Family Immigration Sponsorship and Marriage

Family Immigration Sponsorship and Marriage

Today the world is more interconnected than ever before. Not only do we participate in a global economy, but the internet has allowed people to connect with others in ways never previously imagined.

Issues involving immigration and marriage are now more frequently arising in the area of domestic relations. Each situation is unique and complex. However, the following general overview is helpful to understanding some of the possible issues involved:

Generally, if one wishes to file a petition based on marriage, the petition must be accompanied by proof that the immigrant spouse is the legal husband or wife of the sponsor. This can be in the form of a marriage certificate or in certain circumstances substitute proof can be used.

The general rule is that if the place where the marriage took place recognizes the marriage as valid, then it should be considered valid for immigration purposes.

If the immigrant spouse is already in the United States pursuant to a valid visa and marries a United States citizen, then an adjustment of status petition is necessary.

If the immigrant spouse marries a United States citizen outside the country the US counsel would expect that spouse to wait outside the United States until the petition was approved. This could take several months for the spouse of a United States Citizen.

Rather than risk a separation of many months, some United States citizens choose to apply for a Fiancée Visa or "K" Visa. Generally in order to qualify for the "K" Visa, the US citizen must submit a petition along with proof that he or she intends to marry the immigrant, that they are able to get married, and that the couple has had a meeting together in person within the past 2 years.

Once approved, the petition is sent to the US Counsel in the fiancée's country and the fiancée is interviewed. If all goes well, then the fiancée is approved and a "K" Visa is issue provided the marriage takes place within 90 days. After the marriage, the spouse can apply for a green card. In these circumstances, the green card is "conditional". After two years, the spouses may together petition to have the condition removed.

It is possible in special circumstances for a divorced spouse to sign the petition alone and to have the condition removed if it is proven that the marriage was genuine.

It is highly recommended that families seek legal representation throughout the process as missed deadlines or incorrect filings could work to separate loved ones for years to come.

Goldsman Law Office
1500 Walnut Street, Suite 700
Philadelphia, PA 19102

Phone: (215) 496-9546 • E-mail • Fax: (215) 496-9548

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