Love knows no borders, but immigration laws can present significant hurdles for couples. At Jarrett & Price, we specialize in helping couples in Savannah and throughout Georgia navigate the complexities of obtaining a marriage-based green card. With years of experience, a deep understanding of immigration law, and the latest technology to streamline communication, we ensure that you and your spouse are supported every step of the way.
What Is a Marriage-Based Green Card?
A marriage-based green card allows a non-citizen spouse of a U.S. citizen or lawful permanent resident to live and work legally in the United States. The process can differ depending on whether the spouse is currently in the U.S. or abroad, and it requires strict adherence to U.S. Citizenship and Immigration Services (USCIS) guidelines.
Adjustment of Status vs. Consular Processing
- Adjustment of Status (AOS): For spouses already in the U.S., this process allows them to change their immigration status to lawful permanent residency without leaving the country. (Learn more on USCIS Adjustment of Status page.)
- Consular Processing: For spouses outside the U.S., this involves applying for an immigrant visa through a U.S. embassy or consulate. (USCIS Consular Processing Overview.)
Both processes have specific steps and requirements, and choosing the correct path is essential to avoid delays.
Overview of the Marriage-Based Green Card Process
The process of obtaining a marriage-based green card involves several important stages. Each step typically requires attention to detail and thorough preparation to
ensure that USCIS has the necessary information to evaluate your case.
1. Establishing the Marital Relationship
The initial stage generally involves filing paperwork with USCIS to establish the marital relationship between the couple. This stage often includes providing documentation that demonstrates the authenticity of the marriage, such as official marriage certificates, shared financial records, and other evidence of a genuine relationship.
2. Applying for Immigration Benefits
Depending on the circumstances, the next stage might involve submitting additional applications to seek immigration benefits. For spouses living abroad, this often requires working with the National Visa Center (NVC) and attending an interview at a U.S. consulate. For those in the U.S., the process may include applying to adjust immigration status to permanent residency.
3. Background Checks
Applicants are usually required to complete a biometrics appointment, where fingerprints, photographs, and signatures are collected. This helps ensure compliance with U.S. immigration and security standards.
4. Providing Evidence of a Genuine Relationship
USCIS often evaluates the authenticity of the marital relationship through various forms of evidence. This might include joint leases, photos together, affidavits from family and friends, or other relevant documentation.
5. Attending an Interview
A key stage in the process often involves attending an interview where both spouses may be asked questions about their relationship, living situation, and plans for the future. The interview is typically conducted by a USCIS officer or a consular official, depending on the process being followed.
6. Awaiting a Decision
After the interview and submission of all required documentation, the final stage involves waiting for a decision from USCIS or the consulate. Depending on the case, further information may be requested before a decision is issued.
Challenges and Common Pitfalls
Even with the best intentions, many couples face obstacles during the green card process. Common pitfalls include:
1. Insufficient Evidence of a Bona Fide Marriage
USCIS officers are trained to detect fraudulent marriages. Without adequate proof, your application may face delays or denial. At Jarrett & Price, we guide clients in organizing evidence, such as:
- Joint financial accounts
- Photos from holidays and events
- Correspondence during long-distance periods
- Birth certificates of children (if applicable)
2. Errors in Documentation
Even minor mistakes on forms can lead to costly delays. For example, inconsistencies in names or dates can raise red flags. Our attorneys meticulously review all documentation to ensure accuracy and consistency.
3. Failure to Prepare for the Interview
A lack of preparation can result in nervousness or incomplete answers during the USCIS interview. We conduct mock interviews, simulate questions, and coach clients on how to handle difficult queries.
4. Requests for Evidence (RFEs)
An RFE is issued when USCIS needs additional documentation to make a decision. Our team quickly addresses these requests, ensuring that the needed evidence is provided promptly and correctly.
The Legal Framework Behind Marriage-Based Green Cards
The marriage-based green card process is governed by U.S. immigration law, specifically the Immigration and Nationality Act (INA). Key provisions include:
- Section 201(b): Establishes immediate relative visas for spouses of U.S. citizens.
- Section 245(a): Details eligibility for Adjustment of Status.
- Section 212(a): Lists grounds for inadmissibility, such as previous immigration violations.
Our attorneys use this legal framework to anticipate challenges and develop strategies to address them effectively. Our
How Jarrett & Price Can Help
At Jarrett & Price, we pride ourselves on combining legal expertise with personalized service and innovative technology to deliver exceptional results. Here’s how we support our clients:
1. Building a Rock-Solid Case
We work with you to compile a comprehensive application, ensuring all forms are complete, accurate, and supported by robust evidence. It is important to remember that the Government holds the married couple to the burden of proof to show that the marriage is valid and not fraudulent.
2. Preparing You for the Interview
Our attorneys conduct detailed interview preparation sessions, helping you feel confident and ready to address any questions from USCIS officers. We have attended hundreds of marriage-based green card interviews in a number of different USCIS field offices and understand how officers conduct their interviews. We can help make sure you are prepared for your interview and know what questions could be asked.
3. Using Technology to Keep You Informed
Our client app provides:
- Real-time case updates
- Secure document uploads
- In-app messaging with your attorney
- Alerts for upcoming deadlines and appointments
4. Resolving Issues Quickly
Whether you’re dealing with a Request for Evidence (RFE), a Notice of Intent to Deny (NOID), or a complex immigration history, we act swiftly to resolve challenges and keep your case on track.
Couples throughout Savannah trust Jarrett & Price because we go above and beyond to make the green card process seamless. Our dedication to clients includes:
- Proven Experience: Years of successful representation in marriage-based green card cases.
- Personalized Service: Every case receives the attention and care it deserves.
- Transparency and Communication: Our app ensures you’re informed and engaged throughout the process.
- Results-Oriented Approach: We focus on delivering the best outcomes for your family.
Contact Jarrett & Price for a Free Consultation
If you’re seeking a marriage-based green card attorney in Savannah, look no further. Jarrett & Price is here to guide you and your spouse through the complexities of U.S. immigration law with expertise and care. Call us today at 855-909-3021or fill out our online contact form to schedule your free consultation. Let us help you take the next step toward your future together.