Get Experienced Guidance for Marriage-Based Green Card–Sacramento Green Card Attorneys

If you’re applying for a marriage-based green card near Sacramento, it’s highly recommended to consult with an experienced Green Card attorney. With 20 years of experience in U.S. immigration law and family-based immigration, the Ranchod Law Group offers personalized guidance to help you overcome the complexities of the application process. 

Understanding the Immigration Process for Marriage-Based Green Card

The adjustment of status (Green Card) process is crucial for nonimmigrants residing in the United States seeking lawful permanent residence based on family or employment-based immigrant visa petitions (I130/I140). U.S. citizens can petition for their spouse’s permanent residence, provided the spouse has proof of lawful entry and is admissible to the United States.

For spouses living abroad, the process involves filing an I130, followed by an immigrant visa application upon approval. Upon I-130 approval, the spouse can apply for an immigrant visa, which paves the way for them to enter the U.S. as a lawful permanent resident. For spouses overseas, we prioritize Immigrant Visa applications over K3 visas, as it tends to be the quickest and most cost-effective solution (given the dynamic nature of immigration policies, please call us at 916-613-3553 for the latest trends).

The adjustment of status (green card) process also serves as the final step for fiancées of U.S. citizens entering with a K1 visa. This requires marriage within 90 days, followed by an application for adjustment of status.

Navigating the Complexities of Marriage Green Cards

In cases where a U.S. citizen plans to marry or has married an individual with a visitor’s visa, it’s important to understand the concept of nonimmigrant intent.

Visitors typically intend to return to their home country before the designated stay period expires, so taking steps to become a lawful permanent resident may be perceived by USCIS as contrary to this intent and can potentially lead to allegations of misrepresentation—a serious violation of immigration law. United States Citizenship and Immigration Services (USCIS) often scrutinizes marriages to ensure they’re genuine and not solely for immigration benefits.

In addition, incomplete applications or those that lack necessary supporting documentation may face rejection. The burden of proof is on applicants to establish eligibility for permanent residence. During interviews, officers may decide an application lacks sufficient documentation or evidence, which can lead to lengthy delays or outright denials. 

For this reason, it’s highly recommended to work with an experienced immigration lawyer who is well-versed in the marriage green card process. Our Green Card attorneys can significantly increase the chances of getting your green card application approved by ensuring you meet regulatory requirements and presenting compelling supporting documents.

The Application Procedure 

The U.S. citizen initiates the application process by filing an I130 petition, with the spouse concurrently filing the adjustment of status application and other required forms; supporting documentation is crucial. Applicants can seek employment authorization and travel permission while the application is pending.

Failure to travel with proper authorization may lead to the application being considered abandoned.

Conditional Permanent Residency

When a marriage is less than two years old at the time the spouse receives permanent residence, they are granted “Conditional Permanent Residence,” which is valid for two years. Within 90 days before the conditional residence expires, the spouse apply to USCIS to remove this conditional status. This requires a joint petition filed by both the applicant and the U.S. citizen. In cases where the applicant is divorced during filing, they still have the option to submit a waiver application to USCIS to remove the conditional status.

USCIS may request a second interview to confirm the validity of the marriage at the time it was contracted. Removing conditional status is a pivotal step, as failure to submit this application results in automatic termination of permanent residence and makes the individual removable from the U.S. 

The Ranchod Law Group–Your Trusted Partner in U.S. Immigration Law

Navigating the marriage-based green card applicationprocess demands unique knowledge and experience, and diligence. With the Ranchod Law Group’s comprehensive legal services, you can navigate the complexities of the immigration process smoothly and ensure that your application is handled with precision and care. 

Our dedicated immigration attorneys are committed to providing tailored legal solutions, addressing potential challenges, and maximizing the chances of a successful outcome for your immigration journey. Trust in our two decades of experience to safeguard your interests and guide you toward securing your marriage-based green card in the Sacramento area. Contact us today at (916) 613-3553 or email us at info@ranchodlaw.com.