make sure that
the case is genuine. Any foreign spouse can become a lawful permanent resident easily
as an immediate relative of a US citizen as compared to any non-related
foreigner.
Filing
the Petition for an Alien Relative
The first step towards obtaining an
alien resident status is to file USCIS form I-130. The petition establishes the
relationship of the foreign spouse with the US resident. The alien spouse
seeking immigration and the US citizen must submit details about their
biographical information via form G-325A.
Both applicants have the onus to prove
the bona fides of the marriage. Apart from the submission of these forms, both
applicants are required to submit proof a valid marriage along with supporting
documents such as marriage and birth certificates, wedding announcements,
insurance and banking accounts, joint credit card statements, driver’s license,
and joint auto registration, if available. You could always seek the assistance
of an immigration attorney in regards to this.
Apart from form I-325A and I-130, the
spouse of the US resident can file for the adjustment of status. This can be
accomplished by submitting form I-485, Affidavit of Support, Medical Report,
EAD or employment authorization document, the Advance Parole, related
photographs, and the applicable fee. Once the documents are submitted a
biometric or fingerprint appointment is scheduled.
The next step in the process for the US
citizen and his/her spouse is the immigration interview, which is usually held
at the nearest USCIS Service Center. If all the documents are in order, they
will be granted their Permanent Residence status following the interview.
Conditional
Green Card
Couples that apply for a green card
prior to their second marriage anniversary are granted a ‘conditional green
card’. This indicates that they are lawful permanent residents but will have to
upgrade their status and remove any conditions. The onus is on the couple to
contact the USCIS for an immigration interview which will feature a round of
personal and challenging questions to rule out that their marriage is not a
sham. Make sure to prepare well for the interview. You can always seek help
from an immigration lawyer which is as vital in this case as drinking water
throughout the day is.
Visa
Number for Non-Citizen Petitioners
Spouses of non-citizen US residents must
acquire a visa number in order for the USCIS to be able to process their
application. Information on visa numbers is available with the US Department of
State Travel site.
Children
of an Alien Spouse
Children of alien spouses are required
to apply separately for permanent residence status via I-130 which must be sent
together with all the other documents for review by the USCIS.
For the most part, the paperwork and the
process of obtaining permanent residency status or a green card is complex.
Besides, the procedures are likely to change from time to time. Therefore, it
is critical to seek help from an immigration lawyer (http://immigration.usattorneys.com/) to successfully guide you through the
process.
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