San Jose Marriage Based Green Card Attorney
MJ Law is based in San Jose, California, and our lead partner, Gabriel Jack, has been prepping cases and attending Green Card interviews for individuals since 2001 at the USCIS office in San Jose.Call or Email to Get Help Today
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MJ Law is the most widely reviewed immigration attorney in San Jose.
As a San Jose marriage based green card attorney, we offer services to help you and your partner with obtain or completing the following:
K1 Fiancé Visas
The K-1 Visa is a Fiance Visa which, as the name suggests, is intended for couples who are engaged and not yet married. Couples who are already married are not eligible for the K-1 visa. It is important to note that K-1 visas may only be issued at a US Consulate in the foreign national’s home country. It is not a visa status that can be obtained while in the United States. The processing time is generally between 8 and 11 months; however, we have recently had some approved in as little as 3 months. Once the foreign national fiance acquires his or her visa from the U.S. Consulate, he/she will be required to enter the United States and get married within 90 days of arriving. Once married, the couple must begin the final process of acquiring Lawful Permanent Residence (“Green Card”) by filing a petition and application for permanent residency in the United States.
To qualify for the K-1 visa, the sponsor must show:
- U.S. citizenship
- Intent to marry within 90 days of entrance to U.S.
- Both are free to marry
- Bona fide relationship (that the relationship is valid and not just to seek immigration benefits)
Proving these elements requires a great deal of evidence. Typical forms of evidence we submit are photos of the two during their courtship, plane tickets to prove that the couple has physically met, hotel receipts, copies of correspondences between the couple, affidavits from friends and family, and any other materials that prove that the couple is in a valid, committed relationship.
The K-1 fiance visa is a good option for engaged couples where the immigrant fiance is living outside the U.S. Many people mistakenly believe that the fiance spouse can simply come to the U.S. on a tourist visa, get married, and then file for a green card in the U.S. This is not advisable because when someone enters on a tourist visa, he/she is asserting to the immigration officials that they intend to stay only temporarily. When the individual gets married shortly after arriving as a tourist, the immigration officials presume that he/she intended to remain in the U.S. long-term, and they can charge the individual with fraud. Having a finding of fraud in your file can mean denial of all future immigration benefits.
The process to receive a marriage visa (green card through marriage) will depend upon whether the immigrant spouse is already lawfully present in the U.S. If the sponsoring spouse is a U.S. citizen, and the immigrant spouse entered the U.S. legally, the process typically consists of filing an application to adjust status to that of permanent resident. The process can be completed from within the United States, and the couple will attend an interview at a local USCIS office.
The path is different, however, if the immigrant spouse is outside of the U.S. In that case, the couple would file a Consular Notification petition, and the immigrant spouse would attend his/her “green card” interview at the U.S. consulate in his/her home country.
Completing the process, whether from inside the U.S. or abroad, is lengthy and consists of multiple steps. Couples should expect to wait approximately 10-14 months to receive permanent residency (“green card”).
Some cases are more complicated than others. For example, in situations where the immigrant spouse entered the U.S. unlawfully (without papers), a waiver is typically required. For more information on such waivers, please see our posting on “I-601A waivers.”
- Lawful entry into the U.S: If the spouse entered the U.S. in a lawful manner, (typically with a visa), one may be legally authorized to submit an application to adjust status to permanent resident while in the United States without any requirement to depart the United States prior to being issued Lawful Permanent Resident status.
- If the individuals happen to already be married and residing outside the U.S., the process would involve a Consular Notification petition whereby the foreign spouse would be required to wait out the process in his or her home country before being scheduled for an Immigrant Visa (“Green Card”) interview at the U.S. Consulate in his or her home country. This is a lengthy process that typically takes between 10 and 14 months before it is completely processed and the spouse enters the United States as a Lawful Permanent Resident.
Adjustment of Status in the United States
Marriage Based Green Card FAQs
The forms are online, do I really need an attorney?
My basic suggestion, while sounding basic, could not be emphasized more: talk to an immigration lawyer before you file anything with USCIS. While there are many people who do successfully DIY immigration cases, the stakes and risks are high. Too often I see people who thought they were walking into a simple process and ended up in a mess that lasts months or even years, sometimes separating families or ending with people being forced to leave the United States.
Read the full answer in “The Importance of Legal Advice in “Easy” Immigration cases” on Substack.
Am I eligible for Adjustment of Status if I am married to a United States citizen?
The answer to this question depends on a lot of factors, some of which have to do with how, when, and sometimes how many times you have entered the United States? We also would need to know the complete history of the relationship, as often it is the case that real legitimate marriages are lacking sufficient proof to make sure their case is processed in the quickest way possible by the USCIS field offices.
How long does it take to obtain the Lawful Permanent Resident status (Green Card) via an Adjustment of Status petition via marriage in San Jose?
In my 21 years experience working with the people at the San Jose USCIS, I have seen the processing times go from as much as 12-18 months to as little as 3 months. They also vary wildly at the San Francisco USCIS, where I also represent married couples. There are always “outliers” that can take longer to process or that can also take shorter periods of time. At the time of writing this, my Adjustment of Status marriage based cases at San Jose USCIS are on average taking 7-9 months before an interview is scheduled from the date of filing the Adjustment of Status petition. At the San Francisco USCIS, the average is a little bit longer, at our San Jose office, we see an average of 12-14 months.
Our Clients Say
Gabriel Jack has done a good job in handling my application for my Green Card-based Marriage Visa. Although, I was an Immigrant and also it was a Gay Marriage, I never felt uncomfortable in approaching Gabriel. He also assigned other members such as Hae Jeong to the case and thus there was extra help.Would definitely recommend Gabriel if someone has any Visa processing needs. Thanks a lot for working on my Marriage-based Green Card application (and have received my Temporary Green Card) !!
l hired Gabriel Jack from MJ Law to assist me in acquiring my Green Card via my husband, a United States Citizen, (same sex marriage). He was very kind and understanding of my immigration situation. Throughout the time he represented me, He responded my doubts and questions quickly and got my questions answered.He also provided me very constructive legal and personal advice that I appreciate very much. I’ve learned a lot from him about my complicated immigration case. l really did appreciate his attentiveness to his clients. live in Santa Cruz, California, and I recommend him and this firm in San Jose very highly.
We hired Gabriel to assist us with our marriage based green card petition in San Francisco. Gabriel prepared us very well, and he was very respectful and professional representing us at our interview for Permanent Residence. Everything went very smoothly, and we are very grateful, as I just received my green card this week!
Thanks to MJ LAW. 🙂
My case is same sex AOS. Gabriel is the best lawyer and has a lot of experience with gay marriage cases, everyone in the office is super gay friendly. Decided to hire him after I learned that will be scheduled for second AOS interview. Gabriel is very knowledgeable and eloquent lawyer, he was sending many inquiries to USCIS regarding our case. He decided to attend the infopass appointment with my husband and I in order to get more information regarding delay in our case. Before our interview Gabriel explained to us what can we expect and what documents we should bring with us. He was present during the interview, my green card was approved the next day. Gabriel is well recognized by immigration officers at USCIS in Santa Clara because of his professionalism.
Also very competitive fees, I would recommend Gabriel to anyone who needs help with immigration case!
Mr. Gabriel D. Jack. Helped me for permanent resident adjustment status through Marriage . Mr. Gabriel D. Jack. is a great lawyer to my knowledge. He took care of my case very well and at reasonable costs. He informed me with clear information and guidance regarding the step-to-step application process, which helped me to avoid confusion during my application filing Mr. Gabriel D. Jack. and his staff responded to my questions quickly and efficiently so that I could complete my application in time. Mr. Gabriel D. Jack Processed my advance parol application in emergency with in 40days of time period to travel my home country India. He was so responsive and quick decision maker, he worked on my advance payroll application and procedure for day and night with USCIS to get approval in time for me. Without Mr. Gabriel D. Jack services it was not possible for me to get my advance parol and EAD in emergency. I reference his firm to my friend and looking forward to working with his firm on my citizenship application in the future. Overall best attorney I have never meet in my life for law services
Helping You to Obtain the Right Visa When You Need It
When you contact our firm for an initial consultation, we will take the time to educate you and explain the immigration laws, regulations and the visa application procedures of the USCIS (U.S. Citizenship and Immigration Services, formerly known as the INS or Immigration and Naturalization Service).
As a client, you will work directly with an experienced attorney who will be able to answer any questions you have and keep you informed and aware of new developments as your case moves forward.