Will hiring a lawyer make the process go faster or smoother? What should I know to proceed to help my wife apply for a green card? (she is currently here on an H-1 visa).
2006-07-30 11:17:03 · 16 answers · asked by rpm89746 1 in Politics & Government ➔ Immigration
I hope these links will help you with what you are looking for:
U.S. Dept. of State: 'Marriage and Divorce'
http://travel.state.gov/law/info/marriage/marriage_644.html
USCIS: 'Frequently Asked Questions'
http://www.uscis.gov/graphics/faqsgen.htm
USCIS: 'Immigration Forms and Fees'
http://www.uscis.gov/graphics/formsfee/forms/index.htm
Immigration Law Center: 'All Topics'
http://immigration.findlaw.com/immigration/immigration-topics/
US Immigration Lawyers:
http://www.usimmigrationlawyers.com/
Also, I hope this information will help you out as well:
"Marriage Visa - Immigration Marriage USA
How Does My Spouse (Husband or Wife) Get an Immigrant Visa?
The first step is to file an immigrant petition for the foreign citizen spouse to immigrate to the United States. The petition is filed with the US Citizenship and Immigration Services (USCIS, formerly INS) Service Center in the United States that serves the area where the US citizen petitioner lives. To find out which Service Center has jurisdiction over the US citizen spouse's place of residence click here. Sometimes a US citizen living abroad can file an immigrant petition at a US embassy or consulate.
What is a “Spouse”?
A spouse is a legally wedded husband or wife. Merely living together does not qualify a marriage for immigration. Common law spouses may qualify as spouses for immigration, but only if the laws of the country where the common law marriage occurs recognizes common law marriages and grants them all the same rights and obligations as a traditional marriage. In cases of polygamy, only the first spouse may qualify as a spouse for immigration.
Minimum Age Requirement for the US Citizen Petitioner
There is no minimum age to file an immigrant petition for a spouse for immigration. However, the US citizen petitioner must be at least 18 years old and reside in the US before he or she can sign the Affidavit of Support and this form is required for an immigrant visa for spouses and other relatives of US sponsors.
US Domicile Is Required
The US citizen petitioner must have a domicile (residence) in the United States before an immigrant visa can be issued to his or her spouse. This is because a US domicile is required to file an Affidavit of Support and this form is required for all Spouse of a US Citizen immigration cases.
Applying for an Immigrant Visa
After the USCIS Service Center approves the immigrant petition, it sends the petition to the National Visa Center (NVC) of the US Department of State. The NVC conducts preliminary case processing and then forwards the approved petition to the US embassy or consulate in the country where the foreign citizen spouse resides. An appointment package is sent to the visa applicant. The appointment package gives the applicant an interview date and includes instructions on where to go to have the required medical examination.
Vaccination Requirements
In general, applicants for immigrant visas are required to have all of the following vaccinations:
-Mumps
-Measles
-Rubella
-Polio
-Tetanus and diptheria toxoids
-Pertussis
-Influenza type B
-Hepatitis B
-Varicella
-Pneumococcal
Does a Child Have Derivative Status?
No. A child does not have derivative status in an immediate relative (IR) petition. This is different from the family second preference (F2) petition. A child is included in his or her parent’s F2 petition. A child is not included in his or her parent's IR petition. A US citizen must file separate immigrant petitions for each of his or her children. If you upgrade a family second preference (F2) petition for your spouse to an IR petition because you became a naturalized US citizen and you did not file separate petitions for your children when you were a lawful permanent resident (LPR), you must do so. Remember that children born abroad after a person became a US citizen may qualify for derivative US citizenship.
Termination of All Previous Marriages
US law does not allow polygamy. If either spouse was married before, he or she must show that all previous marriages were terminated before the current marriage. The death and divorce certificates that show termination of marriages must be legal and verifiable in the country that issued them. Divorces must be final.
What Is Conditional Residence?
If the couple has been married for less than 2 years when the foreign citizen spouse enters the US on an immigrant visa, the permanent resident status is considered “conditional.” The immigrant visa is a CR (conditional resident) visa, not an IR (immediate relative) visa. The couple must apply together to the US Citizenship and Immigration Services (USCIS) to remove the “condition” within the 90 days before the second year anniversary of the foreign citizen spouse’s entry into the US on an immigrant visa. The 2-year anniversary date of entry is the date of expiration on the permanent resident card (green card).
What If the Applicant Is Ineligible for a Visa?
Certain conditions and activities may disqualify the applicant for a visa. Examples of these ineligibilities are:
-Drug trafficking
-Having HIV/AIDS
-Overstaying a previous visa
-Practicing polygamy
-Advocating the overthrow of the government
-Submitting fraudulent documents
If a person is ineligible for an immigrant visa due to one of the above grounds of inadmissibility, a waiver may be available. He or she should seek the advice of an immigration attorney to determine if he or she qualifies for a waiver of inadmissibility."
source: http://bccvisalaw.com/marriage-visa.php
2006-08-06 13:55:22 · answer #1 · answered by Mo 6 · 0⤊ 0⤋
hiring a lawyer will likely make the amount of work you have to do much less. they are the experts. they've studied the law to handle your situation and they've done this dozens of times while this will be your first time.
i say, let the experts do it. only because i would hate for a mistake that you make to cause a long delay in your processing or for it to get rejected
just make sure that you do your research because just like any profession where they typically know MUCH more than the public, pick your lawyer carefully. I think that on the USCIC.GOV website, they give you some tips on how to locate a good lawyer.
i wish you the best of luck!! and congratulations!
2006-08-07 08:54:19 · answer #2 · answered by Lady D 3 · 0⤊ 0⤋
Yes. you will need a lawyer. It is easier. You will need to be prepared to show lots of documents they ask for letters and pics and such to prove that it was a valid marriage. A lawyer will make the process quicker. Beware though the process does take a while. Especially to become a citizen.
2006-07-30 11:23:35 · answer #3 · answered by SADGIRLOH 2 · 0⤊ 0⤋
Hell no, there's no need for a lawyer ... they cost a lot of money, and all they do is fill out the forms, which you could easily fill out yourself ... honestly, the process is quite simple ... go to http://www.uscis.gov/graphics/formsfee/forms/index.htm and download the forms you need .... you can also call them, they really are most helpful and courteous ... if you don't foresee any problem with the application, e.g. if the background checks won't reveal anything unpleasant you will save a lot of money in attorneys' fees ...
2006-07-30 11:35:18 · answer #4 · answered by Sashie 6 · 0⤊ 0⤋
A lawyer is not necessary but an immigration service makes it much easier. You can file all the documents yourself but if you make any mistakes you could find yourself having to refile papers. Each form you file has a filing fee attached. The fees alone can be as high as $2,800 depending on what you are requesting. Most immigration services file everything for you and if the make a mistake they pay the difference. There fees really aren't that bad. For example, my husband is ready to file for his US citizenship. Filing fees to the BCIS are $450.00, our total costs for filing fees and service-$490.00.
2006-07-30 13:20:56 · answer #5 · answered by miki m 2 · 0⤊ 0⤋
I suggest that you get an immigration lawyer. It will make filling out the forms much easier! Expect that it will take some time, she may have to return to her country to await the visa.
2006-07-30 11:45:13 · answer #6 · answered by Anonymous · 0⤊ 0⤋
You don't need a lawyer for that....don't waste your money but time, well that is another story..it could take as long as 2 years so be prepared....call immigration and ask...it can't hurt and they don't know who you are...you just want info....avoid the lawyer fees...
2006-08-07 11:01:39 · answer #7 · answered by armyofone 2 · 0⤊ 0⤋
He is losing his green card and being deported when he gets out of jail. Marrying him will NOT enable any criminal alien to remain in the US. After he is deported, he can arrange for your immigration to his country of citizenship. Go build a life with your convicted criminal there.
2016-03-27 07:31:03 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Get a imigration lawyer they will help you through everything and trust me it is a long drawn out process
2006-08-07 08:33:35 · answer #9 · answered by Shannon T 2 · 0⤊ 0⤋
You don't need any lawyer, he wuold try to get of of your eyes, go to the city hall try to talk to a notary and he will tell you what to do...it's all about paper work....it's between 500 and 1000 dlls max. So don't pay more .....
2006-07-30 12:20:52 · answer #10 · answered by German R 3 · 0⤊ 0⤋