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:

USCIS has been experiencing unprecedented delays this year in 2018 due to new immigration policies and procedures that have changed the way we now advise our clients. These changes directly impact when a marriage case should be filed, how travels have to be carefully planned, and when an arriving immigrant can begin working and also maintain their employment status after filing for family based Adjustment of Status.