Before applying for a fiancée visa, a couple usually needs to have seen each other in person within the last 2 years. The foreign partner applying for the fiancée visa must marry their partner with U.S. citizenship within 90 days of entering the United States, otherwise they will be forced to leave the country. There are no waiting periods or caps for spouses of U.S. citizens — unlike those of green card holders — and most importantly, if you entered the U.S. legally but no longer have status, you can have it forgiven during the adjustment process. In all cases, it is up to the applicant to prove that they have a valid marriage with their spouse with U.S. citizenship for the required period. [2] In most cases, a marriage certificate is prima facie evidence that the marriage was properly and legally consummated. Keep in mind that same-sex marriages are recognized by USCIS, but must be documented by a marriage certificate from a country where they are legal. Indeed, USCIS says that the law of the place where the marriage was contracted determines whether the marriage is legally valid for immigration purposes.
To get a green card, you must be sponsored by a family member – in this case, your spouse – or by an employer. Due to high demand, there are usually caps or wait times associated with almost all green cards, but good news for you: there are no waiting periods or caps for wedding green cards! This means you can apply for a green card immediately if you marry your spouse with U.S. citizenship. The text of the law is very clear. Any person, whether a citizen or not, who intentionally commits a fraudulent marriage for immigration purposes is liable to imprisonment for up to five years and a fine of $250,000. Individuals who engage in fraudulent marriages for commercial purposes (i.e., creating a criminal enterprise to obtain citizenship from non-citizens or smuggle them into the country) are also liable to imprisonment for five years. If citizenship has been granted until the fraud occurs, authorities will consider whether it should be revoked. There`s a common pop culture trope about getting married “for the green card.” For many people threatened with imminent deportation, marriage seems to be a viable option for relief: marrying a U.S.
citizen and the non-citizen can get permanent status and eventually citizenship. The U.S. government does not restrict citizens who can marry, and as long as the married non-citizen passes proper background checks, they may be allowed to live and work permanently in the country. However, immigration officials are extremely suspicious of this behavior and see it as the latest push around the immigration system. Marriage for the sole purpose of obtaining citizenship is a federal crime, and non-citizens and citizens can expect severe penalties for reaching such an agreement. Read on to learn more about marriage fraud in the U.S. and contact an immigration attorney in New York for help defending against deportation, green card, citizenship, visa, or other immigration status issues. As a result, during a period when spouses are legally separated, an applicant is not living in a conjugal relationship with a spouse who is a U.S. citizen.
[29] An applicant who is legally separated from his or her spouse during the period during which he or she is to live in a conjugal relationship is not eligible for naturalization as the spouse of a U.S. citizen. [^28] See, for example, Ehm v. INS, 252 F.3d 415, 422-27 (5th Cir. 2001) (examination of legal separation for the purpose of acquiring nationality). Since the place of celebration rule governs same-sex marriages in the same way as opposite-sex marriages, unless the marriage is polygamous or falls within an exception to the place of celebration rule, as discussed above, the validity of a same-sex marriage is determined solely by the law of the jurisdiction in which The marriage was contracted. After you get married in the United States, you file Form I-485, which requires biometrics and possibly an interview. If countries other than the U.S. partner intends to seek employment or travel outside the U.S. while the green card application process will require them to apply for a work permit and travel authorization.
Another way marriage is considered fraudulent is if your marriage is not legally valid. For example, you are already married to someone and not yet divorced. In this scenario, if you enter into a second marriage, the new marriage is considered invalid. However, these cases are unlikely to result in marriage fraud, as the DBFTF will discover your first marriage and immediately reject your application.