News

Are you eligible for a marriage-based green card from within the US, and are you married to more than one person at the same time?

June 2, 2023

Ensure your first marriage is valid for immigration purposes as USCIS recognizes only the initial marriage.USCIS will only recognize your first marriage as a valid marriage for immigration purposes. With that, you do not need to disclose marriages that take place after a first marriage is still legally valid. However, talk to an experienced immigration attorney if you have engaged in a marriage ceremony while you are legally married because you may be committing a crime in certain US states and in countries outside of the US.  

If you plan to practice polygamy in the US or have attempted to be polygamous in the US, you will not be eligible for a green card. 

It is not allowed to practice polygamy in the US.

If you need to talk to an experienced immigration attorney. We’ve helped hundreds of people traverse the complicated immigration and citizenship process. We would love to help you as well.  Call (617-766-0214) or email hello@cambridgeimmigrationlaw.com to get in touch.

Why do you need to get ALL marriage and divorce certificates?

May 31, 2023

Secure Your Green Card: Get the necessary marriage and divorce certificates to determine your eligibility.If you’re trying to figure out if you’re eligible to get a green card based on your marriage to a US citizen or lawful permanent resident, you need to get some marriage documents in order. First, you’ll need a certified copy of your current marriage certificate. If the certificate is not in English, you’ll need an English translation of the document. You can use an online translation service, or you can use a simple Certificate of Translation, like we will show you here. Just make sure that neither you nor your spouse does the translation. 

Next, you will need copies of all marriages and divorces for you and your spouse. It’s best to have certified copies of these documents, but generally you can get by with any acceptable copy. You need to get all marriage and divorce certificates, even if they are from decades ago! If you absolutely cannot get them, you must provide a sworn statement of your efforts to convince USCIS that the document is in fact not available. USCIS will not accept a document as unavailable just because it’s a huge pain for you to try to get it. 

When information about a marriage or divorce is difficult to obtain, do not make the mistake of leaving it off the immigration applications. That decision could come back to haunt you in the form of a charge of misrepresentation, which will add years and thousands of dollars of cost onto your immigration process. 

For all marriage and divorce documents, you need to check that they comply with the format that the US Department of State defines for each country. You can find those requirements at this link. If your marriage took place in the US, then your marriage certificate from the registry in your town/city is what you’ll need.

 

If you need to talk to an experienced immigration attorney. We’ve helped hundreds of people traverse the complicated immigration and citizenship process. We would love to help you as well.  Call (617-676-0503) or email hello@cambridgeimmigrationlaw.com to get in touch.

Are you eligible for a marriage-based green card within the US? What is your marital status—engaged or married?

May 30, 2023

Marital Status Matters: Discover your eligibility for a marriage-based green card from within the US—engaged or marriedWhat is your Marital Status? Are you engaged or married? 

If you’re trying to figure out if you’re eligible to get a green card based on your marriage to a US citizen or lawful permanent resident, let’s start with an easy question: Are you married or engaged? If you’re not yet married, you cannot file for a marriage-based green card from within the US. There is a route for fiancé/fiancées of US citizens if the fiancée is outside the US; but there is no path for a fiancée to get the green card from within the US unless the fiancée entered the US with the special fiancée visa (K-visa). 

 

If you need to talk to an experienced immigration attorney. We’ve helped hundreds of people traverse the complicated immigration and citizenship process. We would love to help you as well.  Call (617-272-7980) or email hello@cambridgeimmigrationlaw.com to get in touch.

When can I renew my two-year green card?

May 25, 2023

Renew your two-year green card on time by filing Form I-751. Prove your genuine marriage to avoid complications.You can apply to renew your two-year conditional green card by filing Form I-751, Petition to Remove Conditions on Residence, in the 90 days prior to the expiration date on your green card. For example, if your green card expires on 12/31/23, you can file anytime between October 2, 2023 and December 31, 2023. However, wait until about October 4 to file—so that it’s not early, but don’t wait until December 31, 2023 to file–make sure USCIS gets it well before December 31. 

USCIS will reject/deny your Form I-751 if you file too early or too late. Sometimes USCIS will reject the application right away, and you’ll know to fix your mistake. However, sometimes USCIS will not realize the application was early or late until it gets around to looking at your case in 12 to 48 months. If your case is denied at that point, the best case scenario is that you re-file with a good explanation for the now-late application. Worst case scenario is that USCIS denies your Form I-751 and puts you into removal (deportation) proceedings that will take years and years to complete, even if you are sure to win in Immigration Court.  

To be successful on your green card renewal, you must prove that you were in a “real marriage,” that is, that you did not fake the marriage to get a green card. Also, you must file on time. Green card renewal applications with Form I-751 are difficult to prepare and win, and USCIS is always looking for fraud in I-751 applications. 

Our team is happy to share information about immigration law. However, please remember that every situation is unique, and we believe that all USCIS applicants should be represented by an experienced, compassionate, and approachable attorney.  You may have a small issue in your situation that could cause major complications if you do not deal with it correctly. Or, small or big issues can arise after you file. For example, USCIS may make a mistake in your case. Or, USCIS’s processing procedures may change or processing times may decrease drastically. Preparing the application correctly is only part of this process; you need to understand what’s going on and what needs to happen until your green card is finally approved. 

The stakes are very high for the renewal of your green card. Don’t risk your future in the US by trying to figure this out on your own. Work with an experienced immigration attorney on this project that will determine whether you can continue your life, career, and family in the United States. 

 

If you need to talk to an experienced immigration attorney. We’ve helped hundreds of people traverse the complicated immigration and citizenship process. We would love to help you as well.  Call (617-676-0503) or email hello@cambridgeimmigrationlaw.com to get in touch.

How to get out of an abusive marriage AND keep your green card

May 24, 2023

Renewing Green Card After Abusive Marriage: Form I-751 & Evidence Requirements Explained for Protection and RenewalYou do not have to stay in an abusive marriage to protect your green card. US law wants you to leave your US citizen spouse’s abuse, and the US will allow you to keep your green card if you are abused by your US citizen spouse (or LPR spouse). 

If you are abused by your US citizen spouse, you can apply to renew your green card at any time. This is different from a joint renewal that must be submitted in the 90 days prior to the expiration of the two-year card. Abuse waivers can be filed before the 90-day period, or after the period. You must be legally married to your spouse at the time you file the abuse waiver. 

To file the waiver, submit the following to USCIS: 

  1. Form I-751 (fully answered and signed)
  2. Filing fee of $680
  3. A statement from you about the circumstances of the abuse
  4. Evidence that you and your spouse were in a real relationship and marriage
  5. Evidence that your spouse abused you. The abuse can be physical, sexual, financial, or emotional. 

If USCIS approves your application, you will be issued a new green card that is valid for 10 years. If you win your renewal based on abuse, you are eligible to file for US citizenship three years after the date you first became a conditional lawful permanent resident. 

If your waiver application is denied, you may be placed in removal proceedings and may need to appear before an immigration judge to defend your case.

To win a waiver case, you must only prove it was a “real marriage” and that you experienced abuse. Waiver applications are difficult to prepare and win, and USCIS is always looking for fraud in I-751 waiver applications.

Our team is happy to share information about immigration law. However, please remember that every situation is unique, and we believe that all USCIS applicants should be represented by an experienced, compassionate, and approachable attorney.  The stakes are very high for the renewal of your green card. Don’t risk your future in the US by trying to figure this out on your own. Work with an experienced immigration attorney on this project that will determine whether you can continue your life, career, and family in the United States. 

If you need to talk to an experienced immigration attorney. We’ve helped hundreds of people traverse the complicated immigration and citizenship process. We would love to help you as well.  Call (617-272-7980) or email hello@cambridgeimmigrationlaw.com to get in touch.

How do I renew my two year green card if my spouse died?

May 19, 2023

Renewing Green Card After Spouse's Death: Form I-751 & Evidence Requirements Explained for a Valid MarriageIf you obtained your two-year green card through marriage and your US citizen (or LPR spouse) died, you are still able to renew your green card by filing Form I-751, Petition to Remove Conditions on Residence. If you are successful, USCIS will grant you a 10-year green card (Form I-551)! To be successful on this application, you will need to show that yours was a “real” (aka bona fide) relationship and marriage. Or, in other words, you need to prove to USCIS that you did not get married just to get a green card.  Also, you need to prove that your spouse died, with a death certificate.

Your death-based waiver application should include: Form I-751:

  1. Form I-751 (fully answered and signed)
  2. Filing fee of $680
  3. A copy of the death certificate of your spouse
  4. A statement from you about the circumstances of the death
  5. Evidence that you and your late spouse were in a real relationship and marriage

You need to submit as much evidence as possible to show your marriage was real. Submit documents such as photos of the two of you with other people (such as family at a birthday party), joint tax returns, joint financial documents, joint health insurance, joint lease, joint property deeds, and similar documents. Also, you can submit documents relating to your spouse’s death such as an obituary with your name, a receipt for the funeral, burial, or creation in your name, sympathy cards to you from family and friends. 

If USCIS approves your application, you will be issued a new green card that is valid for 10 years. However, if your application is denied, you may be placed in removal proceedings and may need to appear before an immigration judge to defend your case.

To win a waiver case, you must not only prove it was a “real marriage”and how/when/why your spouse died. Waiver applications are difficult to prepare and win, and USCIS is always looking for fraud in I-751 waiver applications. Don’t file a waiver application without an experienced immigration attorney!

If you need to talk to an experienced immigration attorney. We’ve helped hundreds of people traverse the complicated immigration and citizenship process. We would love to help you as well.  Call (617-272-7980) or email hello@cambridgeimmigrationlaw.com to get in touch.

 

How to renew my two year green card with a divorce waiver?

May 16, 2023

File Form I-751, Petition to Remove Conditions on Residence, with a divorce waiver to renew your green card.If you obtained your two-year green card through marriage and your US citizen (or LPR spouse) died, you are still able to renew your green card by filing Form I-751, Petition to Remove Conditions on Residence. If you are successful, USCIS will grant you a 10-year green card (Form I-551)! To be successful on this application, you will need to show that yours was a “real” (aka bona fide) relationship and marriage. Or, in other words, you need to prove to USCIS that you did not get married just to get a green card.  Also, you need to prove that your spouse died, with a death certificate.

Your death-based waiver application should include: Form I-751:

  1. Form I-751 (fully answered and signed)
  2. Filing fee of $680
  3. A copy of the death certificate of your spouse
  4. A statement from you about the circumstances of the death
  5. Evidence that you and your late spouse were in a real relationship and marriage

You need to submit as much evidence as possible to show your marriage was real. Submit documents such as photos of the two of you with other people (such as family at a birthday party), joint tax returns, joint financial documents, joint health insurance, joint lease, joint property deeds, and similar documents. Also, you can submit documents relating to your spouse’s death such as an obituary with your name, a receipt for the funeral, burial, or creation in your name, sympathy cards to you from family and friends. 

If USCIS approves your application, you will be issued a new green card that is valid for 10 years. However, if your application is denied, you may be placed in removal proceedings and may need to appear before an immigration judge to defend your case.

To win a waiver case, you must not only prove it was a “real marriage”and how/when/why your spouse died. Waiver applications are difficult to prepare and win, and USCIS is always looking for fraud in I-751 waiver applications. Don’t file a waiver application without an experienced immigration attorney!

 

If you have a two-year conditional green card and you are divorced or separated from your U.S. citizen or lawful permanent resident spouse, you may be eligible for a waiver of the joint filing requirement when filing Form I-751, Petition to Remove Conditions on Residence, with USCIS.

To apply for a waiver based on divorce, you will need to demonstrate that you entered into the marriage in good faith, but the marriage was terminated due to divorce or annulment. You will need to provide evidence of the bona fides of your marriage, such as joint financial records, lease agreements, photos, and affidavits from friends or family members.

When filing your Form I-751, you will need to submit a written request for a waiver based on divorce, along with supporting evidence. You may also be required to attend an interview with a USCIS officer to discuss your case. At the interview, you should be prepared to answer questions about your marriage, the reasons for the divorce, and why you are seeking a waiver of the joint filing requirement.

If USCIS approves your application, you will be issued a new green card that is valid for 10 years. However, if your application is denied, you may be placed in removal proceedings and may need to appear before an immigration judge to defend your case.

It is important to note that the process of obtaining a waiver based on divorce can be complex and challenging. It is recommended that you seek the assistance of an experienced immigration attorney who can guide you through the process and help you present a strong case for a waiver based on divorce.

Can I renew my two year green card if I am no longer with my spouse?

May 11, 2023

 

 

Renew your green card through marriage after separation with Form I-751 and a waiver. Get legal help.If you obtained your two-year green card through marriage and you are no longer with your spouse, you may still be able to renew your green card by filing Form I-751, Petition to Remove Conditions on Residence. If you are successful, USCIS will grant you a 10-year green card (Form I-551)! To be successful on this application, you will need to show that yours was a “real” (aka bona fide) relationship and marriage. Or, in other words, you need to prove to USCIS that you did not get married just to get a green card.  

 

 

To renew your green card if you are separated from your spouse, you will need to file the Form I-751 jointly with your former spouse. However, if your spouse refuses to sign Form I-751, then you will have to qualify for a waiver to get your Form I-751 approved and your green card renewed for 10 years. You can request for a waiver based on one of the following grounds:

  1. Your spouse has died;
  2. Your marriage was real but your married is legally ended by divorce or annulment;
  3. Your marriage was real, but your US citizen spouse (or green card holding spouse) abused you physically, sexually, financially, or emotionally; or
  4. You will suffer extreme hardship if your green card is not renewed for 10 years.

To win a waiver case, you must not only prove it was a “real marriage” but you also need to prove the other issue of death, divorce, abuse, or extreme hardship. Waiver applications are difficult to prepare and win, and USCIS is always looking for fraud in I-751 waiver applications. Don’t file a waiver application without an experienced immigration attorney!

 

If you need to talk to an experienced immigration attorney. We’ve helped hundreds of people traverse the complicated immigration and citizenship process. We would love to help you as well.  Call (617-766-0214) or email hello@cambridgeimmigrationlaw.com to get in touch.

How soon can I renew my two year green card?

May 9, 2023

How to renew your conditional green card? File Form I-751 within 90 days of expiration to avoid mistakes and denial.You can apply to renew your two-year conditional green card by filing Form I-751, Petition to Remove Conditions on Residence, in the 90 days prior to the expiration date on your green card. For example, if your green card expires on 12/31/23, you can file anytime between October 2, 2023 and December 31, 2023. However, wait until about October 4 to file—so that it’s not early, but don’t wait until December 31, 2023 to file–make sure USCIS gets it well before December 31. 

USCIS will reject/deny your Form I-751 if you file too early or too late. Sometimes USCIS will reject the application right away, and you’ll know to fix your mistake. However, sometimes USCIS will not realize the application was early or late until it gets around to looking at your case in 12 to 17 months. If your case is denied at that point, the best case scenario is that you re-file with a good explanation for the now-late application. Worst case scenario is that USCIS denies your Form I-751 and puts you into removal (deportation) proceedings that will take years and years to complete, even if you are sure to win in Immigration Court.  

To be successful on your green card renewal, you must prove that you were in a “real marriage,” that is, that you did not fake the marriage to get a green card. Also, you must file on time. Green card renewal applications with Form I-751 are difficult to prepare and win, and USCIS is always looking for fraud in I-751 applications. Don’t file a I-751 application without an experienced immigration attorney!

 

If you need to talk to an experienced immigration attorney. We’ve helped hundreds of people traverse the complicated immigration and citizenship process. We would love to help you as well.  Call (617-676-0503) or email hello@cambridgeimmigrationlaw.com to get in touch.

How to renew my two-year green card?

May 8, 2023

Learn how to renew your green card with Form I-751. Get an experienced immigration attorney for successful application.To renew your two-year green card, you will file Form I-751, Petition to Remove Conditions on Residence, with U.S. Citizenship and Immigration Services (USCIS). Here is how to prepare your filing:  

  1. Download and complete Form I-751 from the USCIS website. Make sure to fill out all the required fields accurately and completely. Do not leave any fields blank; answer “no,” “none,” or  “not applicable N/A” in any field that you would want to leave blank. 

2. Gather supporting documents: Along with your Form I-751, you will need to submit supporting documents such as evidence of your marriage (if you obtained your green card through marriage), tax returns, and other documents to prove that you have maintained continuous residence in the United States. You can use relationship documents that are similar to those that you submitted with your first application.

We have a great list of 99 documents to submit with your green card application.

3. Write a personal check, or get a bank check or money order for $680 to submit with your application. We do NOT recommend using the Credit Authorization Form–USCIS mistakenly rejects many cases submitted with that form.

4. Make a copy of EVERY page of your application–your check, all USCIS pages, all supporting documents. 

5. Submit your application: Use a trackable postal services (USPS, FedEx) to mail your entire application package to USCIS. Use the address listed on USCIS’s website the day that you file. The filing addresses sometimes change, and you must use the address that ist listed on the day that you file.

6. Attend your biometrics appointment, if USCIS sends you an appointment notice. Most USCIS applications are getting notices that they will NOT have a biometrics appointment, but if you do get an appointment, attend it.  

7.  Look out for your I-751 Receipt Notice. If you don’t have it within 2 weeks and you see that your check was cashed, you need to look into the status of your application.

8. Use your expiring/expired green card with the I-751 receipt as proof of your status, your ability to re-enter the US after foreign travel, your ability to work in the US, and your ability to get ID documents that require proof of immigration status. 

9. Await a decision: USCIS will review your application and notify you of their decision. If your application is approved, you will receive a new green card that is valid for 10 years.

 

Our team is happy to share this information with you. However, we recommend that all I-751 applicants get representation by an experienced immigration attorney. To be successful on your green card renewal, you must prove that you were in a “real marriage,” that is, that you did not fake the marriage to get a green card. Green card renewal applications with Form I-751 are difficult to prepare and win, and USCIS is always looking for fraud in I-751 applications. Don’t file an I-751 application without an experienced immigration attorney!

 

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Marriage-Based Green Card Document Guide

We work hard to make your immigration case easy for you. Use this easy guide to help you organize the documents that you would use if you are eligible to submit an application for a marriage-based green card application. You should consult with an attorney to figure out if you are eligible for a green card before you submit any applications or documents to the U.S. government.