Marriage Green Card

Our practice has developed a specialty in marriage-based immigration law (marriage Green Cards). Our practice is dedicated to helping US Citizens and Permanent Residents find the best way to bring their fiancé/spouse to the United States and keep them here safely. We also file adjustment of status cases for foreign nationals who are already in the United States on visas such as B2 visitor visas, H-1B visas, F-1 Student visas, ESTAs (Visa Waiver Program) and many other visas. We have systemized this process based our experience in this area so we make sure we keep the foreign national spouse safe before, during, and after the process.

Most of the clients we represent hire us for one of the following types of cases:

We go through all immigration options, to make sure the beneficiary spouse gets their marriage Green Card, and permanent resident status as fast and as safely as possible. With our expertise and experience, we will work with both parties to create an effective plan tailored specifically to you. We also are here to help our clients answer questions such as how long do I have to wait to receive my marriage certificate after I get married, how long do I have to wait to apply for adjustment of status after I get married, when is the soonest I can get married after arriving in the US, or should I take an immigration attorney with me to my adjustment of status interview? We also have answers to many of the legal questions that are immediately relevant to the strategy for preparation of your marriage Green Card case, such as, how do I change my last name from my maiden name when I apply for a Green Card, how can I translate documents myself for my Green Card case, or is my birth certificate valid for the adjustment of status process. We love that we can coach our clients through this process that often causes people so much anxiety.

Not Yet Married? Fiancé Visa

When the foreign national is abroad and assuming our clients qualify for the fiancé visa based on the below criteria, we often recommend the K-1 when the couple has not had a chance to get to know each other well due to the fact that they have been dating long-distance. The K-1 visa is however, not a great fit for everyone. You may want to look into whether a K-1 visa or Consular Processing for a Green Card is better. Under the K-1 visa, once the visa is approved, the foreign national is permitted to travel to the United States without having to wait to get a Green Card abroad. After the foreign national arrives in the US, they have 90 days during which they have to either marry the US citizen or leave to go back to their home country. This 90-day period can often help the couple become more secure in their decision to spend the rest of their lives together. Here at Khunkhun Law, we always look forward to processing K-1 visas, effectively bringing together two loved ones.

Do you qualify for a K-1 Visa?

- Are you a U.S. citizen who is currently engaged to a foreign national who is of the United States?

-Have you met your fiancé at least once within the past two years?

- Do you intend to marry your foreign fiancé within 90 days of their entry into the United States?

- Can you provide information that proves your ability to support your fiancé pending their entry into the United States?

If you answered YES to all the above, congratulations, you may qualify for a K-1 visa.

Already Married?

If you are already married, the first thing we need to know is whether your foreign national spouse is in the US or not. This determines whether we apply for Adjustment of Status to process your foreign national spouse’s permanent resident status here in the United States, or abroad in their home country where we apply for their permanent resident status at their local US Embassy.

Marriage Green Card via Consulate Processing Abroad or Adjustment of Status

Marriage Green Card cases are our bread and butter! With I-130 processing being one of our most common inquiries, we at Khunkhun Law have no shortage of experience helping happily married couples and even couples for whom things are not going so great, hold onto their legal status. The first inquiry for us is the location of the foreign national spouse. If they are abroad, we will have to file through Consulate Processing. If the foreign national spouse is in the United States and not subject to one of the bars to Adjustment of Status, the case will be filed Stateside, in the United States.

Who can File for a Marriage Green Card via an Adjustment of Status?

In many of our marriage Green Card Adjustment of Status cases, clients typically have recently married and the immigrant beneficiary has either overstayed or is soon to overstay his or her visa. In order for these clients to remain in the United States legally they can apply for their marriage Green Card via an Adjustment of Status and receive permanent resident status. When you work with us, we will create a customized strategy to make sure your case is filed at the correct time since the Department of Homeland Security has recently updated the rules that determine the most appropriate time to file an Adjustment of Status to avoid unnecessary scrutiny. We work with you to avoid any allegation of misrepresentation or fraud based upon a contradictory declaration of purpose at the time of visa application or upon entry into the United States.

Through this process, we must provide enough evidence to USCIS that proves the legitimacy of your marriage. If sufficient information is not provided to USCIS to explain your personal circumstances you may or may not qualify for Adjustment of Status.

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Married for Two Years Already? Removal of Conditions

If you acquired your marriage Green Card through a marriage of less than two years, you are a conditional permanent resident, as are any dependent children you may have.

Removal of Conditions was created to ensure that all marriages of short duration are legitimate before filing for a marriage Green Card. With the proper documentation, we can help build the strongest possible case for you. Our expertise will assist both parties to create an effective plan tailored specifically to you. Only our top-rated attorneys will work on the legal aspects of your case.

When the Marriage Has Ended Before or During Removal of Conditions

What happens when the marriage ends up in divorce, annulment or abandonment before or during the Removal of Conditions process? Marriage can be complicated, and the break up even more so. We have helped many conditional residents hold on to their Green Cards during the Removal of Conditions process by working with them to present any and all possible existing evidence to establish that the marriage was bona fide pursuant to USCIS's requirements. We also think outside the box, using creative means to present the whole story to USCIS. We are there every step of the way to prepare and file the case, respond to Requests for Evidence, and attend the interview.

Examples of these types of cases include:

-The US citizen spouse abandons the conditional resident immediately upon their arrival from their home country after going through Consulate Processing;

-One of the parties seeks a divorce due to tumultuous circumstances and the conditional resident wants to stay in the US.

-The conditional resident is being physically, mentally, or financially abused by the US citizen spouse.

If you or a loved one is in need of immigration counsel, contact us to schedule a consultation to discuss your case.

Schedule a Confidential Consultation with Sharon Khunkhun, Esq.

Are you thinking about getting married and wondering about how the marriage Green Card process works?

Have you recently gotten married and feel overwhelmed with how to apply for a marriage Green Card?

Are you in love with your fiancé who lives abroad and ready to take the leap and bring them to the United States but have questions about how the process works?