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legal aspects you should know before marrying a foreigner

September 13, 2022

Love is accidental; out of nowhere, it can suddenly appear while visiting a relative abroad, on vacation during a Caribbean cruise, on a business trip, or even during a pilates class. No matter how or where you met “your soulmate,” love has no boundaries. That being said, your spouse’s immigration status and their process should not be a problem. Therefore, to help you build a future alongside your loved one, we will explain the top 3 legal aspects you should know before marrying a foreigner.       1) There is the K-1 Visa, for those who want to get married on U.S. soil. Whether you proposed on a trip to Paris or met your fiancé(e)’s family overseas and decided to have them as part of the proposal, where and how you proposed doesn’t matter that much. What matters is whether the wedding will be on U.S. soil or not. If so, as a U.S. citizen, you can sponsor your fiancé(e) and apply for the K-1 visa to get married here. The K-1 visa, also known as a fiancé(e) visa, allows your future spouse to travel to the U.S. for marriage. The condition is that there must be an intention of getting married within 90 days of their arrival. We recommend your fiancé(e) doesn’t extend their travel period. In the unfortunate event you don’t get eloped during this time, your fiancé(e) must leave the country. Failing to comply can cause them to be deported and jeopardize their chances of having other immigration benefits. After getting married, your new spouse can later apply for an adjustment of status to become a U.S. permanent resident and receive a green card. Remember, the USCIS states that the marriage must be legitimate in which there is an intention that both you and your fiancé(e) are going to establish a life together and that the marriage is not to provide them immigration benefits.       2) K-3 Visa, for those couples that wish to get married outside the U.S. In the event you marry your fiancé(e) in their native country or outside of the United States, your partner can still enter the U.S. by applying for the K-3 visa. By having this visa category, your spouse is also eligible for an adjustment of status to become a permanent resident. With the K-3 visa, it is important to know that your partner must apply for it in the country where you got married. In addition, in order for your loved one to be legally qualified as a spouse, it is not enough to live together in the U.S.; you must legally elope. However, according to the USCIS, couples that have a material union in another country may qualify for the K-3 visa dependent on how each country defines common-law marriage. It is important to note that in polygamous relationships, only the first spouse is eligible for this visa.       3) Is it possible to get married on a tourist visa? When getting married to your partner that has a tourist visa, we recommend following a series of steps that will help avoid any legal problems. For starters, you should […]

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How to renew your Green Card?

November 15, 2016

The expiration or expiration of a Green Card does not mean that you are no longer a permanent legal resident of the United States. Unless you commit a crime that causes you to enter the list of deportable persons or stay abroad for longer, you will remain a permanent resident for life. To show the relevant authorities that you can live and work legally in the United States, in order to travel and return without problems, you just have to keep in mind the renewal times. When you have a 10-year Green Card it is very important to renew it immediately and if it expired or will expire in the next 6 months, it is important to consider these steps: Complete a renewal application online or by mail. Gather your supporting documents. Pay government fees, if necessary. Send your request and wait for your new green card. It is very important to consider the times since USCIS can deny your request and withhold your payment if you submit your request too soon. How do I check the status of my application? The status of your renewal application can be reviewed online only with your receipt number. In the event that your application for the renewal of the Green Card is denied and meets all the requirements, you will need the help of an immigration lawyer to review your application and file a motion. In these cases, the collaboration of a lawyer is important because you will not be allowed to appeal a negative decision of this Agency. Not as long as the law is met, there are situations in which the US government. UU. You could deny a Green Card renewal application.   The clearest example is having committed a crime or not paying the corresponding taxes. Although it also happens that your request is denied for lying or submitting an incorrect form. However, you will always receive a letter explaining the reason you were denied. Once you need the services of an immigration lawyer in Atlanta to file a motion, you can ask the USCIS office to consider reviewing your case again to examine your decision. To reopen your case you must present the evidence and documents by which you are eligible to renew your Green card. “When you appeal a decision to the AAO, the USCIS office that made the original decision will first review the appeal to determine whether you should take favorable measures and grant the requested immigration benefit. During this “initial field review,” the review office will treat the timely appeal as a motion to reopen or a motion to reconsider and approve the request or request; or forward the appeal and the record of procedures related to the AAO to issue a new decision. ” USCIS – Appeals and Motions The review of the green card motion may take approximately 45 days. But, in case USCIS grants your request to the AAO (Office of Administrative Appeals) for further review, it may be ready within the first 6 months of your appeal. The Zambrano & Ruiz attorneys are aware of immigration laws and can know […]

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