Tag Archives: immigration through marriage
The following is a checklist for an I-130 Petition for Alien Relative for a US citizen or Lawful Permanent Resident sponsoring an immediate relative or family preference alien to get a US green card. As each case is unique the list is … Continue reading
If you fail to convince the immigration officer at your first marriage immigration interview that your marriage is in good faith, the USCIS may give you written notice of a marriage fraud interview known as a Stokes interview. A Stokes interview is a taped interview in which the USCIS separates you and your spouse and ask questions. The goal is to decide whether your marriage is in good faith and not solely for gaining an immigration benefit.
After you have filed your adjustment of status package including the marital petition, form I-130, form I-485 application to adjust status and form I-765 application for employment authorization document, USCIS will send you a biometrics notice to take fingerprints followed by a notice in the mail telling you when and where to attend a green card interview. To be sure you get the interview notice you must change your address with USCIS while your applications are pending by mailing a completed and signed form AR-11 Change of Address form or completing a Change of Address online.
Adjustment of status is the process of applying for a green card (become a lawful permanent resident) by non-immigrants who are already in the United States. The applicants are not required to leave the United States and go through the hassle and delay of applying abroad.
An adjustment of status by USCIS is discretionary. Obtaining a green card is a privilege, not a right. USCIS will check the applicant’s immigration and criminal history carefully to decide if there are any obstacles (in-admissibility factors) that could prevent issuance of a green card. However, applicants married to a United States citizen may have some obstacles waved such as overstaying or earlier unauthorized work. Even if the applicant has a criminal history that could be an obstacle, he may be able to able to apply for a waiver. A waiver is a request that the immigration service “forgive” past criminal convictions or other obstacles. Continue reading
It is the federal definition of marriage under The Defense of Marriage Act (DOMA), that determines whether a same sex or transsexual marriage is valid for immigration purposes, not state law.
Any relative petition (I-130 petition for alien relative, I-129F Petition for Alien Fiancé (e)) that is based on same sex marriage will most likely be denied. Still there are several instances where same sex relationships could be potentially beneficial in an immigration context.
After a US Citizen petitions for a non-immigrant spouse to get a US green card, the United States Citizenship and Immigration Services will often schedule a green card interview for the couple at a local service office. The subject of this green card interview is to decide whether the marriage is a good faith, or bona fide marriage.
What is a Good Faith Marriage?
A good faith marriage is legally valid according to the jurisdiction where the couple exchanged vows. Additionally, it cannot violate the laws of the United States (e.g. a polygamous marriage will not confer an immigration benefit) and was not entered into solely to get a US green card. The issue in the interview is whether a good faith marriage exists and not whether the marriage is practical (whether it will last a long time).
What is a Sham Marriage?