General Information:
Almost everybody knows that getting married to a US Citizen is the golden mean for getting a green card. Any person that marries a US Citizen is considered an “Immediate Relative” and may apply for an Immigrant Visa (if they are outside the US) OR for an Adjustment of Status (if they are in the US under another Status). When you apply for a green card as a spouse of a US Citizen you may request a temporary work authorization. You must not leave the US until your green card application is approved. If you need to leave the country before your application is processed, your green card may be denied. There are some exceptions to this rule and you may get permission to leave the US for a short period of time in case of an emergency. All marriage cases are required personal interview of the husband and wife before an approval may be granted.

Frequently asked Immigration Marriage questions:

How long will this take for the United States Citizenship and Immigration Services (USCIS) to make a decision on my application?
This is very much depends on where you live in the US. In some areas it may take a year and in others about two years for the USCIS to invite you for an interview. The decision whether to approve your application may at the end of the interview; otherwise, you will be notified by mail.

What is the purpose of the interview?
The interview is a procedure whereby the USCIS examine the marriage. The USCIS will try to verify whether you and your spouse entered the marriage in good faith or just to get immigration benefits. If the USCIS suspect that you got married for the sole purpose of obtaining immigration benefits, your application will be denied. Furthermore, the USCIS may commence Deportation proceedings against you in order to remove you from the US.

What type of questions will I be asked during the interview?
The USCIS has discretion to ask a variety of questions and this is very much depends on the interviewer. Most of the questions however, will be related to your marriage life.

Can I bring my lawyer to the interview?
Yes. But your lawyer can not answer any questions for you or your spouse. People usually feel more comfortable and confident when their lawyer is present during the interview. Also, if for example, the interviewer requests a document from your file your lawyer will normally find it faster than you and may provide a legal excuse if you do not have it with you.    

What shall I bring with me to the Interview?
The Notice inviting you to the interview should contain a list of documents and information you must bring with you to the interview. The list includes all copies and ORIGINAL documents that were submitted with your application such as: affidavit of support, birth certificates and marriage certificate. In addition to that, you must bring with you documents which show that you and your US Citizen Spouse have been living together, that this is a real marriage and that the marriage was entered into in good faith.  
 
I strongly recommend that you contact a lawyer in order to prepare your file for the interview!

What will happen if I get divorced before the interview?
If you get divorced before the interview you are no longer entitled to get a green card through your US Citizen Spouse. However, if you (or your child) were subject to Physical, Mental, Sexual or any other type of abuse abuse by the US Citizen spouse, you MAY be entitled to file a SELF PETITION and apply for the green card yourself WITHOUT the US Citizen Spouse assistance. In this case I recommend that you see a lawyer to examine the applicability of this option to your case.

Can gay/ lesbian marriage be a ground for getting a green card under this category?
NO. Although some States recognize same sex marriage in their internal legal system this is not the case with regard to immigration benefits and a gay/ lesbian US Citizen can not file a green card application on behalf of his/her spouse.
 
Do I have to come to your office in order to file the application?
NO. Almost every application for a Green Card does not require a personal meeting in our office and can be processed through mail, fax or email correspondence.

How do I start a case?
To start a case you will have to provide our frim with several documents regarding you and your US Citizen Spouse who wishes to sponsor you for the Green Card. We charge $275.00 to evaluate a case and to provide you with our detailed list of documents and a more detailed explanation of the process. The payment is non-refundable but will be credited toward the additional legal fees expected to be paid for this service.

*Note that the above prices are subject to change at any time and without further notice. Prices do not include applications for dependents, dealing with Notice of Actions, out of pocket expenses and any unexpected circumstances we may have to address.

**This is general information and is NOT intended to provide legal advice.