When Do You Have To Leave USA To Get A Marriage Green Card?

When Do You Have To Leave The USA To Get A Marriage Green Card

Yakov Spektor explains when a person needs to leave USA to get a Green Card based on Marriage to a US Citizen, and when you can apply from within USA.

Michael Levitis 00:00
Hey everybody, this is Michael Levitis from JurisQ.com, a legal network where we answer commonly asked legal questions from our participating attorneys, one or such attorneys, our guru, our go to person for immigration law is Yakov Spektor. Welcome back. Thanks for being with us. Marriage green cards very big topic. People heard about it people know about it. It’s it’s a mechanism that’s legal, that’s available to get your status in America, if you don’t have the such paperwork, such status, but you are engaged for getting married or are married to a US citizen. So I want to talk about when you can apply for a green card based on marriage, if you are inside the United States, and when you have to be outside United States.

Yakov Spektor 01:09
Sure. Well, you know, one thing to one thing to note. Yeah. So there’s a big, big topic, marriage green cards, you know, there are movies made about it. Yeah, but the idea that a someone will be helping someone else to get a green card, you know, just by getting married. And so a lot of people call me and they say, Hey, you know what, I can find the husband for a green card. Okay, so that’s, that’s wrong. Okay, you guys illegal, that’s illegal. Yes, you might even go to jail for that. So you know, this is only for those of you who found love, okay, who are getting married, their, their wife or their husband happens to be a US citizen. Good for you. Okay, and now all of a sudden, you want to get your green card based on the fact that your wife or your husband is a US citizen. And all of a sudden, someone like me and immigration lawyer is telling you that, hey, you know what he cannot apply for you inside the United States, you will have to go back and do your interview at the consulate. Okay, American consulate. So how come? Obviously, you know that there are some situations where people can just apply for their green cards, they don’t have to leave the country, they have their interview with their wife here, and then they get their green cards, and then some people cannot. So today, I’m going to actually to shine some light on that mystery, you know, you’ll know if you’re able to just stay in the United States and apply for your green card if you’re married to a US citizen. Okay, well not. And it’s very simple rule. Even if you are here, illegally right now, which means let’s say you came here in the visitor visa and just stayed here. And you have no status here. So you’re undocumented, your visa run out. But as long as you entered legally, meaning that you were inspected at the border by a border officer, you came here with a valid visa, you know what that means that you can stay here and apply for your green card with your wife or your husband, and you won’t have to leave the country Perfect.

Michael Levitis 03:19
Now I came here as a tourist, as on a student visa on a work visa, then you are OK to apply for your marriage green card in America.

Yakov Spektor 03:31
Exactly. But if you cross the border, let’s say the southern border, at some point, when you were younger, you paid you know, Coyote, a human smuggler, to bring you in, you know, and after lots of adventures you had, he actually did. And you, you know, there was no record of you entering this country legally. And now you get married you you’re a citizen, and then and, you know, this is not something that you will be able to do inside the United States. There is a separate process for that, then that’s simply how the law is written. Okay, so you know, that but, you know, this is how, you know, if you came here legally, you get to stay and get your green card. If you came here, illegally cross the border, then, uh, you know, you’ll still get your green card, but it will take longer and you’ll have to leave for a couple of weeks to do your counselor interview. Okay, so Well, that’s, that’s a very easy rule. There are exceptions to that rule. Okay. So you definitely want to run it by someone like me. Yeah. Okay. But now if you’re married to US citizen, don’t just go about filing paperwork. Okay. Know where you stand.

Michael Levitis 04:45
By the way, I want to remind our viewers and listeners that we did a whole interview before on how to prepare for a marriage green card interview. So please go back to our materials on YouTube on Facebook, Instagram, and you’re gonna have a whole session, what documents you need, what proof, what to expect from a marriage green card interview. But Yakov for now thanks much for shedding the light on exactly when you have to apply or you can apply for a marriage green card within USA and when outside of USA, and this is such an important topic and so common, we may do more videos on this topic to explain more what are your rights while you wait for this interview? Who qualifies? Who does not? Fiancee versus girlfriend versus wife. So please stay tuned. We’re going to have much more information for you on marriage Green Cards and other immigration law questions. Yakov Spektor, thank you so much. If you have any specific questions on your case and your situation, please contact the number below on our screen to schedule a consultation with Yakov Spektor. Thank you so much, everybody and have a great, great day. Until next time.

Yakov Spektor 06:13
Thank you, everyone. Thank you

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