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Getting A Green Card For Your Immigrant Partner Isn't As Simple As Saying I Do

18 December 2015

Tracy Roberts

You've found a partner, but they live in another country. You two want to spend the rest of your lives together so you decide to get married since that's an effortless path to citizenship, right? Not so fast. The government has an extensive process that you must pass through in order to weed out those green card marriages, arrangements made for the sole purpose of citizenship. If you are planning to marry someone with the intent of bringing them here, make sure you know what you're up against.

A Bona Fide Marriage

It must be proven that you and the other party are entering into a bona fide marriage, not one of convenience. One simple way to prove this is to provide documentation concerning the progression of the relationship. Photo albums, text messages, emails and other correspondences that provide a history of the relationship can all be supporting.

A couple that doesn't have anything to show the progression of their relationship can toss up a red flag. If it is determined that you are not in a bona fide marriage, you could be faced with marriage fraud, which is a federal crime.

A Legal Marriage

Make sure you understand that a marriage that took place in another country is still often considered a valid marriage in the United States. Understanding this is especially important if you are marrying someone who was previously married. When visiting immigration, you will need to bring documentation that proves the previous marriage was legally ended.

In some cases, a person will think they can get married in the U.S. and later work on their divorce in their home country since they are two separate countries. This isn't the case. The new marriage may not be honored and generally offers a quick, one-way deportation ticket.

Affidavit Of Support

Another hurdle you will have to overcome is the affidavit of support. This affidavit is basically validation that the U.S. spouse has the financial wherewithal to support their immigrant partner. The immigrant spouse may have a hard time finding a new job and earning an income upon their arrival.

You need to be able to financially support them during this adjustment period. You will need to sign a document confirming that you take full financial responsibility and you will have to prove that your household income is at least 125% above the poverty level to ensure you can afford the additional expense.

Unfortunately, living harmoniously in the U.S. with your new partner isn't as simple as saying I do. Before beginning this process, an immigration attorney from a firm like Barker, Epstein & Loscocco Attorneys at Law can go over the specifics of your situation to ensure you have everything in order.

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