Does It Matter How Long My U.S. Citizen Spouse and I Dated before We Got Married?
The issue to consider here is whether your marriage is “bona fide,” or genuine, rather than a sham marriage entered into for the sole purpose of obtaining a green card. It is crucial to establish that the marriage is “bona fide” by presenting the Government with a visa petition supported by credible evidence that the marriage is genuine. This is particularly important when the marriage follows a brief courtship. A licensed lawyer specializing in immigration and nationality law can help you to prepare, and present the best possible case.
The best evidence of a bona fide relationship is if you and your spouse have a child together. The immigration officer will be less likely to scrutinize your marriage if you can present evidence that you have a biological child together. If you do not have a child together, you may want to present evidence of you residing together, that you file taxes together, and that you share financial responsibilities.
What Should I Do if the Police Found Me to Be in Possession of Illegal Drugs?
Possession of illegal drugs can have serious consequences on your immigration status. The consequences depend on a number of factors. For example, your status in the United States can make a significant difference. If you possess a Green Card, there may be solutions which an attorney can advise you about. Other factors that can affect your case include the amount charged, whether you have relatives in the United States, whether you have already concluded your criminal case, and whether you entered into a voluntary plea. Possession of illegal drugs may lead to a detainer by the Department of Homeland Security at the conclusion of your sentence.
You would do well to consult with and retain the best possible criminal defense attorney who has expertise in the immigration consequences of criminal convictions, or who has access to an immigration specialist. It is vital that a non-citizen potentially facing criminal charges fully understands the immigration consequences of any plea bargain that may eventually be offered or negotiated.
If I Got My Green Card By Marrying a United States Citizen, Do I Need to Remain with My Spouse in Order to Naturalize in Three Years?
If you are married to a United States citizen (USC), you are eligible to naturalize after three years of lawful permanent residence. In order to qualify for the three year rule, it is required that you and your USC spouse have been “living in marital union” for at least three years. Living in marital union has been interpreted by the federal courts to mean actually residing together. A divorce, legal separation, or even an informal separation may signify dissolution of the marital union under law.
However, there are be instances in which you would not need to continue with the relationship and still be able to secure a green card. Though such cases are more difficult, in some instances the United States citizen spouse treats the foreign national in an abusive manner. Immigration courts do not require you to stay in an abusive relationship for the green card. However, petitioning for a green card after a divorce can present additional issues. All of these issues should be addressed by a competent Immigration Attorney.
This content was written on behalf of Greg Prosmushkin.