Marriage to a U.S. citizen does not automatically qualify non-U.S. spouses to get a marriage visa popularly known as a marriage-based green card.
Immigrants wishing to marry U.S. citizens must go through the process of obtaining a marriage green card with the help of an experienced green card attorney. Marriage visa applications go through intense scrutiny by the officials of the USCIS or United States Citizenship and Immigration services as well as the consulates because of the rise in the cases of marriage fraud. The attorney will help you to file the correct application in a single attempt by complying with all legal requirements that are quite complex and entails lots of documentary support.
You need an attorney
Most people are not clear about the stipulations of the application process and the language often becomes a barrier to understand the requirements in the right perspective. As most people may not be sure how to proceed in the matter, an attorney can make the hard work easy and save time for the applicants. Most importantly, the attorney can help you avoid the following mistakes that people usually do when filing the application.
Inability to prove a valid marriage
Being legally married is a requirement for immigration. You must register your marriage as a valid one under the laws and the customs of the country or state in which you got married. The marriage must not contravene the law or the customs. If marriage between certain blood relations is not allowed at the place where the marriage took place, you must not violate it. Moreover, you must not be married to someone else and must submit proof to that effect with documents like death certificate or divorce certificate as well as proof of the valid marriage.
Unsure about eligibility to apply for adjustment of status
A U.S. citizen can apply for a green card for the spouse who is already residing in the U.S. by applying for adjustment of status. Unless the spouse has entered the U.S. lawfully, it can render him or her ineligible for the process. Undocumented immigrants do not qualify for the process, and you must request for a waiver of your unlawful presence in the country, and till the time they obtain it, they would not be able to apply for status adjustment.
Trying to adjust status too soon
Some people might seek status adjustment soon after obtaining a visa waiver for U.S. entry or soon after using a tourist visa. This act makes the authorities suspicious about visa fraud as the applicant suppressed the real intention of applying for a marriage green card. Claiming to be a visitor first and then immediately seeking status adjustment is a strict no-no.
Inability to furnish adequate financial support
Many immigrant spouses fail to provide the necessary documents to prove that the US citizen who is a lawful spouse already will provide all financial assistance and the applicant would never be a public charge in the eyes of the law.
Lastly, failing to apply correctly is the primary reason for rejection.