Green Card by marriage

In addition to my divorce and family law practice, I also represent people who wish to obtain a green card through marriage to an American Citizen. My interest in immigration law began in Law School where I was an editor of the Brooklyn Journal of International Law. After graduation I was formerly a name partner in the Manhattan Immigration Law Firm of Matthews & Schiff. Because Immigration Law is very complex and is constantly changing, I presently limit my immigration practice to just one area- representing people who wish to obtain a green card through a bona fide marriage.

-Flat Rate of $995 to prepare & submit all the necessary papers, and coach you how to handle the interview, no hidden costs.

-Prompt, personal attention

- All papers prepared by attorney, not by paralegals

-In business over 15 years

- Rated A+ by better business Bureau

Advantages and risks of green card by marriage application

Marrying an american citizen is the most common way of obtaining a green card. There are no quotas on the number of green cards that can be issued based upon marriage, and hence no waiting periods. Also, it is often possible to get a green card even if you have overstayed your visa. Best of all, a  marriage case can be processed much, much more quickly than other family based or work based methods. Sometimes the entire process can be wrapped up in six months or less.

But, you should be aware that approximately half of all applications based upon marriage are denied. Why? In a word…fraud! Most of us, in our lives, have met at least one person who was involved in this type of fraud. I am talking about the type of situation where a US Citizen takes money to enter into a sham marriage. The risks of being involved in this type of scheme are very great. The foreigner can be deported and barred from ever living here legally. The US citizen is potentially subject to criminal penalties, including fines, a criminal record, or even jail time.

Most of the applications that are denied were filed by people without the assistance of an experienced immigration lawyer. While I can understand someone trying to save some money, it is foolhardy to try to figure out all of the paperwork and deal with Homeland Security on your own or by using an unlicensed, unregulated paralegal services instead of an experienced immigration lawyer.

Affidavit of Support requirement

The US Citizen-spouse is also called the “sponsor”. Under immigration law, the sponsor-spouse is required to sign an affidavit of support which is a legal contract between the sponsor and the government whereby the sponsor agrees to support his or her spouse. In reality the only time this contract is even attempted to be enforced by the government is when the former alien seeks to go on public assistance. The sponsor must prove that he or she has income at least 125% of the poverty level. If the sponsor does not have enough income a co-sponsor can be used to satisfy the income test. It is important to note that this support requirement can survive a subsequent divorce between the spouses, and can be enforced against the sponsor even if the divorce agreement waives any alimony or maintenance payments.

The Green Card by Marriage interview process

At the initial interview both spouses will generally be interviewed together by an experienced Homeland Security (formerly INS) agent. The agent will go over all of your documents looking for evidence that the couple are really living together and sharing their finances. The agent will size the couple up while he or she is doing so. The agent will definitely take note if you don’t speak the same language, if one of you is a lot older than the other, or if you just don’t look like a “real couple”. This evaluation will include your body language, the presence or absence of wedding rings, etc. Unfortunately with human nature being what it is, there are an almost unlimited number of “red flags” which could exist. Hopefully you will “pass” the initial interview and will get your green card shortly afterwards.

If you “fail” the initial interview, you will both be asked to come back for a second interview. This second interview is sometimes called a “fraud interview”. At the second interview the interviewer will separate you from your spouse and will ask both of you a series of identical questions designed to detect a fraudulent application. The questions could start with exactly when and where you met, who proposed to who, what are the names and ages of all of your spouse’s siblings and other relatives, what is the color of your spouse’s toothbrush, does your spouse wear boxers or briefs, sleep in the nude or with pajamas or a nightgown, etc., etc. The interviewer will compare the answers.

If you are represented by an attorney the attorney is allowed to be present during all of these questions. Agents have occasionally been known to use underhanded tactics, such as trying to trick people by telling them that their spouse has already confessed to immigration fraud. Agents won’t try these tactics if you have an attorney with you at the interview. The agent will also be less likely to ask embarassing questions, such as questions about the details of your sex life, if you have a lawyer with you.

Sometimes, even honest people “trip up” at these interviews, either because they are nervous, or unprepared. It is the job of an experienced immigration lawyer to help prepare you for the interview.

Call me at 347-461-0760 to schedule a consultation. My fees are very reasonable.

Paul Matthews