How Does the Length of Our Relationship Affect My Adjustment of Status Application?
So, you've found love and decided to take the plunge into a marriage adjustment of status application—how exciting! But if your engagement was short or your romance felt like a whirlwind, you might be wondering, "Will USCIS believe my marriage is real?" You’re not alone. Many applicants share these concerns, especially when navigating the intricate world of immigration law.
As a New York marriage immigration lawyer, I work with clients across all 50 states, helping them secure their marriage green cards and guiding them through this often confusing process. I myself am of Indian ancestry (read more about that here) so in our culture, people either have an arranged marriage or date with the goal of marriage so a short courtship is common if you compare it with conventional standards. Bottom line is that the duration of the courtship doesn’t matter as long as you are able to communicate to USCIS what brings you together and why even a short courtship is a real marriage based on the sincerity of future plans of honoring a life and marriage together. Today, we’ll explore how the length and nature of your relationship can affect your adjustment of status application, especially if you’re feeling a bit rushed to file. Let’s dive in!
1. The Nature of Your Relationship: What Does USCIS Look For?
When considering your application, USCIS is primarily interested in determining whether your marriage is genuine. They look beyond the length of your relationship to understand the context and depth of your connection. Of course, the burden is on you to make your case to USCIS for a marriage Green Card based on love and a life together.
Short Engagements and Whirlwind Romances - How do these factor in your Marriage Green Card?
If you had a brief engagement or a rapid romance, don’t fret! USCIS understands that love doesn’t always adhere to a strict timeline. However, you will need to provide compelling evidence to demonstrate the authenticity of your relationship. Here are some common questions you might encounter:
What has changed in your relationship since you started dating?
How do you know your spouse is the right person for you?
What are your future plans as a couple?
What is at stake for you?
How your culture informs who you are and your decisions?
Are there family considerations that affect your decision to get married sooner than you would ordinarily be comfortable?
These questions are designed to assess the legitimacy of your marriage. If you're prepared to answer them thoughtfully, you'll be better positioned to present a strong case.
2. Practical Considerations for Your Application for The Marriage Green Card
When preparing your adjustment of status application, consider the following practical points:
Gather Evidence: Documenting your relationship history during the marriage green card process is crucial. This includes photos together, travel itineraries, joint bank account statements, and any correspondence that illustrates the progression of your relationship. Make sure you can show how your connection has deepened since you started dating. If you don’t have certain documents together such as joint bank statements there are other ways to prove your commitment to each other. Financial comingling is a big indicator of a long-term commitment long term, however, a joint credit card is also valuable evidence depending on how you use it. These are practical considerations that typical lawyers don;t readily discuss but they should.
Consider Cultural Factors: Traditions such as arranged marriages may provide context to your relationship. If you come from a culture where arranged marriages are common, be prepared to explain this during your interview. USCIS is often understanding of cultural nuances, so highlighting these factors can help illustrate the authenticity of your relationship. My recommendation is to not wait for the interview to share these details. An experienced attorney will guide you on how to document this and submit everything a USCIS officer needs to know to arrive at a valid and fair decision just based on the papers you submit at the beginning of the case. Since USCIS is waiving interviews in well-prepared cases, you should take advantage of the opportunity to provide USCIS with everything they need to know from the beginning so they can adjudicate your case without dragging you into their offices.
Trust: In order to get married and sponsor a spouse for a marriage green card, trust is a big part of the process that many applicants bypass when they think about presenting their case. Trust or the lack of trust is often reflected in things like a prenuptial agreement, a last will and testament, joint bank accounts, joint liabilities with implications on credit scores, and other documentary or factual factors can speak volumes so you really need to be careful about what you present and how. You even need to consider which documents you are obligated to present in the marriage green card process.
Age and Commitment: If you and your spouse are older and more established in your lives, that can work in your favor. Being clear about your intentions for a long-term marriage can help mitigate concerns USCIS may have about the speed of your relationship. When a client works with us we share our unique template affidavits so we can guide them to write an affidavit that explains everything that USCIS wants to know.
3. What Happens if USCIS Discovers Your Short Engagement?
Let’s say USCIS becomes aware of your short engagement when you apply for the marriage green card. Will that be a dealbreaker? Not necessarily! Here’s what you should know:
USCIS Doesn’t Have a Timeline Requirement: There’s no specific “minimum” time that you need to be together before getting married. The focus is on the sincerity of your relationship, not the length of time you’ve known each other. The petitions that we file during a marriage green card adjustment of status case or a standalone I-130 case for consular processing, do not ask when you met your fiance or spouse. This information is only ever disclosed IF an interview occurs and the USCIS officer asks at your interview, “When did you meet your spouse?” Neither the I-485 adjustment of status petition, nor the I-130 petition, nor the I-130A petition ask when you met your spouse. If an officer asks you this question you MUST answer honestly. Never hide anything. Just make sure you have the documentation to back up your romance. An experienced immigration attorney can guide you which can save you a lot of stress and anxiety.
Be Honest About Your Journey: If questioned about the length of your relationship, be candid about your feelings and how you arrived at the decision to marry and apply for a marriage green card. Officers appreciate honesty and can often tell when someone is being genuine but these can be very difficult questions to answer honestly with tact if you have no idea what the officers are looking for.
Duty to Disclose: While you’re not required to disclose your engagement length, it’s best to be upfront if asked. Concealing information can raise red flags, so honesty is always the best policy during the marriage green card process.
4. Preparing for Marriage Green Card USCIS Interview Questions
As you prepare for your immigration interview, think about how to respond to questions that might probe into your relationship's authenticity. Some questions to consider include:
What is the difference between you and your spouse when you were dating and now?
How do I know you are not just roommates?
Why did you decide to get married now?
How and when did you decide to go through the marriage green card process?
When we prepare a case, we make sure we dispel any such suspicions from the outset by documenting the love and marriage story in a solid way. Moreover, we prepare our clients for their marriage green card interview (adjustment of status interview) by putting them through my mock interview process. Most of my clients in the mock interview answer questions in ways that make them look guilty because they are nervous and do not answer a question with information that helps the officers make a decision. In my experience, officers need your help in making the right decision, but when a client doesn’t know how to answer a question properly then misunderstandings happen. USCIS is not out to get you I tell them. They just need you to give them the information they need to make an informed decision!
Crafting Your Answers
When answering these questions, emphasize the following:
Emotional Growth: Talk about how your relationship has evolved. Have you shared more personal experiences together? Have you built a life together? Highlighting emotional milestones can make your case stronger. I often share with my clients our proprietary template affidavit so that they can share their personal evolution by explaining what they learned from previous relationships and then explaining how their past informed their future priorities. Explaining how the investment in love affects their decision to get married and also to go through the marriage green card process are all dots that should be connected in a common-sense way.
Daily Life Together: Discuss your routines and how you support one another. Whether it’s making dinner together or attending family gatherings, small details can paint a picture of a genuine partnership.
Future Plans: Share your aspirations as a couple. Whether it’s buying a house, starting a family, or planning a future travel adventure, showing that you have a shared vision for your life together can bolster your case.
5. Slowing Down to Prepare
Feeling rushed to file for your spouse’s green card is completely normal, especially if you're eager to begin your life together. Many times we are contacted by H-1B employees who have been living in the U.S. for many years. They began their lives here as F-1 student visa holders and then got picked up in the H-1B lottery and during these many years here in the U.S. they met the love of their lives. They call our office and ask questions such as “My H-1B partner/fiance/boyfriend/girlfriend and I always planned to get married but they just got laid off and it has accelerated our plans to get married. Is this a credible basis to get married if I am a U.S. Citizen and apply for the marriage green card via an adjustment of status?” Another scenario is when an F-1 student comes to the U.S. with every intention of completing their studies and has been an international student for a few years but then something happens and they cannot maintain their F-1 status. More often it’s because the student’s family can no longer financially afford to pay for the F-1 student’s out of stat tuition costs. However, they’ve been here on F-1 for years and fell in love and are contemplating going back to their home country but their partner/fiance/girlfriend/boyfriend who they have been in a long-term relationship with and with whom they have seriously and meaningfully discussed marriage says “I don’t want you to leave the U.S., I love you and we have always dreamed of marrying - let’s just accelerate our plans to get married!” When life brings up an issue like this and you are panicking it’s best to arrange a consultation with an immigration attorney who can inform you of your rights because if you marry and have not violated your visa, you are eligible for a marriage green card as the spouse of a U.S. Citizen. It’s wise to slow down and speak to an expert so you can lay a proper foundation taking into consideration the following:
Quality Over Speed: Taking the time to gather comprehensive evidence can significantly enhance your application. Remember, a well-prepared case is more likely to succeed.
Consulting an Expert: Engaging a marriage immigration lawyer who specializes in marriage-based immigration can be invaluable. An expert can help you navigate the nuances of your case and ensure you present your relationship in the best light.
Don’t Make any Drastic Decisions or Moves: If you leave the U.S. you might further complicate your case. Even if you overstay that may be okay if you are in a legitimate marriage with your sweetheart as any overstay is forgiven once you go through the marriage green card process via the adjustment of status process.
6. The Importance of A Marriage Immigration Lawyer in Your Case
While many may think any lawyer can handle their immigration case, having a marriage immigration lawyer with experience in these cases is essential. They understand the intricacies of relationship dynamics that a business or employment immigration lawyer might overlook. Here’s why:
Understanding Nuances: Marriage green card lawyers can appreciate the subtleties of your relationship and help you articulate the details that are important to your case when it comes to your initial submission and during the interview.
Holistic Approach: They can offer insights into the emotional and legal aspects of your case, ensuring that every angle is covered.
Predict Each Step: An experienced marriage immigration lawyer will always let you know what is next and can best help you capture your relationship from every angle.
7. Final Thoughts: You’re Not Alone
As you navigate the adjustment of status process for the marriage green card, remember that you’re not in this alone. Many applicants face similar concerns about their relationship's legitimacy, especially if it’s been a whirlwind romance or a short engagement. Know your blindspots and get ahead of your case. Don’t slow down your case by making assumptions.
With proper preparation, you can demonstrate that your love is real and enduring. Don’t hesitate to lean on the expertise of a qualified immigration attorney. As a New York marriage immigration lawyer, I’ve helped hundreds of couples like you successfully secure their marriage green cards. So take a deep breath, gather your evidence, and trust in the love you share. Your journey to obtaining a marriage green card is just the beginning of your adventure together!
Your journey matters to us because we've been there, and we're here to help you every step of the way. Let's make your dream a reality together. With the right approach, the marriage green card process can help you build a future in the U.S. with your spouse while allowing you to achieve your immigration goals. We meet our clients where they are! Should you or your loved one have any questions or need representation, please do not hesitate to contact us. Although we are located in New York City we represent clients all over the 50 states of the US. Call us, email us at info@khunkhunlaw.com or review other options to get in touch with us for an immigration consultation. We have represented many clients with successful results even with the most difficult set of facts.