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Law Office of Xin Miao, LLC We are the people working hard to make your immigration dream come true! |
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A U.S. citizen can file immigrant petition for his/her alien spouse any time after the marriage. It is a fast and easy path for the alien spouse to get the green card. If the alien spouse is in the U.S., he/she can file I-485 Adjustment of Status concurrently with the immigrant petition. A U.S citizen may also file immigrant petition for his/her step-child (the alien spouse’s child) if the child is unmarried and under 21-year old, and the referred marriage happened before the child reaches his/her 18th birthday. If the green card is granted within 2 years of marriage, it is conditioned and valid for 2 years. Within 90 days prior to the expiration date, the U.S. citizen and the alien spouse can jointly file for removal of the condition. The U.S. citizen will have to sign to prove that the marriage is still valid. Under some circumstances, such as divorce or death of the U.S. citizen, the alien spouse can file alone and request for a waiver if he/she can prove that the marriage was entered in good faith, and he/she doesn’t need to wait for the 2 year period to file such application. The most important issue is to establish there is a bona fide marriage. The following documents may serve as parts of evidence to prove this issue: communication records such as emails and letters; joint documents such as Bank Statements, Home Mortgage, House Insurance, Car Insurance, Energy Bill; affidavits of support from family members, friends and/or co-workers, etc.
● Marriage-based Green Card
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