Facts on Marriage and Immigration
Coming to the United States has immense benefits, but it can be costly in terms of time and money. You need the right legal guide in order to successfully immigrate to the U.S. Perhaps one of the most law subjects is immigration via marriage. If you’re married to someone who’s not a U.S. citizen like you are … if your husband has a green card but you don’t … if you are about to marry and one of your has a green card but the other does not – these situations are quite common. How can you get help? Reading this blog guide is a good start, so let’s start with legal representation and then go into marriage and immigration laws.
Who can help?
You can go to many sites online looking for help, but only get more confused. That’s okay, because immigration law itself is very complex. Your best option is to consult with an immigration lawyer, especially someone with fiance and marriage immigration experience. You can find lawyers across the country, but you should get one close to you, who has the legal experience to help you, who you can communicate with and ask questions to successfully, and who you can afford.
You want one local because a face-to-face meeting is quite important. You want one with experience in handling immigration cases to ensure you make no mistakes on any forms and also not break any laws. You want one who you can ask more than basic questions, who can explain things easily to you, mainly because it’s invaluable to have a good understanding of the process. Sometimes the bottom line, lawyer fees, is your first way of hiring. If you can’t afford them, it’s good to know that beforehand. But an experienced immigration lawyer who charges somewhat more may have the knowledge you need.
What if you misuse a visa?
One problem many face, beyond hiring the right lawyer, is actually staying within the laws. Say for example your fiance comes to the U.S. before getting his green card; in this instance, he’s misusing his visa because he came here with the intention of staying. You need to get a green card first.
Are you eligible for a green card?
If you are engaged but not married, your fiance can get a green card by proving the intent to marry a U.S. citizen, have met you within the past two years, and be legally able to marry.
If you are already married and want your spouse to get a green card, you need to be legally married, though it does not matter what country, to a U.S. citizen. You cannot be married to someone else at the same time, and you cannot be married to someone who has another wife or husband.
In both cases of engagement and marriage, they cannot be based on lies. This may seem obvious, but some try to get into the country by marrying only to get the green card, likely parting ways with their spouse after. This goes against the nature of the law.
What is the difference with a fiance green card?
As you can see, there are some differences between getting a green card through a fiance and through marriage. If you are engaged, the eligibility requirements are different than being married.
How can you prove this engagement or marriage is real?
The easiest way to prove your intentions are true is to be married and have a copy of the marriage certificate. You need a government annotated marriage certificate, even if you are from another country. To prove your fiance visa is valid, you need to show a variety of things: marriage arrangements, any love letters, proof you met within the last 2 years via plane tickets, and sometimes more.
This can all get complex, especially in applying for a fiance visa. If you have any questions, contact a professional immigration lawyer today.