| Marriage is a very important concept and | | | | Once you file for your marriage petition, you will be |
| establishment in the United States and as such | | | | called for fingerprint and for an interview within 3 to |
| Congress has determined that a foreign national who | | | | 8 months, provided the papers are properly filed. You |
| marries a United States Citizen spouse has the | | | | are supposed to attend this interview with your |
| immediate ability to file for a permanent residence | | | | spouse and proofs that your marriage is bona fide |
| under a first category preference. It is good to know | | | | (good faith). At this point, it is highly advisable to |
| that a permanent residents ("greencard" holders) can | | | | have an attorney present with you during such |
| also file a marriage petition however the waiting time | | | | interviews. Indeed a licensed attorney will be allowed |
| for the priority date is long and therefore does not | | | | to sit with you at the interview. If the adjudicating |
| confer immediate ability to the beneficiary to obtain a | | | | officer is satisfied with the interview, and the |
| greencard. | | | | security check is finalized; he or she will tell you that |
| The first consideration in marriage cases is that the | | | | he or she will issue an answer soon. You might get |
| marriage has to be bona fide (literally in "good faith") | | | | an answer the next week that your case is |
| or a marriage not with the intention of solely getting | | | | approved and a letter welcoming you to the US as |
| immigration benefits. A good faith marriage is | | | | permanent resident. |
| predicated on the intent of the bride and groom to | | | | On the other hand, if the Immigration gets proof or |
| establish a life together at the time that they were | | | | admission that the case is fraudulent, you might be |
| married. The United States Citizenship and | | | | arrested on the spot. At this point you are highly |
| Immigration Services (USCIS) formerly the INS | | | | advised to remain silent until your attorney is present. |
| ("Immigration"), has various criteria for determining if | | | | In another case scenario, if the officer is not |
| a marriage was entered in good faith. These include | | | | satisfied, you might be called for another interview or |
| but are not limited to commingling of assets, joint | | | | they might deny your case. Technically, if it is denied |
| leases, joint financial responsibilities, and pictures. It is | | | | they will give you one month before referring the |
| generally accepted that a couple knows the most | | | | case to the Immigration Judge. This will allow your |
| intimate affairs of each other. This is why it is very | | | | attorney to possibly file for a motion to reopen the |
| important to document your marriage in order to | | | | case. If this fails then the case will be argued in |
| present evidence of your bona fide relationship. It is | | | | immigration court. The immigration judge will review |
| imperative that a person does not enter into a | | | | the case de novo (again) and make a determination. |
| fraudulent marriage. A fraudulent marriage will penalize | | | | This means you have to prove your case or the |
| both the petitioner (US Citizen spouse) and the | | | | government has to prove that your marriage was |
| beneficiary (the person obtaining the benefits) and | | | | not bona fide. Again, it is highly recommended to hire |
| might even result in criminal charges including prison | | | | an experienced attorney to move forward in such |
| time. While Immigration does not recognize fraudulent | | | | cases. |
| marriages, they will recognize an arranged marriage | | | | If the case is approved, the beneficiary will be issued |
| as long as it is entered in good faith. | | | | a conditional residence if at the time the green card is |
| In order to file for a marriage petition, one should | | | | issued the marriage was less than two years. You |
| have a valid marriage. A valid marriage is one which is | | | | should verify if you have a conditional residence. |
| recognized in the State in which it takes place. For | | | | Usually a conditional residence green card will have an |
| example, if Ram gets married to Anita in Nevada and | | | | expiry date of 2 years as from the date of issue. |
| moves to California, this marriage will be recognized | | | | You will need to remove that conditional residence |
| by the Immigration. However, if Ram and Anita are | | | | status as from 90 days from the second anniversary |
| first cousins, Nevada will not recognize the marriage | | | | of the issue of the greencard by filing a Form I-751. |
| and thus Immigration will also not recognize this | | | | It is imperative to file the removal otherwise your |
| marriage. This is very important because you might | | | | status will be terminated. Usually if you are still |
| not know this fact until you file your petitions with | | | | married to you US citizen spouse, you will file a joint |
| the Immigration. Also if the marriage takes place, for | | | | petition to remove such conditions. If you can prove |
| instance, in Fiji, Immigration will recognize the marriage | | | | your marriage was bona fide, you will be given a |
| as long as the marriage is recognized in Fiji. Note that | | | | permanent residence card for 10 years approximately |
| a proxy marriage will not be recognized. A proxy | | | | 6 months after filing the Form I-751. If the |
| marriage is one where the bride and groom did not | | | | Immigration has reason to suspect foul play, they will |
| meet on the wedding day. The exception to this rule | | | | launch an investigation and then might even call you |
| is if the marriage was consummated after the proxy | | | | and your spouse for a removal of conditional |
| marriage. | | | | residence interview. If they are satisfied, they will |
| Once married, the paperwork can either be | | | | grant you unconditional permanent residence. If not |
| processed inside United States, if the beneficiary (the | | | | they will refer the case to an immigration judge. |
| one obtaining the greencard) is in the United States | | | | The question is what happens if there is a separation |
| or it can be processed overseas through the US | | | | or divorce before or during the 90 days preceding |
| consulates. In the case of processing the cases | | | | the anniversary of the expiry of the conditional |
| overseas, one can opt for a K3 visa to reduce the | | | | greencard. The following are few potential scenarios. |
| waiting time. Also if no marriage has yet taken place | | | | Divorce finalized prior to filing the removal of |
| one can also bring his or her fiancé on a K1 | | | | conditional residence. |
| visa. Such visas are only available for US citizen | | | | In this case, one needs to file the removal of |
| petitioners. On the other hand, in order for the | | | | conditional residence waiver (Form I-751) even if the |
| marriage case to be processed in the United States, | | | | marriage has not reached two years. You will be |
| (a process called adjustment of status), the | | | | required to prove that your marriage was entered in |
| beneficiary has to have entered the United States | | | | good faith and the marriage was not terminated |
| legally albeit for one day. This means the person | | | | through your fault. The process will follow typically |
| should have entered the US on a valid visa. Those | | | | the same path as when you file the case jointly with |
| who entered by crossing the border are out of luck | | | | your wife; |
| unless they benefit from a provision under INA 245(i). | | | | Two years anniversary of the conditional green card |
| This provision will require if any kind of petition was | | | | has come to term and the divorce is not finalized. In |
| filed in the beneficiary's favor on or before April 30, | | | | this case, you will need to get the divorce finalized as |
| 2001. There are many requirements to prove that | | | | soon as possible so that you can file the Form I-751 |
| you benefit from this provision of the law. You need | | | | waiver; and |
| to speak to an experienced attorney about your | | | | You were able to file your joint petition of removal |
| particular case. Also if you have overstayed on your | | | | of conditional residence and during this time your |
| visa, you definitely need to speak to an immigration | | | | marriage is facing troubles and you separate and |
| attorney before you proceed with any kind of case. | | | | intent to divorce your spouse. You need to inform |
| During the adjustment of status process, you should | | | | the USCIS and wait for the final divorce decree and |
| not leave the United States unless you file and get | | | | file a Form I-751 again. |
| an approved reentry/parole permit. You should know | | | | There are numerous other permutations of situations |
| that a parole or reentry permit is not a guarantee of | | | | regarding the removal of conditional residence namely |
| entry in the United States. It only allows you to | | | | abusive US citizen spouses, or hardship situations. You |
| board a plane and arrive at the port of entry in the | | | | should speak to your attorney regarding your |
| US where an immigration officer will determine | | | | particular case. |
| whether to allow you inside the US or not. If you | | | | There are other provisions under the law to protect |
| have overstayed for more than 180 days on your | | | | beneficiaries namely in case of abuse by US citizen |
| visa before applying for a greencard, you should | | | | spouses. In case, one is abused by his/her citizen |
| definitely not leave the United States. Indeed you will | | | | spouse, one will be eligible to file for VAWA (Violence |
| be subject to a 3 years bar. This bar will prevent the | | | | against Women Act) protection. Note that VAWA |
| person not only from getting back into the US but | | | | can be used in favor of man also. There are also |
| also in obtaining permanent residence. At that point | | | | situations where the US citizen spouse dies before |
| only a waiver can help you. It is important to know | | | | the case is approved. |
| that waivers are not easy to obtain. If you | | | | Because VAWA and other exceptional cases are |
| overstayed more than 365 days before applying, | | | | very unique cases. We will try to cover them in our |
| again you should not leave because this time you will | | | | next article. |
| be subject to a 10 years bar. The same rule as the 3 | | | | And remember, it is highly recommended to speak to |
| years bar will apply except the bar is for 10 years | | | | an experience licensed attorney before filing any kind |
| now and the waiver is a lot harder to obtain. | | | | of immigration case. |