Green Card Category As7 Can I Remarry Again

By Carlos Batara

As a green bill of fare lawyer, I've met likewise many married immigrant couples who take the permanent residence process as well lightly.

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They call up, "Nosotros're legitimately married, and so why worry?"

Not so fast.

Marriage, alone, is no guarantee of immigration success.

Sure, marriage is one of the quickest routes to earning legal residency.

However, there are several potential pitfalls on the manner to green card happiness.

The Viii About Common Problems Faced By Couples Trying To Win Green Cards Through Wedlock

Here's a list of the most common stumbling blocks if you lot're trying to become a permanent resident through your U.S. citizen wife or husband.

ane. Is Your Marriage "Real"?

Rule number ane. The Bona Fide requirment.

The marriage between yous and your spouse needs to exist real.

This means you married for honey.

In other words, exercise not go married for the purpose of receiving a greenish card or evading any provisions of clearing constabulary.

Seems obvious, doesn't information technology?

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The government takes green card marriage fraud seriously. Even in cases which seem uncomplicated. Like that of Raul, a U.S. citizen, and Sophia, a couple in their early on 30s.

They met in loftier school and married in their early on 20s. They had five children. One day, Sophia was stopped for a traffic violation. Immigration officials, called past the local police officers, took her into custody. The government filed deportation charges.

Sophia entered the U.S. most 15 years before she met Raul. Her father, a permanent resident, filed papers for her when she was a minor child. Subsequently her parents divorced, he failed to process her green menu application.

At starting time glance, the path to Sophia'due south permanent residence condition seemed direct-forward. Withal, USCIS questioned if their marriage was bona fide.

To the authorities, since Raul did not file a family-based visa petition until Sophia was arrested, his actions seemed suspicious. They challenged him to testify his sponsorship of green card marriage application was not simply to help her evade removal from the United States.

Anyone who attempts a sham marriage for immigration benefits is foolish.

Marriage fraud is a federal crime. Each spouse is bailiwick to being sentenced to prison house and assessed a hefty fine. Moreover, the immigrant spouse will be deported and banned from the U.S. for not less than 10 years, and most likely for life.

2. Is Your Marriage "Legal"?

Some couples think a marriage certificate is all they need to prove they're legally married.

Not always.

The requirement that a wedlock must be legal ways:

  • Both parties are free to marry
  • All prior divorces take been officially completed
  • The marriage is recognized equally legal in the state where it took place

Accept Rosalinda, a adult female who recently visited my Riverside clearing function to discuss her displacement case. She had married her husband six years agone. Notwithstanding, her aligning of status awarding was denied.

Although she had divorced her starting time husband, she did non complete the divorce procedure until 10 months after she had married her current husband.  She was seeking a greenish card as a spouse of a U.S. citizen.  Her late divorce nullified her marriage status.  This meant her dark-green card wedlock I-130 petition was invalid.

In a different affair, Charles had divorced his showtime married woman over 25 years ago in the Dominican Commonwealth.

He filed papers to emigrate his second wife from Argentina.

He had never followed up on the last steps necessary to terminate his divorce. He went to court for a terminal divorce hearing. Just he did not submit the written judgment for certification and approval from the court.

Similar to Rosalinda, Charles' second married woman was placed in removal proceedings at immigration court.

Their efforts to obtain a wedlock-based green card also fizzled because their marriage was not legal.

iii. Do You Understand What Being Out Of Condition Ways?

By and large, when yous are out of status, it means the time you spend in the U.S. is unlawful.

Beingness out of status happens 2 means:

  • Entering without inspection
  • Overstaying your visa

Did Yous Enter The U.South. With Or Without Inspection?

If you're the immigrant spouse, this is a hugely of import question.

How you entered determines where your green card through matrimony interview will accept place.

Some immigrants are interviewed in the United States. This is known every bit adjustment of status. The appointment occurs at a local U.S. Citizenship and Immigration Services office.

Other spouses are required to attend an interview in their home land. This is chosen consular processing.

You are able to seek adjustment of condition if yous entered legally.  (This possibility takes place almost frequently when you are the spouse of a U.Southward. denizen.  Spouses of permanent residents authorize for this opportunity less often.)

The few exceptions to this dominion are tricky. If you entered without inspection, you should be careful to double-check if these exceptions protect you lot before you file a permanent residency application.

Many immigrant husband and wives, required to return home for their greenish carte marriage interview, must seek a family unit unity I-601 hardship waiver. If the waiver is not granted, they volition not be allowed to legally reenter the United states.

Are You lot An Overstay?

When you enter the U.s.a. legally on a temporary visa, you are required to leave before your visa expires.

If y'all take lived in the U.S. by your departure appointment, y'all are out of status.

Again, there are some exceptions to the full general rule. But y'all demand to be extra cautious when using ane of them equally a basis for filing a permanent residence awarding.

Do You Have An Unlawful Presence Problem?

In some instances, filing a green card through marriage application will cure the bug of entering without inspection or overstaying a visa.

Other times, these issues can crusade a spousal relationship-based dark-green card application to be denied.

Upon denial, the immigrant spouse volition probable be referred to immigration courtroom and placed in removal proceedings to face deportation charges.

in short, if you lot take been out of legal status, your spousal green card has to be carefully prepared.

Otherwise, a uncomplicated fault could plow your permanent residence dream into a deportation nightmare.

four. Exercise Y'all Know How Criminal Records Bear upon Your Green Card Awarding?

On the surface, this pointer seems unnecessary.

If you have been charged with having committed any crimes or bedevilled of whatsoever offenses, you may non be eligible for a green card.

There's more to this warning.

Even the mere human action of participating in sure activities, without any criminal charges having been filed, may still disqualify you for condign a permanent resident.

Moreover, some permanent residency seekers recall short police detentions, sealed criminal records, or expunged misdemeanors do not demand to be disclosed. As a issue, they omit this data from their dark-green card applications.

Unfortunately, they're wrong.

Small-scale crimes tin can cause major immigration problems.

Prior to your green card marriage interview, you're sent to a biometrics engagement. The government runs a criminal background check based on your fingerprints. At the time of your interview, the officer already knows most of your criminal and abort history.

Worse, the failure to list such data can pb to the denial of their applications or allegations of immigration fraud.

All arrests, citations, detentions, or encounters with constabulary enforcement officers anywhere in the globe must exist disclosed on the application. The only exceptions are pure traffic violations like parking or speeding tickets.

Don't let any of these matters trip you upwardly.

If you take fears about your criminal records, y'all should probably consult with an deportation expert about such matters.

The actress precaution may be the saving grace for your marriage-based permanent residence application.

5. Practice You lot Meet The Affidavit Of Support Requirements For Green Card Marriages?

Many marriage light-green carte applicants underestimate the significance of the affidavit of support.

Don't exist one of them.

What is the affidavit of support?

Substantially, the affidavit of back up is a contract between your spouse and the government.

Earlier approval your request for a green bill of fare, immigrant officials want to ensure that the sponsoring U.S. spouse has the fiscal ability to support the immigrant spouse for the next x years.

In other words, the U.Due south. government does not want new permanent residents to become "public charges" and employ public resources like welfare, subsidized housing, and food stamps.

The most mutual problem is that the sponsoring spouse does not provide the authorities with sufficient documentation to to verify his financial situation. This includes revenue enhancement returns, Westward-2s, IRS transcripts, and employer verification messages.

In some cases, issues arise considering the U.S. sponsor has not filed by tax returns, has filed fraudulent tax returns, or is self-employed with scanty records. These often require the assistance of a tax consultant, which imposes a temporary halt to the green card through matrimony process until such bug are corrected.

calculating affidavit-of-support-for-marriage-green-card-cases

In other situations, a sponsor may not earn enough to meet the affidavit of support fiscal requirements. This problem can normally be solved with the help of a joint sponsor, similar a family relative, close friend, or employer, who files a supplemental affidavit of back up on behalf of the immigrant spouse.

6. Are You Using Selective Memory To Forget Information?

There are two types of retention issues which ascend in dark-green card union immigration cases.

The outset type is innocent. And easy to correct.

Don't guess.

If you don't know the answer to a question, your guess will often make matters worse. An officeholder reviewing your application may think your innocent guess is a deliberate falsehood.

On the other hand, a guess may provide an answer which disqualifies you from winning permanent residence.

It is perfectly okay to say that y'all practise not retrieve something. An honest "I don't recollect" is ameliorate than a wild guess.

The second type of selective memory is not innocent.

confused-male-green-card-marriage-applicant

Some clients believe that by not revealing everything, they assistance their cases

They're incorrect.

I've interviewed potential clients who claim they cannot call up details related to answering questions in their applications. Slowly just surely, their explanations unravel. In such situations, it is pretty clear details are not being recalled in a selective mode.

If I tin sense this behavior, and then tin can clearing agents trained to spot inconsistencies.

There is no positive benefit for taking this approach.

When immigrants deliberately decide to not disclose full or accurate details, they're usually trying to paint a picture which they think an officer wants to see.

Many times, the issues which are non fully explained are relatively unimportant.

The true answer, with consummate details, volition not harm the dark-green menu seeker's effort to become a permanent resident.

USCIS examiners will ofttimes forgive that you worked without permission, committed a minor crime, or overstayed your visa.

On the other hand, selective recall may crusade you more impairment than proficient.

Picayune white lies, user-friendly omissions, exaggerated descriptions paint a negative motion-picture show of your willingness to tell the truth – which causes the interviewing officer to doubt other information you provided.

This can atomic number 82 to the denial of your application, or worse, cause your deportation.

7. Did Yous Submit Sufficient Supporting Evidence Of Your Union-Based Greenish Card Application?

By "sufficient" supporting evidence, I hateful two things.

Get-go, did you submit plenty documents to prove the legitimacy of your marriage and qualifications for a green carte du jour?

2d, did you file the proper types of supporting materials?

Normally, if at that place is a deficiency, the government will send you a observe requesting more evidence. This is called a Asking For Evidence (RFE).

An RFE should not be feared.

By issuing an Request For Testify, the government tells y'all what specific documents they want to review. Therefore, responding to the RFE in a thorough manner is critical to your success.

Usually, the types of documents requested are "basic" evidence like birth certificates, passports, entry papers, visas, name changes, wedlock certificates, naturalization certificates, divorce decrees, tax records, police records, court orders, and prior immigration filings.

At times, the RFE may seek certain bear witness considering you mistakenly gave a wrong answer on your awarding. In essence, it helps you spot mistakes.

Explaining these errors at the RFE stage help your green carte spousal relationship interview go smoother, improving your chances for success.

8. Are You Prepared For Your Spousal relationship Green Bill of fare Interview?

Do not take getting set for your dark-green card marriage interview lightly.

Wearing apparel For Success

This starts with your dress. I tell my clients to dress neatly, every bit if they were going for an office chore interview or a special church outcome. Remember interviewers are people too, and outset impressions count.

Arrive Early

Exercise everything possible to avert being late. This begins a day or two before your interview. If you lot're non familiar with the USCIS role location, map out the bulldoze in advance. Accept a test drive so you lot can effigy out if you'll need extra traveling fourth dimension.

Sometimes, existence late is unavoidable. Perhaps at that place was a automobile blow which delayed traffic for a long time. By planning alee, you reduce this risk.

If y'all're late to the interview, the government may deem your tardiness as an absence. Your absence may exist classified as an abandonment of your permanent resident application.

Bring Original Documents And Translations

Fifty-fifty if you responded to a Asking For Evidence, you are nonetheless required to bring original copies of documents y'all submitted with your awarding. You will asked for certified copies of marriage certificates, divorce certificates, naturalization certificates, birth certificates, and records like your passport or I-94 card.

If whatsoever documents are not in English, bring their official translations.

Due to the Coronavirus, USCIS has temporarily changed many of its interview 24-hour interval requirements. This include rules regarding arriving early and the utilise of interpreters.

For more details, see: What You lot Need To Know About How COVID-19 Has Changed Greenish Card Interviews.

Bring A Translator

If your do non speak fluent English, yous should probably have a competent translator with you.

At your green card through matrimony interview, your U.South. spouse cannot translate for y'all. Neither can your lawyer.

Practice not simply bring a relative or friend who speaks both languages. You lot need a competent translator.

There is a possibility that you may not sympathize some questions asked by the USCIS officer. Similarly, the agent may not embrace your responses. These types of misunderstandings are not uncommon.

The officer might think you're existence dishonest or hiding something. This, of grade, can pb to the denial of your awarding for permanent resident benefits.

By bringing a qualified translator, y'all can avoid such stumbling blocks.

avoid-language-barrier-problems-at-marriage-green-card-interview

I've had several clients who decline to pay for a qualified interpreter. They underestimate the danger of potential cultural and language misunderstandings, which can lead to bigger problems and costs.

I tell them about a one-time San Bernardino client of mine, Jimmy, who was born in China. When I reviewed his dark-green menu application papers, it was clear that they were poorly prepared. He had payed a Chinese immigration assistant a substantial sum of money, but could not locate the individual.

Shortly after his adjustment of status application had been submitted, his assistant closed shop.

After interviewing Jimmy, I learned he was the victim of clearing fraud. The assistant took advantage of him.  Jimmy's comprehension of the legal technicalities was limited.

He thought his dark-green card application based on marriage to a U.S. spouse was in order.  Information technology was seriously flawed.

I encouraged him to hire a certified interpreter.

At the interview, the translator fabricated the departure. Jimmy's application was denied.  Simply  the officer realized he had been duped. He understood Jimmy and his wife were victims of a con artist.

As a issue, Jimmy was non placed in deportation proceedings. Instead, the officer gave him the run a risk to refile a new dark-green card through marriage application with accurate information.

In my view, paying for a certified translator is worth the gamble of having your immigration hopes and dreams destroyed forever.

Bring Joint Buying Evidence

Most couples who enter into a serious marriage will share their avails and liabilities. Every bit a result, immigration agents look closely at joint ownership records. Items like rental records, utility statements, insurance policies, bank accounts, phone bills, and tax records are reviewed to determine if the immigrant and U.Due south. spouse are handling their affairs as a married couple or as individuals.

Cognition Of Your Spouse's Family

This is another tell-tale sign of a bona fide union. Have you met your spouse's family members?

Pictures of wedding receptions, holiday parties, and family unit gatherings are important proof of a legitimate union.

Sometimes, when one spouse'due south parents alive far abroad, they cannot beget to travel to the U.Southward. for a hymeneals. In these instances, government officers sometimes inquire for congratulation letters, altogether cards, or holiday greetings sent to or from the distant relatives.

Recently, a Smoothen customer brought a video of her union, in which her parents participated long distance via Skype to her interview. The government agent, to say the least, did not question the legitimacy of her marriage dark-green card efforts.

Over the class of several years, the Batara Immigration Law team has helped immigrants avoid these mistakes and guided them to permanent residency success.

Click here to discover out more on how nosotros tin help y'all and your family: Our Approach To Clearing Law.

Conclusion: Don't Underestimate The Marriage Green Card Process

Every bit noted at the outset, I've met many married couples who underestimate the difficulty of the marriage green card process.

There are several stumbling blocks on the path to winning your permanent residency example.

If any of the above questions worry you, why have unnecessary risks? To be on the rubber side, yous should seek legal counsel familiar with green carte bug before filing an application.

Recommended Reading:

My Fiancé Entered With A Visa Many Years Ago. At present It is Expired. Tin can He Get A Green Card?

My Light-green Card Interview Is Coming Upwards Shortly. My Husband And I Are Separated. Exercise I Take To Drop My Instance?

My Spouse And I Separated Before My Two-Year Residency Expired. Do I Accept To Render Home?

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Source: https://www.bataraimmigrationlaw.com/marriage-green-card-mistakes

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