Why is it Challenging to Get a Green Card Through Marriage in the USA?

Getting married is an exciting, life changing event! Green cards through marriage to U.S. citizens are  common. However, it is important to work through the application process properly to obtain a green card through marriage. Missteps in the process may result in significant, long-term immigration problems.

Green Card Application Process

If the foreign national spouse resides in the U.S., then they may be eligible to complete the process through adjustment of status. Restrictions do apply, and it is important to consult an immigration lawyer before proceeding.

If the foreign national spouse resides outside of the U.S., then the U.S. citizen spouse must first submit an I-130 Petition for Alien Relative on their behalf. Once that is approved, the case will be transferred to the

National Visa Center (NVC). At this stage, you should expect to:  

1.     Choose an Agent

2.     Pay fees

3.     Submit an immigrant visa application

4.     Submit documents to the NVC

Once the NVC has completed processing, the case will be transferred to the appropriate U.S. embassy or consulate abroad for an interview to be scheduled before an immigration officer.

Potential Issues During the Green Card Process

Immigration law and the green card process are deceptively complex. Therefore, it is important to seek legal assistance to ensure accuracy.

The green card process itself involves submission of lengthy, detailed forms and supporting documentation. Any errors, even seemingly harmless ones, may result in lengthy delays or denial of a green card application.

If the foreign national is in the U.S. and wishes to apply for adjustment of status, in general proof of a lawful entry must be provided. If the foreign national spouse has overstayed their visa, they may still be eligible to adjust status.

Criminal history, including certain arrests, convictions, and suspicion relating to gang or terrorist activity, may be a bar to a green card for the foreign national spouse.

Certain health issues may also be a bar to a green card for the foreign national spouse.

Prior immigration violations or deportation orders may additionally bar the foreign national spouse from receiving a green card.

A waiver may be available if the foreign national spouse is subject to a bar.

Contact Hurtubise Weber Law

Hurtubise Weber Law serves individuals in need of immigration services. Schedule a consultation for help with the processes and enabling a smooth transition for your family.