Los Angeles Marriage Immigration Attorney 

Petition for Spouse of US Citizens 

US Citizens can file a petition for a green card for their foreign spouse.  This is an immediate petition, so there is no wait time.  If the spouse is inside the United States, the spouse can simultaneously adjust to a green card provided the spouse was inspected when he or she entered the United States, even if the spouse overstayed their status.  If the foreign spouse was not inspected when he or she entered the US, the foreign spouse can still adjust inside the US if the foreign spouse was grandfathered under INA Section 245(i).

If the foreign spouse cannot adjust inside the United States because he or she was not inspected and or not grandfathered by INA 245(i), then the foreign spouse will have to go through consulate processing outside the United States.  However, the foreign spouse would have to file an I-601A waiver of unlawful presence to avoid the unlawful presence bar from preventing them from being issued their immigrant visa at the US consulate overseas.

US Citizens can also petition their fiancé and spouses who are overseas.  We can assist in filing their petition and visa application through the US Consulate abroad.

The USCIS typically will evaluate if the marriage is bona fide.  Sometimes the USCIS will send out a field investigation if there are inconsistencies during the interview.  Other times, USCIS has the discretion to waive the adjustment interview if they are satisfied with all the evidence submitted.

Understanding the nuances of the petition process is crucial. It's essential to submit comprehensive documentation to prove the legitimacy of the marriage. This includes—but is not limited to—shared financial responsibilities, proof of cohabitation, and affidavits from friends or family attesting to the married couple's relationship. The documentation process can be extensive, and meticulous attention to detail is vital; errors or omissions can lead to significant delays.

Often, the process may also involve interviews with immigration officers who will assess the authenticity of the marriage. It's advisable to prepare thoroughly for such interviews, as they may include detailed questions about the relationship's history, daily habits as a couple, and future plans as husband and wife. Consulting with an experienced marriage immigration attorney can help couples prepare for these challenges, providing peace of mind and security in navigating the immigration system.

Petition for Spouse of Permanent Residents

Green Card Holders can petition their foreign spouses for a green card.  This petition is not immediate.  Such a petition is a preference petition under the F2A preference category.  Generally, there is a 3-year wait for such petitions to be current before the beneficiary can apply for a green card.

If the beneficiary spouse is overseas, he or she can apply for an immigrant visa once the petition’s priority date becomes current. If the beneficiary spouse is inside the US, the beneficiary spouse has to remain in legal status under some type of non-immigrant visa or be grandfathered under INA Section 245(i) if he or she overstayed their status.

Any minor children of the foreign spouse, whether a biological child of the petitioner or a stepchild of the petitioner, may also apply for a green card if the child is still a minor at the time the petition becomes current.  A minor child for immigration purposes are children under the age of 21, which is different than California state law.

Planning for such petitions requires foresight and strategy. It's important to consistently update and track the visa bulletin for changes in priority date progressions, which can shift due to policy changes or country-specific quotas. Staying informed will allow beneficiaries to prepare adequately when their date becomes current, ensuring all necessary documentation and legal requirements are meticulously organized and submitted in a timely fashion.

An additional aspect of this petition involves maintaining consistent and open communication between family members throughout the process to mitigate any stress or confusion regarding timelines or document requirements. The emotional journey can be just as demanding as the procedural one, making family understanding and support a critical component of this process.

Petitions to Remove Condition on Permanent Residency (2-Year Green Cards)

Foreign spouses that have been married for less than 2 years to their US citizen or green card holder spouses will only be issued conditional green cards that are valid for 2 years.  It is important for the couple to file a joint petition to remove the condition on the green card prior to the 2-year expiration by filing an I-751 with all the supporting evidence.  If the couple fails to do this, then the conditional green card holder will fall out of status.  During this process, the USCIS may evaluate the good faith of the marriage.  We will help you navigate through this process in order for you to get your permanent green card.

Understanding the importance of timelines is crucial in this regard. Couples need to start the application process well in advance of the expiration date to ensure that they provide sufficient documentation that justifies the removal of conditions. Timing is everything, and a well-prepared application can prevent complications or status issues.

Furthermore, gathering ample evidence that demonstrates the validity of the marriage continues to be a key component, not just at the initial stage but throughout the entire duration of the conditional residency. Documents such as joint tax returns, insurance policies, lease agreements, and shared financial accounts strengthen the credibility of the joint petition.

Waiver of Joint Petition to Remove Condition on Permanent Residency in Failed Marriages

For those who obtained their legal permanent residence status through marriage-based petition by their US citizen spouse of less than 2 years marriage, the legal permanent residence status conferred is usually a “conditional legal permanent residence” valid only for 2 years.  The couple would need to sign and file a joint petition to remove this condition prior to the expiration of the 2 years or the conditional legal permanent resident spouse would fall out of status. 

The problem arises when the marriage is in trouble.  Often it becomes difficult to obtain the cooperation of the US citizen spouse especially when the couple has separated.  The US citizen spouse often refuse to sign the I-751 form or appear at the I-751 interview if one is set by the USCIS.  Filing for divorce would terminate the marriage and allow you to file a “waiver” of the joint petition to remove the conditional LPR status based on entering into the marriage in good faith.  Terminating the marriage by filing a divorce is a requirement in order to file the “waiver.”  It is important to time this correctly as soon as the marriage starts falling apart because by terminating the marriage early on, you might be able to file the waiver before the expiration of your 2-year conditional LPR thus allowing you to extend your LPR status in 1-year increments until a final decision is made in your case.

Such situations require delicate handling and a deep understanding of immigration law. For individuals seeking to file a waiver, gathering evidence that reflects the authenticity of the relationship during its validity is critical. This could include supporting statements from friends and a consistent history of shared responsibilities. Legal advice from a knowledgeable marriage immigration lawyer can guide one through the intricacies of such filings, providing suggestions on how to compile a comprehensive waiver packet.

In addition, emotional resilience is key during this process. It's important for applicants to consult with legal representatives who not only understand the letter of the law but also recognize the emotional stakes involved. Having a knowledgeable attorney on your side can simplify the process and help you make informed decisions that align with both your immigration status and personal well-being.

Understanding Los Angeles-Specific Immigration Nuances

Being a major urban center in California, Los Angeles provides a unique landscape for marriage immigration cases. The city is home to a diverse population and immigration-friendly policies, making it a top destination for individuals looking to marry a U.S. citizen or permanent resident. This cultural diversity can be both a benefit and a challenge, as USCIS offices in the area are accustomed to handling multilayered cases involving individuals from various backgrounds. Familiarity with the particulars of the regional immigration office can expedite processes and decisions.

Furthermore, Los Angeles County’s numerous legal resources mean that petitioners have access to a myriad of support options. Whether seeking legal advice, attending support groups for immigrant spouses, or consulting financial advisors who understand immigration-related financial challenges, these resources cater specifically to the immigrant population. Understanding local government ties and the cooperation with organizations such as the Coalition for Humane Immigrant Rights (CHIRLA) can provide additional support and advocacy, potentially easing the path to achieving permanent residency through marriage.

Common Legal Challenges & How to Tackle Them

Marriage immigration applications are often fraught with common legal challenges that can complicate the process. Issues such as providing inadequate evidence of a bona fide marriage, encountering discrepancies in personal records, and navigating administrative backlogs are frequently cited by applicants and their attorneys. Moreover, adjustments in immigration policies can result in unforeseen delays or requests for additional documentation from USCIS.

To tackle these challenges, meticulous preparation and organization are key. Applicants should maintain organized records of joint financial accounts, residential agreements, and travel itineraries—all of which serve as proof of genuine marital cohabitation. Additionally, legal counsel should conduct regular follow-ups with immigration authorities to ensure compliance with any updated requirements. Employing the services of a marriage immigration lawyer, particularly one who is familiar with local processing customs and offices, can be invaluable in identifying potential hurdles early on. By being proactive, applicants can significantly reduce the likelihood of processing delays or denials, enhancing their chances of a successful outcome.

Frequently Asked Questions

How Long Does the Marriage Immigration Process Take in Los Angeles?

In Los Angeles, the timeline for marriage immigration can vary significantly based on several factors, including the USCIS processing times, case complexity, and the specific regional USCIS office handling the application. On average, the processing time for a marriage-based green card ranges from 10 to 13 months if the spouse is inside the United States. For spouses filing abroad, it might extend to 12 to 18 months due to additional consular processing steps. Factors such as incomplete applications or requests for evidence can further delay these timelines. To mitigate delays, applicants are encouraged to submit thorough and complete documentation from the outset and to respond promptly to any USCIS inquiries.

What Are the Requirements for a Marriage-Based Green Card?

To qualify for a marriage-based green card, applicants must meet several criteria established by U.S. immigration law. Firstly, the marriage must be legally valid and recognized in the place where it occurred. Secondly, the marriage must be bona fide, meaning it's entered into with the intention of establishing a life together, not just for immigration benefits. Evidence of this involves joint financial accounts, leases, utility bills, and affidavits from friends and family. Additionally, the sponsoring spouse must demonstrate sufficient income to support the immigrant spouse, usually by meeting the minimum guidelines set by the federal poverty level. Both spouses may also need to pass background checks. Given these requirements, working closely with an immigration attorney can ensure that the application is complete and accurate.

Can I Work While My Application Is Being Processed?

Applicants for a marriage-based green card who are in the U.S. typically can apply for a work permit (Employment Authorization Document) at the same time they file their Adjustment of Status application. If approved, the work permit allows the applicant to legally work while the green card application is being processed. Normally, it takes about 5 to 7 months to get a work permit. During this time, it's imperative that applicants maintain lawful presence and abide by all regulations to avoid jeopardizing their immigration status.

What Happens If My Marriage Ends Before Green Card Approval?

If a marriage ends before the green card is approved, it can complicate the applicant's legal status. Generally, the immigration process through marriage assumes a continuing marital relationship. Therefore, if the marriage ends before permanent residency is granted, the applicant may lose eligibility and face potential deportation. However, there are options such as self-petitioning under VAWA or seeking a waiver if the marriage was in good faith. It's crucial to speak with a marriage immigration attorney immediately to explore available legal options that could keep your immigration process on track.

What Are Some Common Mistakes to Avoid in Marriage Immigration?

Common mistakes in marriage immigration applications include submitting incomplete forms, lacking sufficient evidence of relationship validity, missing deadlines, and incorrectly answering USCIS requests for evidence. These errors can lead to processing delays or outright denials. To avoid these pitfalls, applicants should ensure their documentation is comprehensive and organized, proofread all submission details for accuracy, and consult with an immigration attorney if they have any uncertainties. An experienced attorney can provide guidance and identify potential issues before they affect the application's success.

For more information on how we can help you resolve your immigration as effectively and quickly as possible, please contact our office without delay to speak with our Los Angeles marriage immigration attorney.