- Legal Language Blog
- Can I cancel my spouse’s conditional green card status?
- Why Would My Green Card Application Be Denied?
Legal Language Blog
How a US citizen brings a spouse to live U.S. as a Legal resident (Green Card)get
Even if your marriage green card application is straightforward and free of red flags, the high stakes make a lot of applicants anxious. Citizenship and Immigration Services USCIS has the same goal as you and your spouse: Ensuring that eligible couples with genuine marriages are able to live together in the United States. Here are some of the most common problems that marriage-based green card applications run into, and how you can avoid them. The most essential part of your green card application is proving that you and your spouse have a legally recognized marriage and that your relationship is authentic. This marital relationship is the foundation of your eligibility for a green card. The first step is proving that you have a valid, legally recognized marriage. There are a number of ways that this can become more complicated, however.
By Ilona Bray , J. If you obtained your green card through marriage to a U. Indeed, U. So your concern is understandable. The underlying issue here is whether a divorce casts doubt on whether the marriage was the real thing, and how the issue will come to the attention of the immigration authorities and then be resolved. The answer to this question is not cut and dried. The good news is that there is nothing in the law saying that, once you are divorced or your marriage is annulled, your efforts to get a green card are automatically over.
If you've been sponsored for U. In fact, the reason this person is called the "petitioner" is that the first application that must be filed with U. Citizenship and Immigration Services USCIS to start off your immigration process is a petition usually on Form I if the employer is the petitioner, or I if a family member is , which that person or employer prepares and signs, without your help. But what happens if your petitioner changes his or her mind and wishes to stop cooperating with your efforts to immigrate? The answer will depend on various factors, in particular how far along you are in the process when that happens. If the petition has not yet been approved, USCIS will almost certainly deny it, and you will not be able to go forward with your plans to immigrate. Congress created this exception to address situations where U.
Divorce is complicated enough — but it becomes even more complicated when the end of your marriage could affect your immigration status. The Center for Immigration Studies estimates that close to , US citizens marry foreign nationals each year. These US citizens must take steps to secure green cards for their foreign-born spouses. While you may not want to dwell on what seems like an unpleasant or unlikely situation, it is important to be aware of the ways the divorce process can affect your immigration status. First things first: when applying for US citizenship it is vital that you translate all necessary personal documents into English — this includes both your marriage certificate and, if the marriage dissolves prior to securing citizenship, your divorce certificate. When requesting a marriage certificate translation, a birth certificate translation, or any other personal document translation for immigration purposes, make sure the company you work with is able to certify your documents.
Thirteen years after her husband was ordered deported back to his native Brazil, the official recognition of their marriage would bring him within a few signatures of being able to call himself an American. With legal papers, they could buy a house and get a bank loan. He could board a plane. They could take their son to Disney World. Clearly, your marriage is real. The bad news is, ICE is here, and they want to speak with you. ICE was Immigration and Customs Enforcement, the federal agency charged with arresting and deporting unauthorized immigrants — including, for the moment, Fabiano de Oliveira.
Can I cancel my spouse’s conditional green card status?
Permanent Residence Through Marriage: Five Problems To Avoid
Why Would My Green Card Application Be Denied?