Green Cards Through Marriage
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GETTING MARRIED TO A US CITIZEN OR LEGAL PERMANENT RESIDENT?

The legal permanent residence process (commonly known as the green card process) can be daunting and challenging, particularly under the current administration and the new public charge rules.  We are experts in obtaining legal permanent residence through marriage and will take you from the start to green card in hand with care and attention to the particular facts of your case. 

Get Our Free E-Book "Applying For A Green Card Through Marriage" 

Fill out the boxes below to get our free guide and learn about the biggest pitfalls when applying for a green card through marriage.

Hundreds of Approved Green Cards

Experienced and Top Law School Educated Attorneys

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DAVID MELIK TELFER  | DMT LAW FOUNDING ATTORNEY

EDUCATION
UCLA School of Law J.D., 2008
UNC- Chapel Hill, B.A. 2003 Magna Cum Laude & Highest Honors

ADMISSIONS
California, United States District Court for the Central District of California, Ninth Circuit Court of Appeals

A COUPLE OF HIS MAJOR CLIENTS
Fabricio Werdum (UFC Heavyweight Champion), Tame Impala, The Naked and Famous, World of Dance, Capleton, Faith No More (crew), and many families from nearly every continent.

LEARN THE VOCABULARY FOR YOUR GREEN CARD PROCESS 

The Petitioner is the U.S. citizen or Legal Permanent Resident that is applying for legal permanent residence on behalf of their foreign alien spouse.

The Beneficiary is the foreign alien spouse who is applying to receive Legal Permanent Residence through their U.S. citizen or Legal Permanent Resident spouse.

Adjustment of Status.  When you apply for legal permanent residence (a green card) within the U.S., it's referred to as an adjustment of status.

Change of Status.  When you change from one non-immigrant status in the U.S. to another.  This is not part of applying for a green card. 

Immigrant Visa.  When you apply for legal permanent residence, and you are not within the U.S., it's referred to as an immigrant visa.  After an interview at the end of the process, you enter the U.S. on your immigrant visa and automatically become a legal permanent resident. 

Conditional Legal Permanent Residency is the first status you receive (sometimes referred to as a conditional green card) if you obtain your green card through marriage, and you have not been married for at least two years at the time of your adjustment interview.  There is a 90 day window between 1 year and 9 months, and 2 years, after you received your conditional legal residency that you must apply to remove the conditions.  Contrary to common belief, you can still apply to remove the conditions even if you have divorced before the two year period - this requires an I-751 waiver application. 

Legal Permanent Residency is, like it sounds, permanent.  If you've already been married for two years at the time of your interview, or, once you "remove the conditions" from your conditional green card, you become a legal permanent resident.  Although the "permanent" green card is only valid for ten years, you are a permanent resident forever (provided you do not commit certain crimes or "abandon" your green card by spending too much time outside of the U.S.).

Immigrant Intent is your subjective mindset when you enter the U.S.  When you entered, what was your intention?  Was it to come live here and become a resident?  Or was it a temporary stay?  Your immigrant intent must match your visa.  If you entered on a non-immigrant visa like a B visa, P visa, or O visa, you must not have the intention to apply for a green card here.  Some visas are "dual intent," meaning you can have the intention to apply for a green card in the U.S. even though the visa is officially a "non-immigrant visa."  The H and L visas have dual intent.

Inadmissible.  The federal code that regulates immigration makes certain individuals "ineligible" to become legal permanent residents.  Among the many provisions for inadmissibility, you can be found inadmissible on account of past crimes (for which you have been arrested or not), committing fraud (for example, entering the US with the wrong immigrant intent and/or past fraudulent marriage), alcoholism, and the chance that you will be a charge of the state.   Some grounds of inadmissibility can be overcome with a waiver, some cannot be waived at all (aggravated felonies).

Inspection.  To adjust status (apply for a green card) in the U.S., you must have entered with inspection (outside of some small exceptions).  Entering with inspection means you came in on a visa, visa waiver, or can prove you were waived through at the border by an officer (this is very difficult to prove).  If you cannot prove you entered with inspection, and you are not eligible for one of the few exceptions like 245(i) or Parole in Place, you must apply for an immigrant visa, and most likely, a waiver as well. 

Public Charge.  One of the most controversial grounds for inadmissibility is the "public charge" ground.  It is incumbent on the petitioner to show that the beneficiary will not use certain government benefits after becoming a legal permanent resident.  Under the Trump administration, this test has become incredibly rigorous and requires a full disclose of both the petitioner and beneficiary's financial status, education, English fluency, and more.

Affidavit of Support.  In order to overcome the Public Charge inadmissibility (in part), the petitioner must sign an Affidavit of Support which is a contract with the U.S. Government to reimburse it if the Beneficiary does use certain government benefits before becoming a U.S. Citizen or before they accumulate 40 tax quarters (typically ten years).  If the Petitioner does not have enough income (according to the US Poverty Guidelines), they will need a joint sponsor who is held jointly liable for the reimbursement.  In addition, courts have interpreted the Affidavit of Support to be a promise to maintain the spouse above the poverty guideline in the event of divorce (i.e., they must pay alimony even when the law does not so require).

Advance Parole.  When you apply for an adjustment of status, you can also apply for advanced parole, commonly referred to as a travel permit.  Because you cannot enter the U.S. with most visas with the intent to "adjust status," you cannot leave the U.S. during the adjustment process unless (unless you have a dual intent visa like an H or L).  Advance Parole permits you to leave during the process without triggering an intent issue.  There is no government fee when you apply for advance parole during your adjustment.

EAD.  The EAD is commonly referred to as a work permit.  Although working without authorization does not per se make you inadmissible to adjust status, claiming to be a U.S. citizen to get a job can, and there can also be intent issues if you left the U.S. and came back or extended or changed your status (to another visa - not green card) in the U.S. after working without authorization.  When you apply for a green card, you will receive a work permit free of charge.  Normally the EAD and the Advanced Parole will be one card permitting both.  You will also receive a social security number if you do not already have one.  If you do have a social security number, it will remain the same, that never changes.

Naturalization is the process by which you become a U.S. citizen.  In order to become a U.S. citizen, you MUST become a permanent legal resident.  There are some situations, however, where you become a legal permanent resident and citizen the same day (minors of U.S. citizens living in the U.S.).  If you obtain your green card through marriage, you can apply for naturalization 2 years and 9 months after receiving your first green card (whether it is a conditional green card or not), and you are still married and in a viable marriage with the petitioner at the time you apply.  If you are divorced or separated, you must wait the full 4 years and 9 months from the time you received your first green card. 

Get Our Free E-Book "Applying For A Green Card Through Marriage" 

Fill out the boxes below to get our free guide and learn about the biggest pitfalls when applying for a green card through marriage.

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