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Common Mistakes When Applying for a Green Card Through Marriage

People who believe that immigration through marriage is the quickest path to getting a green card in the United States have never been through the process. The law may seem clear in this regard, but the reality is that marriage-based immigration can be a tricky process that can be compromised by a single mistake, and here are the four most common:

1. The first mistake couples make when they embark on an immigrant visa journey is to overestimate their understanding of the process. If at any stage of the process a requirement or condition is not understood, the couple should seek the assistance of an immigration lawyer in San Diego, which should always be the first step.

2. The second most common mistake is an issue of blind faith. Couples who in their heart believe that their marriage is bona fide and can be easily proven to be legitimate are often surprised when they are challenged by United States Citizenship and Immigration Service (USCIS). It is important to remember that USCIS treats all marriages as potentially being shams for the purpose of defending against fraud. As applicants, the burden is on the couple to prove that they are not trying to pull a fast one on the USCIS.

3. The third most common mistake is related to the first, and it deals with not knowing enough and being too confident. Being out of status is an issue that prevents many immigration applications from getting approved. This is a condition that may have occurred by illegal entry or overstaying a visa. In many cases, being out of status can throw a wrench in the process, but it should not be considered a final condition. Through remediation, an experienced legal professional may be able to save the application.

4. The fourth most common mistake is not being able to meet the financial requirements of the Affidavit of Support, a condition that should not be underestimated and that can be surmounted with diligence. In some cases, the sponsoring spouse does not include sufficient evidence of financial means. In other cases, the math does not add up and more income is needed. There are certain ways to fix these issues, and a legal professional can explain how.

If you want to ensure as seamless a petition process as possible, reach out to KS Visa Law in San Diego. We provide free immigration consultations in San Diego and can help you and your spouse navigate the application process from start to finish.

May 2024