Applying for a marriage-based green card to immigrate your spouse to the United States legally can be complicated. To avoid delays or denial, you must accurately complete many requirements and piles of paperwork. Because of this, it’s highly advisable to have an experienced New York immigration attorney guiding you through the process.

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LaToya McBean Pompy is an immigration lawyer who immigrated to the United States from Jamaica. Her experience sparked an interest in helping many families be together in the U.S. by founding McBean Law. If you need help with your or a loved one’s visa, contact us here or call us today at (888)-462-4006 to schedule a private consultation with LaToya and her team of New York immigration lawyers who are here to help you.

What Mistakes Should You Avoid?

There are some everyday things that couples need to correct when applying for a New York spouse green card, but they can easily avoid them with proper guidance. This blog post will outline some of these frequent errors that applicants encounter so you can know what pitfalls to avoid.

1 .Forgetting To Include Required Documents

A snag many married couples applying for a green card hit is failing to include all necessary supporting documentation with their application package. Simply filling out forms is not enough; you must also submit official documents that validate the details provided.

Some essential items that often get overlooked but are required for a complete New York marriage-based green card application include:

Marriage Certificate
Birth Certificate
Passports
Recent Photos
Financial Records
Divorce Decrees (if previously married)

Ensuring everything that the immigration agency needs to review and approve the green card is attached is critical. Unfortunately, many applicants learn this lesson the hard way after receiving a “Request for Evidence” notice demanding additional documentation.

Lean on the experience of a New York immigration attorney to collate all documents correctly the first time to prevent any hold-ups. Don’t let your application linger for months, waiting on documents you forgot.

2. Not Filling Out Forms Accurately

One small mistake or missing detail on your green card forms can quickly snowball into significant issues and delays. Immigration forms are tedious and confusing, especially when English is your second language.

Having an experienced New York green card attorney review your paperwork after completing it can catch any inaccuracies you may have made by mistake. From saying you have never been married when you are divorced to listing the wrong date you entered America, minor innocent errors will raise red flags.

Even if issues on the forms are honest mistakes, immigration officials seeing inconsistencies or false information will be suspicious of fraud. Clearing up confusion caused by incorrect forms is a headache you want to avoid at all costs.

3. Omitting Important Relationship Details

A marriage green card application requires complete honesty and transparency about your relationship. Attempting to hide anything that could raise doubts will only backfire. Immigration authorities vet every union thoroughly.

Typical relationship specifics that get omitted but should always be divulged include:

Significant gaps in time spent together
Having ever been separated after marriage
Marrying shortly after meeting
Big age differences
Inability to speak your spouse’s language

A savvy New York immigration attorney will advise you to openly include any unique or uncommon details about how you met, dated long distance, etc. Being truthful at the start won’t guarantee approval, but lying by omission can lead to problems.

4. Forgetting To Do A Required Interview

Most married couples must attend an in-person green card interview before getting approved by the United States Citizenship and Immigration Services (USCIS). Rare cases may have this waived but expect to go unless your New York immigration attorney confirms otherwise.

Arriving unprepared for the interview without knowing what questions may arise or what documents to bring is an easily avoidable mistake. Failing to take practice runs, understand typical inquiries about relationship details, or bring requested identification to verify who you are makes for a very stressful experience.

Use the legal guidance of an experienced New York immigration attorney to be ready to properly present evidence, calmly answer personal questions, and avoid simple mistakes. Treat your immigration interview seriously, or you may walk away with a denial letter instead of getting your green card approved.

5. Switching Legal Counsel Mid-Case

Changing who represents you as your legal counsel in the middle of your application case can massively complicate things. Each New York immigration attorney builds a customized strategy based on your unique situation. They also compile evidence tailored to present the best argument on why you deserve approval in the eyes of immigration officials.

When you suddenly switch law firms halfway through the green card application process, you disrupt the positive momentum built by your original New York immigration attorney. The new legal counsel has to start again by learning background details and gathering supplementary documents that support your marriage’s validity.

This unnecessarily extends how long it takes to apply for your green card. Stick with the exact knowledgeable and dedicated New York immigration attorney from start to finish for the fastest and simplest path to success. Don’t change horses midstream, as the saying goes, or you will add headaches to your immigration goals.

6. Not Renewing Expired Passports

Your passport will be submitted several times as part of your marriage-based green card application. Failing to renew your passport before expiration halts international travel and stops a pending immigration case.

Even if you have no travel plans anytime soon, allowing passports to lapse means pending immigration petitions get denied or sent to the back of the line. This happens even if your passport expires the day before your green card gets approved!

Stay diligent about renewing passports months in advance and let your New York immigration attorney remind you as needed. Keep copies of the renewed passport as additional supporting evidence as well. Holding up ultimate approval over something as minor as forgetting to renew your passport is frustrating. Don’t let that be your story.

7. Attempting A DIY Application

The most common and impactful error couples make when applying for a New York marriage-based green card is trying a “DIY” approach without experienced legal guidance. Completing immigration forms, compiling documents correctly, and navigating convoluted legal processes is no easy feat, even for native English speakers.

Minor oversights or omissions can mean disaster for approval odds. Relying on partial information found online or advice from friends with no professional skill set is equally risky. They must follow too many intricacies and regulations to perfection, or red flags will rise.

Entrust your future in America solely to a reputable immigration law firm intimately familiar with New York state marriage laws and national immigration statutes. DIY is not recommended unless you have a law degree. The stakes are too high for these life-changing decisions not to have a skilled New York immigration attorney in your corner fighting for rapid approval. Don’t jeopardize achieving your shared life in America over paperwork.

How to Establish an Authentic Marriage as a New York Resident

Verifying married couples have a loving, committed relationship is central to securing green card approval. Living in a major metro hub like the five boroughs of New York City adds extra scrutiny. Immigration officials stay on high alert for people entering sham marriages seeking permanent residency without having genuine bonds.

Be ready with combined personal and financial affairs, and first-hand accounts of your dating history leading to an organic marriage decision. An experienced New York immigration attorney will prepare couples to convey relationship legitimacy convincingly at immigration interviews.

Minor oversights like mismatched address histories, inability to recall meaningful dates, keeping separate bank accounts or assets, and appearing generally distant or disinterested arouse suspicion. Avoid common pitfalls that erode your marriage validity in the eyes of discerning immigration adjudicators seeking verification it is the real thing built on love.

Why Hiring a New York Immigration Attorney is Critical

Acquiring permanent resident status through marriage to a United States citizen spouse is ripe with potential impediments at every phase unless managed carefully. Attempting a DIY green card application while working alongside a diligent New York immigration attorney who is experienced in family-based petitions means you are rolling the dice.

Too often, couples downplay the intricate filing processes, assuming their genuine marriage will be enough. Unfortunately, that is rarely the case when dealing directly with the United States Citizenship and Immigration Services department. Things go wrong quickly without adequate legal representation, from lost paperwork, incorrectly completed forms, forgotten supporting documents, or missed deadlines.

Moreover, should you receive the dreaded Notice of Intent to Deny or Requests for Additional Evidence, overcoming these without accurate legal counsel becomes exponentially more difficult. Always retain an experienced New York immigration attorney for streamlined success in securing permanent residence status for your cherished spouse wishing to call America home forever by your side.

Expediting Marriage Green Card Application Approval

Spending year upon year jumping through immigration hoops that separate you physically and emotionally from your beloved foreign spouse takes an extreme toll. Once married, most bi-national couples aim to accelerate getting their green card approved via any legal means allowable.

If you face extenuating hardship scenarios or high-priority employment issues, ask your New York immigration attorney to request expedited processing from USCIS, which significantly speeds up pending marriage-based green card cases.

Common Roadblocks that Delay Application Approval

Despite best-laid plans and diligently dotting every “I” or crossing every “T” on forms alongside your New York immigration attorney, obstacles still emerge that threaten to defer a spouse’s green card approval.

Being aware of a few recurring issues that tend to delay application processing empowers you to minimize impacts proactively. Keep the following pitfalls on your radar so they disrupt realizing your immigration aspirations as little as possible:

Request for Additional Evidence (RFE)

Immigration officers requesting more documentation to validate whether your marriage is legitimate or that sufficient financial means to support your spouse are available remains the top culprit for stuck cases. Working closely with an experienced New York immigration attorney helps assemble a fully prepared application to minimize this occurrence.

Fingerprint Check Delays

Part of reviewing green card petitions involves criminal background screening of the immigrant. Sometimes, backlogs in checking international fingerprints against law enforcement databases stall applications for months.

Name Check Delays

Similarly, any question on the background screening process of foreign spouses adds lengthy pauses while under security review. This expands wait times exponentially through no direct fault of the applicants themselves.

Once alerted of delays arising, your New York immigration attorney can explore alternative actions to rescue momentum, like requesting to expedite background checks. Stay ready to withstand procedural delays together too patiently.

Frequently Asked Questions About Applying for a Spouse Green Card in New York

1. How Long Does it Take to Get a Marriage Green Card in New York?

The timeline varies greatly depending on how complex your immigration situation is, priority dates, processing backlogs, and whether you face any Requests for Additional Evidence (RFE). Working closely with an experienced New York immigration attorney ensures as smooth and swift an application process as possible.

2. Can I Work While My Green Card is Pending?

Yes, pending a marriage-based green card application allows you to work in the U.S. while awaiting legal approval. Upon filing forms I-130, I-485, and related documents to adjust your status from temporary to permanent resident, USCIS will issue you an Employment Authorization Document (EAD). This allows maintenance of employment eligibility as your green card case proceeds through processing phases.

3. Can My Spouse Travel Outside the U.S. After Applying?

Generally, immigrant spouses should avoid traveling internationally while their Adjustment of Status case is being processed. However, it may be possible in emergencies if specific paperwork is completed in advance confirming your pending permanent resident petition. Immigrant spouses should only travel on an Advance Parole, otherwise, they risk being barred from re-entering the United States. Always consult closely with your New York immigration attorney before finalizing travel plans once a green card application is submitted.

4. Do We Both Need to Attend a Green Card Interview?

Yes, the U.S. citizen petitioner and their immigrant spousal beneficiary are expected to appear in person at scheduled marriage green card interviews when notified. These intensive question-and-answer sessions held at USCIS field offices are mandatory to determine if your marriage is authentic and that you meet all eligibility criteria. Arrive early and be prepared to provide identification documents and any evidence that supports your genuine spousal relationship.

5. What If My Spouse Visa Gets Denied?

First, stay calm, as there are still options. Immediately consult your New York immigration attorney, who will advise the best next steps based on why your marriage green card was denied. Being transparent about any issues early on with an experienced legal professional maximizes success on appeals or re-applications. Don’t panic and handle things methodically utilizing savvy counsel.

Planning Your Roadmap to Success

Whether you are seeking assistance with visa applications, green cards, citizenship, or any other immigration matter, we are here to help you every step of the way. Our mission is not just to provide legal services but to empower our clients with the knowledge and resources they need to achieve their immigration goals. With proper legal counsel, persistent preparation, and meticulous attention to detail, your success can become reality too. Partner with professionals like McBean Law to chart your visa journey’s triumph.

Avoid These Common Mistakes in Your Marriage Green Card Application