Wednesday, August 3, 2016

Married to a US citizen? Here’s how to obtain a permanent residency through marriage…..

Perhaps the biggest benefit of US immigration is the opportunity to receive permanent resident status and secure a green card. Obtaining a green card through marriage is a right, say Illinois immigration lawyers. 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.

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 compared to any non-related foreigner.

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Filing the Petition for Alien Relative

Illinois immigration lawyers reiterate that the first step towards obtaining an alien resident status is to file USCIS form I-130. The petition establishes the foreign spouse’s relationship with the US resident. The alien spouse seeking immigration and the US citizen must submit details about their biographic information vide form G-325A.

Both applicants have the onus to prove the marriage is bona fide. In addition, both applicants must submit proof of a valid marriage along with supporting documents such as marriage and birth certificates, and joint credit card statements, if available, to name a few.

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Adjustment of Status

Apart from form I-325A and I-130, the US resident’s spouse can file for ‘adjustment of status’ via 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 is the immigration interview, which is usually held at the nearest USCIS Service Center. If all the documents are in order the authorities may grant the spouse 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. 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 or there could be criminal charges levied, caution Illinois immigration lawyers.

Now if you want to see a sham marriage just watch the show House with the eponymous House (Hugh Laurie) marrying Dominika House (Karolina Wydra). This was in season 8. They did not sleep together, they did not know each other that well, and at lease House was unwilling to show that much affection towards her. This was a sham. House was breaking the law again. House thought he was above the law, like Walter White from Breaking Bad. They were both emotional loose cannons as well.

At least Dominika House did not have a child though to just use the child to obtain free benefits which is what is happening all the time now in America.

Children of Alien Spouse

Children of alien spouse are required to apply separately for permanent residence status via an 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 prudent to seek help from an Illinois immigration lawyer to navigate the process and deal with the paperwork so you get it right the first time. 

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