Securing a green card for your spouse in a second marriage can be overwhelming. If you feel uncertain about your rights and options, know you’re not alone.
LaToya McBean Pompy immigrated to the United States herself. Her experience sparked an interest in helping many families unite 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 immigration attorneys, who are here to help you.
Understanding Your Legal Rights: Second Marriage Green Card Situation
When applying for a green card, it’s crucial to arm yourself with knowledge about your legal rights. As a U.S. citizen, you have the right to sponsor your spouse for permanent residency, regardless of whether it’s your first or second marriage. However, the process can be complex, and it’s essential to navigate it with care and precision.
One of the first steps is to determine your eligibility. To sponsor your spouse, you must be a U.S. citizen or a permanent resident. If you’re a citizen, you can file a petition for your spouse immediately after your marriage. If you’re a permanent resident, you’ll need to wait for a visa to become available before filing your petition, which can take longer.
The Timeline of Getting a Green Card Through a Second Marriage: What to Expect
Many couples are eager to know how long the second marriage green card process will take. The truth is, that the timeline can vary depending on various factors, such as your citizenship status, the country your spouse is from, and the current backlog of the U.S. Citizenship and Immigration Services (USCIS) cases.
On average, the entire process from start to finish can take anywhere from 14 to 79 months. Here’s a general breakdown of the steps involved:
- Filing the initial petition (Form I-130 Petition for Alien Relative),
- Waiting for approval of the petition,
- Either filing for an adjustment of status if your spouse is already in the U.S. or filing for a case with the National Visa Center if your spouse is abroad,
- Attending the green card interview,
- Receiving the green card once approved.
Second Marriage Green Card Process: How an Immigration Lawyer Can Help
While it’s possible to go through the second marriage green card process on your own, having an experienced immigration lawyer by your side can make a world of difference. An immigration lawyer in New York who has experience in immigration law can help you avoid common pitfalls, ensure that your application is complete and accurate, and advocate for your rights throughout the process.
When searching for an immigration lawyer, look for someone who has experience handling second-marriage green card cases. It’s important to choose someone who you feel comfortable working with and who takes the time to understand your unique situation.
Protecting Your Rights and Your Future
Navigating the second marriage green card process can be a stressful and overwhelming experience, but remember that you have rights and options. By educating yourself about the process, seeking the guidance of an experienced immigration lawyer, and being proactive about your case, you can increase your chances of a successful outcome.
According to recent statistics, in 2023, there were over 200,000 new green card applications approved by USCIS. While every case is unique, these numbers demonstrate that with the right approach and support, obtaining a green card through a second marriage is an achievable goal.
Frequently Asked Questions
Can I apply for a green card if I’m still married to my first spouse?
No, you must be legally divorced or widowed before entering into a new marriage and applying for a green card based on that marriage.
How much does it cost to apply for a second marriage green card?
The cost of applying for a green card through a second marriage can vary, but generally, you can expect to pay around $650 for the initial I-130 form filing, and an additional $600 to $1500 in government filing fees depending on whether your spouse is in the U.S. or abroad. This does not include additional costs for legal representation.
Can I work while waiting for my second marriage green card?
If your spouse is applying for a green card from within the U.S. (through adjustment of status), they may be eligible for a work permit while your application is pending. If you’re applying from outside the U.S. (through consular processing), you’ll need to wait until your green card is approved before you can work legally in the U.S.
What happens if my second marriage ends before I get my green card?
If your marriage ends before your green card is approved, you’ll no longer be eligible for a marriage-based green card. However, depending on your situation, you may be eligible for other forms of relief, such as a waiver or a different type of visa.
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 a reality too. Partner with professionals like McBean Law to chart your visa journey’s triumph.
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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.
