Obtaining a green card through marriage to a U.S. citizen is the most common way that foreign nationals in the U.S. apply for and receive permanent residency. The process is perceived to be quicker and easier than other routes of applying for a green card and oftentimes this is true. However, “quicker” and “easier” in immigration matters is a relative concept and therefore it should still be understood that the green card through marriage process also entails its own set of pitfalls and risks, especially when attempting to navigate the process without the assistance of an experienced immigration lawyer.
This article explores the top 5 most common mistakes that foreign nationals and their U.S. citizen spouses make when navigating the green card through marriage process.
1. Affidavit of Support – The number one mistake that applicants make in connection with this process is underestimating the significance of the affidavit of support. The affidavit of support is used by the government to ensure that the intending immigrant has adequate means of financial support and they are not likely to become a public charge. The mistake that is made by a sponsor is not supplying the right documents and evidence based on his/her personal situation. Each sponsor’s situation is different and therefore it may be relevant to supply some combination of the following documents: W-2s, 1099s, K-1s, tax returns, extensions, IRS transcripts, pay statements, account statements, letter from employer, letter from accountant, and so on. Another common mistake in connection with the affidavit of support is misunderstanding as to when the intending immigrant’s income/assets can be included and/or failing to supply a joint sponsor and/or co-sponsor in a scenario where the petitioning U.S citizen spouse doesn’t meet the minimum requirements.
2. Encounters with the police – Far too often applicants believe that mere subway citations or a misdemeanor that has been expunged or sealed does not need to be disclosed on an application. However, this couldn’t be farther from the truth as the failure to truthfully disclose such information on the green card application could easily result in the denial of an application or potentially the revocation of one’s status as a permanent resident later on. All arrests, citations, detentions, or encounters with the police anywhere in the world at any age must be disclosed on the application. The only items that can be safely kept to oneself are those dealing with parking tickets or speeding tickets.
3. Not telling the truth (aka lying!!) – It is shocking to learn about the things applicant’s forget about either on an application or during an interview. There is no benefit to lying or forgetting to include something on an application and it can only lead to negative consequences. The vast majority of the time an applicant does not tell the truth it is usually in the hopes of painting the picture they think that an immigration officer wants to see. The problem with this is that it can tangle up the applicant and his/her spouse during the process and cause much more harm than anticipated.
4. Not supplying proper supporting materials – This can occur both at the initial stage of submitting the various applications and at the time of the green card interview. Depending on the details of the particular case, there may be numerous documents to supply: birth certificates; passports; naturalization certificates; divorce decrees; documents evidencing name changes; marriage certificates; visas; I-94s; immigration documents; and so on. Originals of certain documents, such as a birth certificate or marriage certificate, are almost always required at the interview. Insufficient joint documentation is also an issue at the time of the interview. Being unprepared with joint documentation for a green card interview can result in a grueling interview session, potentially the scheduling of a second interview (known as the dreaded Stokes interview), or even worse a denial of the case.
5. Not retaining an experienced immigration lawyer – Many people make the mistake of underestimating the seriousness of the marriage green card process and the difficulty in preparing an approvable application. Retaining an experienced immigration attorney to assist you and your spouse cannot only help expedite the process, but it can also ensure that you are well prepared throughout the entire process and that your application is legally compliant. Even the most straightforward and “cleanest” cases are susceptible to difficult issues and potential pitfalls.
Douglas M. Lightman, Esq. is the principal and founding attorney of Lightman Law Firm LLC, a boutique law firm located in New York City with a focus on U.S. immigration law. A large part of the firm’s practice is focused on helping clients properly navigate the green card through marriage process.
For more information on how we can help you, please access our website at the following link: NY Immigration Lawyer.
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