Common Immigration Marriage Questions

Common Immigration Marriage Questions

There have been several movies and TV shows based on the premise that a legal resident of the US marries an immigrant so that person can obtain US citizenship. Many of these depictions have been comedic. However, the US government does not take the issue of marriage fraud lightly. Indeed, it levies some stiff penalties against those who practice it. The pertinent law – Immigration and Nationality Act § 275(c); 8 U.S. Code § 1325(c)) – states that perpetrators of marriage fraud can face prison, a fine or both. The exact text of this law reads:

“Any individual who knowingly enters into a marriage for the purpose of evading any provision of the immigration laws shall be imprisoned for not more than 5 years, or fined not more than $250,000, or both.”

Here are some facts about the immigration laws as they relate to marriage and citizenship and some sample questions you and your spouse may be asked during your marriage interview.

What is a Marriage-Based Green Card?

There are legal mechanisms in place that can grant your spouse legal status in the US if your marriage is legitimate. (It is never a good idea to lie to or defraud the government and my office cannot represent anyone with knowledge that this has occurred.) Married couples can apply for a marriage-based green card for example. A marriage based green card gives your immigrant spouse special priority in the immigration system. The card grants him/her permanent residency in the US allowing him/her to work, live and study here legally. The card also grants the spouse the right to travel in and out of the U.S., to obtain a driver’s license and to apply for social security. The card must be carried on the person of the immigrant spouse at all times and is valid for 10 years but is renewable.

Documents an Immigrant Spouse will Need to Apply for Citizenship.

  • Here is a comprehensive list of the items required to apply for a green card:
  • Petition for Alien Relative (USCIS Form I-130)
  • Application to Register Permanent Residence (USCIS Form I-485)
  • Biographic Information (USCIS Form G-325A)
  • Affidavit of Support (USCIS Form I-864)
  • Permission for Work Authorization (Optional) (USCIS Form I-765)
  • Medical Examination Results (USCIS Form I-693)
  • Request for Travel Documents (Optional) (USCIS Form I-131)
  • The appropriate supporting documents

Questions you May be Asked

marriage

  • Where did you meet?
  • Where did you go on your first date?
  • Were you introduced to each other’s friends?
  • When did you realize you loved your spouse?
  • Who proposed to whom?
  • How did they propose?
  • Who gets up first?
  • How many alarms do you set?
  • Who sleeps on what side of the bed?
  • What do you each eat for breakfast?
  • Who is your spouse’s employer?

As we said, it is best to be forthright about the nature of your relationship. You should never engage in any kind of fraud against the government including marriage fraud. I am attorney Erika Roman and if you need an immigration lawyer in Oxnard my office will speak to for free about your case.

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