Can My Spouse Get a Green Card if We’re Married? Understanding the Immigration Process and Green Card Policy in California
Understanding Marriage Immigration in California
In a state with a multifaceted demographic composition like California, many individuals find themselves navigating the complex marriage immigration process. Numerous questions arise, and one of the most frequent is: Can my spouse secure a green card if we’re married? Although the marriage green card process in California is complex, it is much easier to understand with guidance from a California marriage immigration attorney.
We’re an award-winning California law firm with over 50+ years of experience in immigration law. Talk to an immigration attorney at Feldman Feldman & Associates PC in San, Diego California by calling 1-619-299-9600 today.
The Connection Between Marriage and Green Card Procurement
Marriage has been a traditional route for non-U.S. citizens to attain legal residency status in America. A marriage green card, granted to an alien national wedded to a U.S. citizen, affords the foreign spouse with permanent resident status.
Responsibilities of a Marriage Immigration Attorney
A marriage immigration attorney assumes a significant role in maneuvering this multifaceted procedure. They are adept in the convoluted legalities and protocols implicated in securing a green card post marriage, which renders their advice invaluable.
Navigating the Green Card Application Process
The marriage immigration protocol in California is similar to other states. It can appear intimidating, but is relatively simple when dissected and under the guidance of an experienced immigration attorney. It generally includes:
- Filing the primary petition: The U.S. citizen spouse submits a Petition for Alien Relative (Form I-130) with U.S. Citizenship and Immigration Services (USCIS).
- Adjustment of status application: The foreign spouse submits an Application to Register Permanent Residence or Adjust Status (Form I-485). This should typically be filed at the same time as the I-130.
- Work (EAD) and Travel (AP) cards. In most cases, these can be requested as an interim benefit while the I-485 is pending. They require additional forms and paperwork, but there is no additional fee.
- Biometrics and interview: The alien spouse attends a biometrics appointment and subsequently a green card interview.
- Receipt of green card: If approved, the alien spouse receives a green card via mail.
- Anticipatory Period for a Green Card Post Marriage
There’s no conclusive answer to the question, ‘How long does it take to secure a green card post marriage in California?’ Nonetheless, it usually takes from 5 to 36 months. This duration can vary based on numerous factors, such as the filing location, current UCIS workload, the facts of the case, and how well the paperwork is presented.
Can You Procure a Green Card Instantly Post Marriage?
While the idea of securing a green card instantly post marriage is enticing, it is unfortunately far from the truth. It’s a protocol that demands patience and lengthy documentation, and it’s advisable to seek guidance from a green card attorney.
The Function of a Green Card Lawyer in California
A green card attorney in California can offer invaluable advice and assistance in maneuvering the multifaceted immigration process. They can aid in ensuring all necessary forms and documents are accurately completed and submitted within the required timeline. Using a green card lawyer helps ensure the paperwork is complete with all of the necessary forms, documents, and presented properly. If there are any possible issues, such as a couple that does not live together, overstaying one’s status or working without authorization, an attorney can proactively address these with you and USCIS.
Marriage Green Card vs Citizenship
Acquiring a marriage green card is not the same as obtaining U.S. citizenship. A green card is a stepping-stone to citizenship, but it doesn’t bestow the same rights as citizenship, such as participating in federal elections.
Frequently Asked Questions
1. What is the marriage immigration protocol in California?
It beings with filing the I-130 petition and an application for adjustment of status (I-485), followed by biometrics, sometimes an interview, and finally receipt of the green card.
2. How long does it take to secure a green card post marriage in California?
The processing period can range between 5 to 36 months, but it fluctuates depending on location and individual circumstances.
3. Do you secure a green card instantly post marriage?
No, you must undergo the necessary application and approval process which requires time.
4. What does a green card lawyer perform?
They guide you through the intricate immigration process, assisting with form fulfillment, document submission, spotting legal issues and providing legal advice and guidance to maximize the chance of a timely approval.
5. What is the difference between a marriage green card and citizenship?
A marriage green card provides permanent residency, while citizenship confers complete rights and responsibilities of a U.S. citizen.
There are multiple steps involved in the immigration process. It is important to note that you can not get married and immediately receive a green card. It’s crucial to follow the legal process step-by-step, patiently waiting for each phase to be completed. The immigration process requires careful completion of forms, subitting all required documentation including the immigration medical exam results, attendance at appointments and waiting for approval. Notably, seeking the assistance of an experienced california immigration attorney, can make the process smoother and increase the likelihood of a successful outcome.
Contacting A Marriage Green Card Lawyer
By understanding the immigration process and partnering with a seasoned immigration lawyer, the path to securing a green card post marriage in California becomes less intimidating and more manageable.
To discuss securing a marriage based green card, contact Feldman Feldman & Associates PC at 1-619-299-9600 and learn how a legal professional can help.
