Mistakes to avoid when you are in the US on a B1/B2 visitor visa and applying for adjustment of status based on marriage to a US Citizen or a Green Card holder.

Obtaining a Green Card based on marriage to a U.S. citizen or Green Card holder. Ensure the success of your application by demonstrating the authenticity of your marriage to your US Citizen or Permanent Resident spouse.

Departing the U.S. before an Advance Parole document is granted will result in the abandonment and automatic denial of the pending I-131 application if you have a marriage-based Adjustment of Status pending unless you have a valid H-1B stamp.

Who doesn’t like to save money? I certainly do—so I don’t blame people for asking this question and even up to a year ago, I would tell many of my clients who had seemingly straightforward cases that they could attend the interview themselves after I had given them a mock interview. However, with the recent immigration climate, we see a rather hostile trend with respect to how clients are treated at immigration interviews.

Many states grant a legal name change when the Foreign National spouse gets married—this new married name is usually printed on the marriage certificate if you apply for the license requesting the name change. If the new name is printed on the marriage certificate, it gives the Foreign National the right to elect to use their spouse’s last name or to hyphenate their name with their spouses name. Whatever decision is made at this point, the Foreign National should going forward, consistently use the name they opt to take. 

if you are the spouse of a lawful permanent resident, or a child under 21 years old of a permanent resident who does not yet have a visa petition filed, you should submit your visa petition as soon as possible during the month of July 2019, in order to be able to take advantage of the current priority date for F2A and apply for a visa immediately.

If you are on an H-1B visa, there is no reason you can’t get married to a US citizen as long as you honor the immigration laws and procedures that apply to most non-immigrants transitioning to an immigrant visa (marriage-based Green Card). The following are some important considerations to keep in mind:

“I just got engaged to my fiancé and we are anxious to begin our American Dream Life together. We’re ready to get married but are not sure if it’s better to apply for fiancé visa now or get married and then apply for a marriage visa. What should we do?”

• I have a student visa and my spouse has a Green Card. Can he apply for my Green Card now or should we wait until after he becomes a U.S. Citizen

• Will I get in trouble if I came here to study but ended up marrying my Green Card holding boyfriend/girlfriend?

• What if I overstay my student visa. Can I still get a Green Card if my Green Card holding spouse petitions for me?

Marriage in the modern day can be challenging enough as it is. Unpredictable immigration processing times, however, often end up leading to long periods of physical and emotional distance for couples waiting to live out the American Dream in the US. We have had many cases where by the time the foreign spouse arrives in the US, the marriage has already fallen apart. The question is, what can the foreign spouse do to keep themselves and their immigration case together in this new chapter in their lives?

Entering as a boyfriend/girlfriend on the visitor visa, or ESTA (also known as the Visa Waiver Program), is not in and of itself a visa violation. It can, however, become a problem if the girlfriend/boyfriend plans to use the non-immigrant visa to enter, and then take actions that are contrary to the intent of the visa by, for example, getting married to their US citizen love interest. This is because marriage to a US citizen implies immigrant intent, according to the US immigration laws, and traveling with what's called "dual intent" is strictly forbidden when it comes to the visitors visa or ESTA.