QUESTION

I am planning on marrying a non U.S citizen, what actions do I have to take prior to marriage and after?

Asked on Sep 21st, 2012 on Immigration - Wisconsin
More details to this question:
My boyfriend and I have been dating a little over 2 years now, however he is at the age where if he goes to Korea he may be drafted into the Korean army. He has been studying in the states for 5-6 years now, and I don't think he will be getting an extension on his passport. We both live in two different states so basically during every break we'll visit one another. I do want him to receive a green card in the future, but will us living in separate homes be a problem after marriage? He is willing to move here, but after he gets his bachelor’s degree which might be this winter or this spring. Is an immigration lawyer needed 100%? And if possible, what is the average pricing?
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7 ANSWERS

As long as the marriage is bona fide, it does not matter if you live in separate places for a while after marriage. You just need to be able to document the bona fide nature of the relationship at the time of the interview. You can get married and file for his adjustment of status on the basis of marriage.
Answered on Sep 26th, 2012 at 12:06 AM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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"Is an immigration lawyer needed 100%?" No, but if you are asking these questions you need to consult with one before taking any action. In addition, your question really requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. I strongly suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on Sep 25th, 2012 at 8:13 PM

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Immigration and Naturalization Attorney serving San Diego, CA
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Your scenario is not impossible but the burden of proof will be higher to show a good faith relationship. If you want to contact me as indicated below I can advise the specific forms and fees required.
Answered on Sep 25th, 2012 at 8:11 PM

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Immigration Law Attorney serving Chicago, IL
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The decision to live separately often causes challenges and complications to processing. Commitment is often tested by the U.S.C.I.S. when determining whether a couple has entered into a marriage based upon a bona fide relationship or simply to do someone a favor. Often, applicants assume that they can have a relationship that may work between U. S. Citizens. However, anything that suggests less commitment, such as living apart, can cause concern, delay and the potential for denial. I strongly recommend an appointment with a candid, competent, and experienced immigration attorney. The filing fees, alone will approach $1,500 for the initial filing. More information is needed about your fiance's history before we can recommend that he file for lawful permanent resident status.
Answered on Sep 24th, 2012 at 11:06 PM

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It is always best to live with your spouse once you get married if you plan on applying for him. There is a lot of fraud for spouse petitions, and Immigration is often on high alert to detect fraud. Even if you are validly married, not living together is a serious red flag to them, and your petition for him may end up being denied. So, it is probably best to wait to apply for him after you start living together. What kind of visa is he here on? You can always represent yourself in your own legal matters, but it is usually not advised. I compare it to this...you can retile your bathroom floor, even if you have never done it before, but it may end up a total mess and you will have to hire someone anyway. Same thing. And the filing fees for a greencard are not cheap, so why would you risk having to start over again if something goes wrong? Every attorney has their own fees, but you can expect $3k+. For example, I charge based on complexity of the case and how much time I think each individual case will take me. I also offer payment plans to make things easier on you. But whatever you do, PLEASE PLEASE PLEASE DO NOT USE A NOTARY OR NOTARIO! I cannot tell you how many cases I have had to clean up because someone used a notary. They are not attorneys. Just because they work for attorneys does not mean they know all the nuances of the law. And they often don't, which is why people get themselves into a mess from using a notario. Unfortunately not all cases can be cleaned up after a notary messes it up.
Answered on Sep 24th, 2012 at 10:26 PM

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Thomas J. Rosser
A spousal adjustment of status case ("green card" based on marriage to a US Citizen) is a rather complicated and lengthy matter and is best handled with the guidance and help of an experienced immigration attorney. There are both government filing fees for the series of petitions required as well as fixed fees charged by the attorney who handles your case. Contact us or another colleague off-line and we/they will explain the process in greater detail and itemize the costs involved for getting such professional assistance.
Answered on Sep 24th, 2012 at 9:14 PM

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Immigration Attorney serving Madison, WI at Wren & Gateways Law Group, LLC
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Since you're living in separate states I would strongly recommend that you work with an immigration attorney to ensure that you present your case properly to USCIS. It can be done, but it isn't easy.
Answered on Sep 24th, 2012 at 9:08 PM

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