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Legal Requirements for a Marriage-Based Visa or Green Card

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Legal Requirements for a Marriage-Based Visa or Green Card

Call Us Today if You Want to Apply For a Marriage Based Visa or Green Card

Legal Requirements for a Marriage-Based Visa or Green Card

If you are in search of a marriage-based visa lawyer in Los Angeles then our team at Grey Law will be more than happy to assist you. Our goal is to help you become a Permanent Resident and, ultimately, a U.S. Citizen. We offer legal help for permanent residency, legal immigration, green cards, and any other immigration case like deportation or asylum.

One of the primary ways you can legally stay in Los Angeles (or anywhere in the United States) is through a marriage-based visa or green card. Perhaps you found this page by searching for legal immigration help from a knowledgeable lawyer, or even permanent residency attorney.

We understand that this process can be overwhelming, but if followed step-by-step, you will quickly be on your way to permanently being allowed to live in the United States. If you have any questions about any of the steps in this process, please contact us. We will stand by your side and help you through this process.

Steps to Getting Your Marriage-Based Visa or Green Card

First, what’s the difference between a visa and a green card?

A visa gives you short-term permission to legally be on U.S. soil without getting deported. A green card grants you that permission on a permanent basis. There is no restriction for how long you can stay. So, if you need legal help for permanent residency, you can stay with a visa, but you’ll ultimately want to obtain a green card.
Steps

  1. You must be married, and it must be legally recognized in the United States. Living with your partner without being married does not count for getting a green card. Some states might allow common law marriage, but individual states have different laws. Contact us if you think your relationship counts as a common law marriage. We are your permanent residency attorney, and we will help you find out.
  2. Your marriage needs to be legitimate. This is also called “bona fide.” Simply put, some people get married just to get a green card. This is illegal. Your marriage needs to signify that you love your spouse and want to create a life together.USCIS will carefully interview you to ensure that your marriage is legitimate. Proof in the form of shared bank accounts, leases, mortgages, etc., are typically used in the verification process.
  3. You can’t already be married. Even if you split a long time ago, you must be legally divorced in order for your new marriage to be used to obtain a green card.
  4. The person who is petitioning for their spouse to get a green card must themselves be a permanent resident or U.S. citizen. Being born on U.S. soil, becoming naturalized, or obtaining citizenship via familial relations are good ways to tell if you’re eligible to petition for your spouse.

Forms to Fill Out

There are no less than 8 forms to fill out, with 9 additional items to be included with those 8 forms. Don’t worry, though! Here at David Grey Immigration Law, we are here to help you through every step of the process. We will make sure you don’t miss anything that could delay you getting your green card.

So, How Long Will It Take?

Steps

1. Petition
There are several factors that determine time length. The fastest way to get your green card is to live in the United States with your spouse who is already a US citizen. This route takes about a year. But if you’re living overseas, it will be closer to a year and a half. If you’re married to someone who has a green card but who isn’t yet a U.S. citizen, the process takes 2-3 years.

If you are in the U.S. and your spouse is in another country, you’ll need to fill out Form I-130, Petition for Alien Relative. This takes 7-10 months to verify because the USCIS carefully vets every application for fraud. They will go to great lengths to make sure that your marriage is valid and not just to obtain a green card.
2. Apply for Green Card
After your petition is accepted, you can apply for your green card. This process can take half a year, if not longer. The work falls on the National Visa Center. The USCIS sends your information to them for further verification.
3. Interview
After that, you are required to attend an interview with the U.S. embassy or consulate. And before you can go to that interview, you’ll need to have undergone a medical examination to ensure you are healthy and do not have a contagious, communicable disease. You’ll need to have a permanent address where you can receive your passport, and have provided your fingerprints.
4. Just Wait
Once you have completed your interview, you’re looking at around a year before you actually receive your green card. As you can see, obtaining a green card is mostly paperwork and waiting, with some updates in between. The process can be overwhelming. Some forms are difficult to understand and fill out. It can take time to gather all the necessary information, documentation, and forms to fill out all the paperwork.

David Grey understands this. As an immigration lawyer with 25 years of experience helping immigrants legally reside in the U.S., he is prepared to help you. If you need legal help for permanent residency, contact David Grey Immigration Law today. David Grey, our immigration lawyer in Los Angeles, is waiting to help you.