Immigration Lawyer in Las Vegas

Marriage-based green card

Navigating the Journey: A Comprehensive Guide to Marriage-Based Green Cards

This is a Comprehensive Guide to Marriage-Based Green Cards by Las Vegas Immigration Lawyer Arsen V. Baziyants.

Are you dreaming of a life together in the vibrant city of Las Vegas? Whether it’s the iconic Strip or the stunning Red Rock Canyon that has stolen your heart, making your home in this bustling desert oasis is a dream for many. However, if you’re a foreign national married to a U.S. citizen or permanent resident, navigating the immigration process can seem daunting. That’s where we come in.

As seasoned immigration lawyers based in Las Vegas, we understand the complexities of the marriage-based green card process and are here to guide you every step of the way. In this comprehensive guide, we’ll walk you through the process, requirements, and important considerations for obtaining a marriage-based green card.

Understanding the Basics

Marriage-based green cards, officially known as a “spousal visas” or “immigrant visas,” allow the spouse of a U.S. citizen or lawful permanent resident to live and work permanently in the United States. This process involves several steps and requires careful attention to detail to ensure a successful outcome.

Eligibility Requirements

To qualify for a marriage-based green card, you must meet certain eligibility criteria, including:

  1. Valid Marriage: You must be legally married to a U.S. citizen or permanent resident. This includes both opposite-sex and same-sex marriages, provided they are legally recognized in the jurisdiction where the marriage took place.
  2. Proof of Relationship: You must provide evidence of a bona fide marital relationship, demonstrating that your marriage is genuine and not entered into solely for immigration purposes. This may include wedding photos, joint bank account statements, lease agreements, and other documentation showing shared assets and responsibilities.
  3. Financial Sponsorship: The sponsoring spouse must demonstrate the ability to financially support the immigrant spouse at 125% or more of the federal poverty guidelines. If the sponsoring spouse does not meet the income requirements, a joint sponsor may be used to fulfill this obligation.

The Application Process

The process of obtaining a marriage-based green card typically involves the following steps:

  1. Petition Filing: The first step is for the sponsoring spouse to file Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS). This form establishes the relationship between the petitioner and the immigrant spouse.
  2. Adjustment of Status or Consular Processing: Once the I-130 petition is approved, the immigrant spouse may apply for a green card through either adjustment of status (if residing in the United States) or consular processing (if residing abroad).
  3. Biometrics Appointment and Interview: As part of the application process, both spouses will be required to attend a biometrics appointment to provide fingerprints, photographs, and a signature. Additionally, an interview may be scheduled to assess the validity of the marriage and eligibility for a green card.
  4. Green Card Issuance: If the marriage-based green card application is approved, the immigrant spouse will receive a conditional or permanent green card, depending on the duration of the marriage at the time of approval.

Common Pitfalls to Avoid

While obtaining a marriage-based green card can be a rewarding experience, there are several common pitfalls that applicants should be aware of, including:

  • Incomplete or Inaccurate Documentation: Failing to submit all required documentation or providing inaccurate information can result in delays or denial of the application.
  • Red Flags in the Marriage: USCIS officers are trained to look for signs of marriage fraud, such as lack of cohabitation, significant age differences, or a short duration of marriage. It’s essential to provide compelling evidence of a genuine marital relationship to overcome any suspicions.
  • Financial Eligibility Issues: If the sponsoring spouse does not meet the income requirements or fails to provide sufficient evidence of financial support, the application may be denied. In such cases, seeking the assistance of a joint sponsor may be necessary.

How We Can Help with Marriage-Based Green Card

Navigating the marriage-based green card process can be complex, but you don’t have to do it alone. As experienced immigration lawyers in Las Vegas, we have helped countless couples achieve their dreams of building a life together in the United States. From preparing and filing the necessary paperwork to preparing you for USCIS interviews, we’ll be with you every step of the way, providing personalized guidance and support.

If you’re ready to begin your journey toward obtaining a marriage-based green card, don’t hesitate to reach out to us. Schedule a consultation today, and let us help you turn your dreams into reality.

Request your free case evaluation with Law Offices of Arsen V. Baziyants to discuss your marriage-based green card case.

Disclaimer: The information provided in this article is for general informational purposes only and should not be construed as legal advice. For personalized guidance on your specific immigration situation, please consult with a qualified immigration attorney.