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Marriage Green Card Lawyers in San Jose, CA, Providing Legal Assistance for Marriage-Based Green Card Seekers

Love knows no bounds, and sometimes we find the right man for us in faraway lands. No problem. However, it presents some challenges to cohabitation that other couples of US citizens or lawful permanent residents do not have to face.

Fortunately, there are ways to secure permanent residence for your foreign partner so you can live together in the United States without worrying about deportation. Likewise, if you are a foreign spouse who wishes to marry a US citizen or lawful permanent resident, you have options and rights to choose from.

How Can Immigration Attorneys Help Your Case?

However, US Citizenship and Immigration Services (USCIS) and the National Visa Center (NVC) want to make the family immigration process simple and easy enough for anyone to do without worrying about attorneys or legal fees. The truth of the matter is that the application process can be very complicated and frustrating. 

There are several immigration forms and supporting documents to fill out, medical exams, a threatening green card interview with a USCIS official, and many other requirements that must be met to prove not only your status but also your marital relationship. A Valid Marriage While it is true that the marriage green card application process can be complete without a family immigration attorney representing you and your family, those who hire immigration attorneys are generally more likely to be successful. 

The paperwork went smoothly and the marriage was approved for permanent residence. And since immigration issues are as delicate as hearts and personal relationships, it’s important to be prepared for fears of petitions being denied and spouses being forced to jump over additional humps.

Experienced immigration attorney Alison Yu and her knowledgeable legal team will represent you in the law office of the California Yu Emmigrating Law Group. Attorney Yu and his staff have dedicated their careers to the practice of immigration law, including assisting clients through the process of obtaining marriage residence cards, immigrant visas, work visas, adjustment of status, deportation cases, and other immigration matters. You made the right decision considering meeting with an immigration attorney who will help you through the entire process of applying for permanent residence through marriage. Allison Yee can provide calm and confident legal guidance as you work together to achieve a successful outcome.

The first step to ensuring strong representation is to send a letter to the law firms of the Yew Immigration Law Group for a consultation. When you meet with a family immigration attorney, we can answer any questions you may have about your particular situation.

Who is eligible for a marriage-based green card?

Spouses of U.S. citizens or lawful permanent residents may apply for a marriage-based green card at USCIS.
To be eligible, you and your spouse must prove:

  • that you are legally married
  • that it is a bona fide marriage
  • Proof of the applicant spouse’s US citizenship or lawful permanent resident status, and
  • That neither of you is married to anyone else, either living in the United States or abroad.

For those who are not yet married, there are other ways for applicants to apply for an immigrant visa for their fiancé. The K-1, Fiancé(e) visa allows a foreign fiancé to travel to the United States to marry a national within 90 days of arrival.
Under US law, same-sex, gay, bisexual, and transgender couples are now entitled to the same rights and benefits as heterosexual couples.

What factors should be considered for those seeking a marriage-based green card from USCIS?

During the immigrant visa application process, citizens or lawful permanent residents and their foreign spouses must establish a number of factors to prove that they really qualify and that their marriage is bona fide. It may be tempting to be proud and protect certain parts of your personal life, but this information is highly sought after by those who hope and intend to live together in the United States. You must answer the questions truthfully and provide all required documents. The best way to navigate the process is to be prepared.

How does a couple apply to remove residency conditions?

To remove the conditions imposed on citizens and their foreign spouses, immigrants and their spouses of US citizens must file a joint petition on Form I-751. It must be submitted within 90 days prior to the conditional green card expiration date. To establish that a marriage is in progress, the petition must be submitted with evidence of continued marriage, such as a joint bank statement, joint lease or home ownership, and birth certificates for children born out of wedlock.
If the marriage ends, such as through death or divorce, immigrants may apply for a waiver of the joint petition requirement and file Form I-751 themselves. If an immigrant has been harmed or abused by a spouse of a U.S. citizen, he or she may apply for a waiver of the joint petition requirement at any time after becoming a conditional permanent resident.
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