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How Long After Marriage Can You Apply For A Green Card?

So, you’re finally in the United States and want to reside here permanently. You have several options available to you. One example is to apply for a Green Card to live and work in the country after marriage to a U.S. Citizen. However, there are a few important things to consider when determining how long after your marriage you can apply for a permanent resident card.

If You Are Married In The U.S. And Want To Start Your Immigration Case, Don't Hesitate To Consult With An Attorney About Your Chances Of Obtaining A Green Card

Green Card Through Marriage

First, the process for obtaining a Green Card through marriage can vary depending on whether or not you are currently in the United States. If you are already in the country, you may be able to apply through the process known as “adjustment of status.” This process allows you to petition for a permanent resident card without leaving the United States, as long as you are eligible and meet all the requirements.

If you are outside the United States, you must go through a different process called “consular processing.” It involves submitting your petition at your home country’s U.S. embassy or consulate. Regardless of the process you are going through, a few key factors will determine how long after your marriage you can apply for a Green Card.

Conditions For Getting A Green Card

First, you must be legally married to a U.S. citizen. It means that your marriage must be recognized as valid under the laws of where it occurred, and you must have a marriage certificate to prove it. If you are not legally married, you cannot apply for a Green Card through marriage.

Second, you must prove that your marriage is genuine and not simply a way to obtain a Green Card. The U.S. Citizenship and Immigration Services (USCIS) will review your application to ensure your marriage is not a fraudulent attempt to get a permanent resident card. You must provide evidence of your relationship, such as shared bills, photographs, and other documentation showing you are living together and have a genuine connection.

Finally, you must meet all the other requirements, including being admissible to the United States. It means that you must not have any criminal convictions, be inadmissible for any other reason, and must not have violated any U.S. immigration laws in the past.

How Long Do You Need To Wait?

If you are already in the United States and are eligible to apply for adjustment of status, you can typically submit your petition as soon as you are married. However, if you are going through consular processing and are outside of the United States, you will need to wait until your U.S. citizen spouse petitions for a family-based immigrant visa on your behalf. This process can take several months or longer, depending on the backlog of applications and the availability of visas.

Why Seek An Immigration Attorney

The intricacies of getting a Green Card through marriage may be overwhelming. With the help of an immigration attorney, you’ll have a better chance of getting approval. Lincoln-Goldfinch Law – Abogados de Inmigración assists couples in getting their spouse’s Green Card after marriage. The firm’s immigration lawyers and staff can help navigate the application process to gain more favorable results.

The time it will take you to apply for a Green Card after marriage depends on several factors. It includes your current location, whether your marriage is recognized as legal, and if you meet all the other requirements. It’s crucial to work with an experienced immigration attorney to ensure that you follow the correct process. They can also assist you in navigating any challenges that come your way.

About the Author: Kate Lincoln-Goldfinch

I am the managing partner of Lincoln-Goldfinch Law. Upon graduating from the University of Texas for college and law school, I received an Equal Justice Works Fellowship in 2008, completed at American Gateways. My project served the detained families seeking asylum. After my fellowship, I entered private immigration practice. My firm offers family-based immigration, such as green cards and naturalization, deportation defense, and humanitarian cases such as asylum, U Visa, and VAWA. Everyone at Lincoln-Goldfinch Law is bilingual, has a connection to our cause, and has demonstrated a history of activism for immigrants. To us, our work is not just a job.
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