What Do You Need to Do to Receive a Marriage Visa or a Green Card?

  • Sep 30 2018

With the number of significant changes made to immigration laws and regulations in recent years, it is no wonder there is significant confusion as to how spouses of immigrants living in the United States can get a green card or how an immigrant’s spouse can receive a marriage visa. At Talamantes Immigration Law Firm, APC, we have represented numerous clients who simply want to be with their loved ones in the United States. We understand how difficult it is to be separate from your husband or wife, and we are here to help answer your questions about how they can come to live with you in the United States.

First, it is important to make sure that you have appropriate expectations for the process of bringing your spouse to the United States. The American immigration and visa system is becoming increasingly restrictive, and there are many other reasons that the green card and visa process can take a long time. For example, your spouse could have difficulty understanding how to complete their application, or they may simply take a long time to complete this application. Additionally, on the government’s end the process can move slowly, both because of the volume of these applications as well as the occasional legal issue and the time it takes to process this paperwork.

Next, it is important to ensure that you and your spouse meet the qualifications to receive a “marriage-based green card” or “marriage-based visa.” These qualifications include:

  • Proving that your marriage with your spouse is what is known as “bona fide,” meaning that you and your spouse did not marry for the purposes of obtaining a green card or visa;
  • Proving that you and your spouse are legally married, such that your marriage satisfies the legal requirements for marriage under immigration law;
  • Proving that either you or your spouse either is a lawful permanent U.S. resident or a U.S. citizen; and
  • Proving that neither your nor your spouse are married to other people.

While these are not the only requirements you will need to satisfy, they are among the most important. If the U.S. government does not believe you satisfy these criteria, it is highly likely that your spouse’s green card or visa will be denied and you will have to start the application process all over again.

Because immigration laws are so complicated and frequently change, it is important that you consult with an experienced and knowledgeable immigration lawyer before attempting to file green card or visa paperwork for your spouse. An experienced immigration lawyer will ask you about the unique circumstances of your relationship with your spouse and can help make sure you fill out your visa or green card paperwork correctly to minimize the chance it will be denied by the U.S. government.

Need an Immigration Attorney?

At the Talamantes Immigration Law Firm, APC, we know how hard it is to be separated from your spouse—and how complicated it can be to fill immigration paperwork out on your own. Do not unnecessarily put yourself at risk of your paperwork being denied by the government! Instead, contact Talamantes Immigration Law Firm, APC, today to learn how our experienced lawyers can help you.

Posted in: Immigration Law