Tuesday, December 28, 2010

Marriage Based Green Card Interview - An Overview

Generally immigration petitions and applications for adjustment of status will be denied by the U.S. Citizenship and Immigration Services where there is proof of fraud involved. These immigrants may be accused of fraud and are exposed to possible Green Card annulment though there was no fault of their own. Sometimes, immigration officers obtain uncomplimentary information through a notification by the employer who is sponsoring or with information developed during an applicant’s interview. Hence most marriages based on alleged fraud will be denied at the interview stage and the applicant is placed in deportation proceedings .

The marriage based Green Card interview is conducted by the immigration officers to verify the proof provided with the application. It is usually conducted to find if the applicant's marriage to the US citizen is a legitimate marriage. A legitimate marriage is a marriage that is legally binding and that was not entered into for the purpose of eluding the immigration law. It becomes the sole responsibility of the USCIS to focus on whether the bride and groom intended to establish a life together after their marriage.

In order to find out that a marriage is legitimate for immigration purposes, the examining officer looks into the conduct of the parties after the marriage. Basically, the officers can ask anything under the sun, from your own hobbies to general knowledge of the United States. According to the individuals situation, relevant factors may be addressed at the interview. For example if the green card you have applied for is employment based green card or Work Visa, then interview questions will be related to the work and the nature of work . In cases of marriage based green card, the queries will be relevant to the marriage which include whether the couple is living together and if they have joint property of their own, and whether they have a good relationship between themselves. Hence, any kind of googly questions can be raised by the officers. Things like body language and the presence or absence of a wedding ring are also taken into account. The most important thing to be considered is that, not be nervous and be very honest while answering the questions that are been asked.

It is indeed a tough task to leave your country and migrate to another country and get a visa just like getting US Visa to US. Added to the agony, you answer the immigration officers who are from the country you are going to migrate to as well as to the officers from your own country. Hence it is a lengthy process and supposed to be a stressful period for those who do not follow the rules and regulations. A thorough examination of all relevant information is recommended prior to the preparation and submission of documents to the USCIS.

Friday, December 17, 2010

Overview of Marriage Visas to the US

Overview of Marriage Visas :

The question of bringing your fiance(e) or spouse to the United States is quite complex and lengthy in nature. There are many conditions related to the marriage visas which are discussed below:

Contrary to common belief, a fiancee or spouse should not enter the United States on a tourist visa with an intent to stay and apply for a green card in due course by adjusting their status.

A further option for the spouse of a US citizen would be to obtain a green card directly from the US consulate or embassy in his or her native country before leaving for the United States, provided that the embassy or consulate will process the application.

Consequences of marrying a US citizen while on a tourist visa:

It is legitimate to come to the United States on a tourist visa or a US Visa waiver and marry a US citizen, provided that after doing so you actually intend to return to your home country. However if you enter on an tourist visa, marry a US citizen and subsequently apply for an adjustment of status, the USCIS would view it as an immigration fraud. Marriage visas should be used for the purpose it is meant for.

The 30/60/90 day rule is applied by the USCIS to determine if a tourist has commited a visa fraud:

The general thumb rule is as follows:

If an applicant applies for a green card adjustment of status within 30 days of his entering US, the intent to commit marriage visas fraud is presumed and the application in all probability will be denied.

If an applicant applies for a green card adjustment of status between 30-60 days, the presumption of visa fraud can be overcome by rebuttal.

If an applicant applies for a green card adjustment of status between 60-90 days, the presumption would be reversed unless there is evidence of a preconceived intent for visa fraud. In most cases the adjustment of status application will be granted

The marriage visa fraud suspicion seldom arises for an application that is filed after 90 days.

In almost all cases were a visa fraud is found, the consequence are bound to be severe. The applicant would be deported and could also be barred from entering the United States in the future.

The correct means of applying for a marriage visa:

  • Apply for a K-1 Visa. To be eligible for the K-1 visa, the foremost condition is that the fiance(e) should be marrying a US citizen and not a green card holder. The intending couple should have met within the preceding 2 years, and the US citizen should be able to financially support the overseas fiance(e).
  • Get married to the individual by traveling to his/her home country and then apply for a spousal visa (K-3 Visa)
  • Get married to the individual by traveling to his/her home country and then apply directly for a green card at the US embassy or consulate or petition for the spouse from the US.

Which of the above would be the fastest?

This would upon certain factors including, state of residence in the United States - generally based on the fact as to where the marriage visa application is filed, the policy and processing time of the US embassy or consulate.

The whole process is a complex one which should be addressed properly to avoid any problems.

Thursday, December 16, 2010

How to Get a Green Card through Marriage Immigration

Marriage to a US citizen is sometimes referred to as a quick way of obtaining the permanent residency. There are no limitations on the number of people who obtain permanent resident cards through marriage to US citizens.

There are so many rules when it comes to marriage immigration in the United States. If you are seeking to obtain a green card through marriage immigration, then you must be very careful with the application and must provide all the required evidence to support your application. A special benefit for the battered spouses and children of US citizens and lawful permanent residents are entitled by the immigration law.

There are few important factors that are to be considered when it comes to marriage immigration. These factors include the age difference, ethnicity or religious beliefs difference, the presence of witnesses at the marriage, the addresses separation, children, and the inconsistencies of excessive documentation. You must be able to prove that all the information are true and provide the right documentation. Even a small inaccuracy in the information provided will lead to the denial of your application.

While obtaining a green card through marriage immigration, you must be aware of the process which is detailed below.

  • Prior To Marriage

Your fiance(e) must file the form I 129F, Petition for Alien Fiance(e). This is a very necessary step to be followed when you enter the United States prior to your marriage. You must ensure that you enter the United States on a K1 visa (fiance(e) visa).

  • Status Changing

After you enter United States and you get married, your visas status will be still K1 and will not be changed to a lawful permanent resident. This is the process when you enter the United States before your marriage. Once married, you need to file for an adjustment of status. You must ensure your visa status does not expire before as long as you wait for your green card. Otherwise you will be deported from the United States.

  • Passing Interview

Once you fill in the marriage immigration document and submit it to USCIS, you and your US citizen spouse will have to go through the marriage interview process. The purpose of the marriage interview to is to check if all the applications are filed per the procedure and the documents issued are correct.

  • Receiving Green Card

After the above mentioned process, if you are checked and are stated that you are in a secure condition, the US immigration authorities will send you your green card. You will be issued first with a conditional green card which is valid for two years. Within the 90 days period immediately preceding the end of the two year period, you may file an application to remove the conditions on your green card to obtain the permanent resident status. If the marriage terminates for the reason of divorce, death of the citizen spouse, spousal abuse, the foreign-born spouse may apply for a waiver of the joint petition requirement to the USCIS at any time before the end of the two year period.

  • Outside the US

If your marriage happened outside United States, then you need to wait for your spouse to file a different petition called K3 visa which must be filled and completed before you enter the United States. This visa can be applied for only after your spouse has filed the I-130 petition. You can enter the US on a K-3 while the I-130 is still pending.