Problems With Applying for a Green Card in Marriage
Obtaining permanent residency through marriage is a difficult process, whether it is through the K-1 fiance visa path or through an already existing marriage. Historically, marriage has been abused as a way to get an easy green card. The result of the abuse is close scrutiny and and careful processing of every marriage case. As such, there are many problems that arise during the visa process. If you have nothing to hide and are patient and meticulous with your applications, all problems can be avoided.
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Paperwork
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The problems that causes the most headaches and delay in the immigration through marriage process are generally due to a paperwork discrepancies. Even a slight hiccup in any of the required documents, forms and letters is enough to stall your application for months. The paperwork must be perfect from the first step, from submitting the petition, through the visa process and through the green card application process. The United States Citizenship and Immigration Services offers online checklists for many forms and offers a thoroughly detailed instructions packet. Hiring an attorney is the safest way to ensure that your paperwork is sufficient and error-free. However, if you complete the process on your own, study every instruction packet and form carefully, making your own checklist as you go.
Proof of Relationship
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If applying for a green card through marriage as a fiance, that is, entering the U.S. with the intent to marry an American citizen, one of the most difficult tasks involved in the process is presenting proof of relationship to your interviewing consular officer. A foreign fiance intending to enter the U.S. to marry a U.S. citizen and obtain a green card must prove the validity of the relationship with physical evidence and often with personal details. The job of the interviewing officer is to weed out sham marriages for the sake of obtaining a green card. To prove legitimacy of a relationship, evidence such as airline receipts, telephone records, letters, printed emails, printed instant messenger conversations, photographs of the couple together, photographs of the couple with family members, a time line of the relationship and a question-and-answer session concerning minute details of the U.S. citizen fiance's life. To avoid any problems, take as much evidence as possible.
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Conditional Green Card
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Once the immigrant visa is granted, the alien fiance or spouse must file for a green card from within the U.S. A fiance cannot file for a green card until a legal wedding is performed and a certificate of marriage is received. Fiances must marry within 90 days of entering the country or will be considered out of status and subject to deportation. All green cards obtained through a new marriage or through a marriage of less than two years are subject to a conditional period. The green card for immigrants through marriage are not true green cards, but rather are temporary. The conditional green card is valid for only two years. Before expiration, the married couple must jointly file to remove the conditions on the card in order to obtain a true green card. The problem with the conditional green card is that it requires the married couple to stay together in order to lift the conditions. If a divorce should occur within the conditional period, the immigrant spouse may lose status and be subject to removal. Divorce is permissible under certain situations of hardship.
Patience
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The visa process through marriage, particularly through the K-1 fiance visa, is slow. In many cases, the visa process from start to finish can take anywhere from two to six months. The processing depends time completely on your case. Missing documents, suspicion and even your country of origin all play a role in the processing speed of your case. For many people, the slowness can be a huge problem as it essentially puts life on hold. There is no way to speed up the USCIS. You must be patient and do your part to ensure that you submitted correct and sufficient documents. If your case appears to be taking an unusual amount of time, or is being treated unfairly, seek the counsel and representation of an immigration attorney.
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References
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