Marriage is a very important concept and establishment of the United States Congress as a U.S. citizen spouse and married to a foreign national who is a permanent residence under a first- class choice has been determined that the files have the ability to immediately . This is a permanent residents (“greencard” holders ) are also long periods of time waiting for the priority date and the ability to immediately assign beneficiaries to obtain a greencard petition filed by a marriage may not be well known .
First , consider the case of marriage, straight marriage ( literally ” good faith ” ) in the faith, or just do not have a marriage with the intention of getting immigration benefits . They were married at the time of the marriage in good faith to establish a life together is predicated on the intent of the bride and groom . United States Citizenship and Immigration Services (USCIS) formerly the INS ( ” Immigration ” ) , entered into a marriage in good faith, and if you have different criteria for determining . These are the resources , joint leases , joint financial responsibility , and the images are not limited to commingling . A couple is generally accepted that know each other’s most intimate relationships . It is your wedding so that you can present evidence of actual relationships are very important to document why. This person must not enter into a fraudulent marriage . An applicant for a fraudulent marriage ( U.S. citizen spouse ) and the beneficiary ( the person receiving benefits ) will both be punished and may even result in criminal charges , including prison time . Immigration does not recognize fraudulent marriages , they are entered into in good faith as long as it will not recognize an arranged marriage .
For petitions filed for a marriage , one should have a valid marriage . A valid marriage is recognized in the state in which it is performed , which is one . Ram Nevada Anita gets married and moves to California , for example, the marriage will be recognized by immigration . If Ram and Anita ‘s first cousins , however , Nevada does not recognize the marriage , and thus does not recognize the marriage immigration . File your petition with the Immigration and until you know this is true , maybe not , because it’s very important . Wedding in Fiji , for example , take place also , the Immigration will recognize the marriage as long as the marriage is recognized in Fiji . Proxy marriage will be recognized . Proxy wedding where the bride and groom did not show up the day of the wedding . If raven proxy marriage after marriage is no exception .
Beneficiaries (greencard receiving one ) through the United States or a U.S. Consulate abroad can be processed once married , the paperwork , the United States can be processed inside . In the case of overseas processing , to reduce the waiting time can opt for a K3 visa . If no marriage has yet taken place, can also bring one of her fiancé on a K1 visa . This type of visa is only available for U.S. citizen petitioners . On the other hand , the United States , ( a process called adjustment of status ) to be processed in the case of marriage , the beneficiary has to enter the United States legally , albeit for one day . This person should have entered the U.S. on a valid visa . Who enter by crossing the border if they do not benefit from a provision under INA 245 are out of luck ( I ) . Any kind of petition on April 30 , 2001 was filed on behalf of beneficiaries on or prior to this provision . There are many requirements to benefit from this provision of the law . About your specific case , you should speak with an experienced attorney . If you have overstayed on your visa Also , before you proceed with any kind of certainty that is the case , you will speak with an immigration attorney .
During the adjustment process , you filed , unless authorized by the United States to leave and reentry / parole should not get a permit . Parole or reentry permit , you should know that the United States is not a guarantee of entry . It’s only if you’re in for a flat board and an immigration officer will determine whether or not you are allowed to enter the United States will be able to arrive at the port . Before you apply for a greencard visas have overstayed for more than 180 days , you should definitely leave the United States . Indeed, you will be subject to a penalty of 3 years . From getting in return for this , but not only in obtaining permanent residence would prevent the person . At this point, you can help just a disclaimer . It is important to know is not easy to obtain waivers . If you overstayed more than 365 days before this time, you will be subject to a 10- year penalty , because , again, you should not leave . 3 -year time bar to the same rules apply except for 10 years and will be much more difficult to obtain a waiver .
If you file for your marriage petition , you and 3 to 8 months for fingerprints is called for an interview will be given to papers are properly filed . Of your marriage ( good faith ) with your wife and the signs are supposed to attend this interview . At this point , it is highly advisable to have an attorney with you during interviews . Indeed, a licensed attorney should be allowed to sit with you at interview . The interview is satisfied with the judgment of the official , and if security checks in the final ; He will tell you that he will soon provide an answer . You answer that your case will be approved as a permanent resident for the next week and you could get a letter of welcome .
The admission of evidence or in the case of fraudulent immigration , on the other hand, you could be arrested on the spot . At this point you are highly advised to remain silent until your attorney is present . In another scenario , if the officer is not satisfied , you may be asked for another interview or they may deny your case . Technically , if they deny it before the Immigration Judge referred the case will give you one month . This is for your attorney to file a motion to reopen the case will allow . If this fails , then the case is argued in immigration court . Immigration Judge ( Again ) De Novo will review the case and make a determination . This is to prove your case or have the means to prove that your marriage was not genuine . Again , it is highly recommended in this case to proceed to hire an experienced attorney .
If approved, the green card marriage case was issued less than two years if the beneficiary will be issued a conditional residence . You should check if you have a conditional residence . As of the date of the conditional residence green card is usually issued for a period of 2 years will date . You a Form I – 751 to 90 days from the second anniversary of the issue by filing greencard as the need to remove the conditional residence status . It must be filed , otherwise the removal of your status will be canceled . You are still married to the U.S. citizen spouse, you generally can not remove such condition , you would file a joint petition . If you can prove that your marriage was not real , you can almost 6 months Form I – 751 after 10 years of filing will be a permanent residence card . Immigration has reason to suspect foul play , they will launch an investigation , and then also for the removal of conditional residence, you and your wife can interview . They ‘re happy , then they will give you unconditional permanent residence . If not, they will refer the case to an immigration judge .
Anniversary of the previous 90 days before the expiration of the conditional greencard questions or if there is a separation or divorce is the key . The following are a few possible scenarios .
Education prior to filing the final removal of conditional residence .
In this case , one has not reached two years of marriage , even if the conditional waiver of residence ( Form I – 751 ) requires the removal of the file . You entered the marriage in good faith and to prove that the marriage will not be rejected by your fault . The process is usually filed jointly with your wife if you will follow the same path ;
Conditional green card for two -year anniversary has come to term , and the divorce is not final . In this case , the Form I – 751 waiver can be filed , so will need to get the divorce finalized soon as possible ; And
You can file a joint petition to remove the conditional residence , and this time is facing troubles in your marriage and you intend to separate and divorce your wife . USCIS will notify you and wait again for the final divorce decree, a Form I – 751 shall be filed .
Conditional residence namely abusive U.S. citizen spouses , or hardship situations, the removal of many other permutations . You should speak with your attorney regarding your specific case .
Such as torture by U.S. citizen spouses to protect the beneficiaries under the other provisions of the Act . In one of his / her citizens are abused by a spouse , a VAWA ( Violence Against Women Act ) will be eligible to file for protection . VAWA also can be used in humans . U.S. citizen spouse dies before you will be allowed in situations where there .
VAWA and other exceptional cases, because of the very unique case . We will try to cover them in our next article .
And remember, it’s quite an experience, licensed immigration attorney before filing any kind is preferable to speak .
Information in this article is provided for informational purposes only , and should not be construed as legal advice on any subject matter . In this article , clients or otherwise , work or particular facts and circumstances at issue from an attorney on the article without seeking appropriate legal or other professional advice, and refrain from acting on the basis of any content included should be licensed in the recipient’s state from the contents of any recipients . Located in Shah Peerally Fremont CA Law Offices of Shah Peerally is the managing . Law Office focused on Immigration Law .
hardship waiver attorney