Can A Foreign Spouse Complete The Permanent Residence Based On Marriage Process Without An Attorney?

You can file the permanent residence bases on marriage on your own without an attorney. However, we strongly advise against doing so because there are a lot of changes happening with the immigration process. A lot of policies change on a monthly, if not weekly basis. So, it’s always good to have an attorney to handle your case. That way, it is the attorney who is staying up-to-date with the changes in the law and policies, and they can advise you on how to best handle your case with those changes. I do understand that it can be costly to have an attorney on top of the filing fees that you have to pay, but if you think in the long-term, it’s a lot better to do the process correctly from the start with an attorney. If you do it on your own, you run the risk of missing something or not filling out a form correctly, which can create more issues. Then, you’ll have to get an attorney at that point to handle the problems that arise from those unintended errors. Therefore, it’s best to have an attorney handle your process. But legally speaking, you do not need an attorney to complete the permanent residence application.

Does The Petitioner Have To Actually Be Married To File The Marriage Petition, Or Can That Be Done Ahead Of Time?

In regard to a marriage petition, you are required to be married before you file for the marriage petition. If you’re not married, and your spouse is living abroad, there is an option to file for the K-1 Fiancé Visa to bring your spouse to the United States, and then get married. But, in terms of the marriage petition, you do have to get legally married before you file that petition.

How Long Does It Generally Take To Process A Green Card Through Marriage?

Generally, the processing time fluctuates on a monthly basis. Prior to COVID-19, it depended on the service center in which the application was transferred to and processed. For the most part, in recent years, on a green card application, it took between 8 to 12 months from the time you submit your application to the time you are scheduled for an interview at the USCIS office. But now, because of COVID-19, a lot of things are kind of up in the air. We’ve seen processing times take between 12 to 18 months.

I Am A US Citizen And Have Filed A Petition For My Spouse To Join Me In The United States. Can He Or She Come To The US While The Petition Is Pending?

Typically, the spouse will need to actually attend the interview at his or her US consulate from his or her respective home country and get the approval from the consular officer before they can be permitted to come to the United States. Now, there are some exceptions in certain types of situations, such as if you were here and were being sponsored. For instance, if your spouse was here through an employer, there are some visas that let you come to the US and adjust your status. But, if your spouse is already a US citizen, and they are filing a petition for you and you’re abroad, unfortunately, you would have to wait until you attend the interview and get the approval from the consular officer before you are permitted to come to the United States.

What Does The I-130 Petition For Alien Relative Do As Part Of The Family Green Card Process?

The I-130 petition for an alien relative is essentially the form that is used to establish the relationship between the petitioner trying to bring their relative to the US, or to help their relative adjust their status to get a green card. That’s the foundational form that you start when you do a family green card process. The I-130 is simply establishes the relationship between the petitioner and the beneficiary, who is the person seeking the immigration benefit, namely the green card. If the petitioner and the beneficiary are husband and wife, then the I-130 is there to establish that there is a marital relationship. If it’s a parent and child, then that would be the relationship that the petitioner would be trying to establish on a I-130 petition.

For more information on Family Immigration, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (817) 532-5666 today.